Legal Question in Landlord & Tenant Law in Iowa
Can a tenant get out of a lease if the landlord is not willing to do something to another tenant who has been threatening me and my family? We have called the police the numerous of times and the police has informed the landlord of the unsafe conditions this tenant has put us in.
1 Answer from Attorneys
Your problem is governed by Iowa Code chapter 562.A21. This assumes that you have a written rental agreement or lease.
562A.21 NONCOMPLIANCE BY THE LANDLORD -- IN
GENERAL.
1. Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement or a
noncompliance with section 562A.15 materially affecting health and
safety, the tenant may elect to commence an action under this section
and shall deliver a written notice to the landlord specifying the
acts and omissions constituting the breach and that the rental
agreement will terminate upon a date not less than seven days after
receipt of the notice if the breach is not remedied in seven days,
and the rental agreement shall terminate and the tenant shall
surrender as provided in the notice subject to the following:
a. If the breach is remediable by repairs or the payment of
damages or otherwise, and if the landlord adequately remedies the
breach prior to the date specified in the notice, the rental
agreement shall not terminate.
b. If substantially the same act or omission which
constituted a prior noncompliance of which notice was given recurs
within six months, the tenant may terminate the rental agreement upon
at least seven days' written notice specifying the breach and the
date of termination of the rental agreement unless the landlord has
exercised due diligence and effort to remedy the breach which gave
rise to the noncompliance.
c. The tenant may not terminate for a condition caused by the
deliberate or negligent act or omission of the tenant, a member of
the tenant's family, or other person on the premises with the
tenant's consent.
2. Except as provided in this chapter, the tenant may recover
damages and obtain injunctive relief for any noncompliance by the
landlord with the rental agreement or section 562A.15 unless the
landlord demonstrates affirmatively that the landlord has exercised
due diligence and effort to remedy any noncompliance, and that any
failure by the landlord to remedy any noncompliance was due to
circumstances reasonably beyond the control of the landlord. If the
landlord's noncompliance is willful the tenant may recover reasonable
attorney's fees.
3. The remedy provided in subsection 2 is in addition to any
right of the tenant arising under subsection 1.
4. If the rental agreement is terminated, the landlord shall
return all prepaid rent and security recoverable by the tenant under
section 562A.12.