Legal Question in Real Estate Law in Iowa

Landlord/Tenant Issues

We just moved into a rural rental property that uses propane gas from a propane tank. Our heat, air conditioner and water heater both run on propane. The tank is empty, and the landlord says he is not responsible for filling the tank. He owns the tank, and he keeps the propane left in the tank when we move - am I responsible for filling his propane tank? There is no lease, and this was not discussed before we moved in because I was not familiar with propane tanks and how they work.


Asked on 10/09/03, 12:28 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Landlord/Tenant Issues

Certainly that would have been something that could have been discussed prior to moving in. To my knowledge, there are no requirements that you be provided with propane. All I can offer is my opinion. I would have to say, since the landlord did not specifically agree to provide propane to you, you would be required to fill it. Very few landlords pay utilities for their tenants, and that's exactly what you're asking him to do. Though it's not exactly equitable that he not compensate you for any propane left in the tank. That is probably where you should concentrate your negotiation efforts. If that fails, make sure you move out when it's empty!

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Answered on 10/09/03, 12:41 pm


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