LeftysTattoo
Jan 5, 2012, 12:17 PM
We remodled our business back in May with a verbal consent agreement between the landlord and current owner. He is now trying to evict us on the grounds of breach of contract because we remodled even though we had a verbal contract. The changes we made were all done to bring the business up to code and our standard, and they were all approved by the landlord. They have collected rent for the past nine months with no complaints or issues with the remodel. He has recently tried to evict us to bring in another tenant who will pay more a month yet we are nine months into a two year lease on the building. This is the biggest source we've found in Iowa code to back us up.
"Iowa code 562A.30 WAIVER OF LANDLORD'S RIGHT TO TERMINATE. Acceptance of performance by the tenant that varies from the terms of the rental agreement or rules subsequently adopted by the landlord constiutes a waiver of the lanlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred."
Is there anything else we can do to fight this or stay the eviction process?
"Iowa code 562A.30 WAIVER OF LANDLORD'S RIGHT TO TERMINATE. Acceptance of performance by the tenant that varies from the terms of the rental agreement or rules subsequently adopted by the landlord constiutes a waiver of the lanlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred."
Is there anything else we can do to fight this or stay the eviction process?