[LeftysTattoo]

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?

[smoothy]

Good luck proving anything that was said verbally...

What's in writing is what counts.

And you are going to have to prove the remodling was approved. Just because they collected rent afterwards isn't proof.

[LisaB4657]

I disagree with Smoothy on this one.

It really depends on how the judge is feeling that day but I think you have an excellent case to show that the landlord waived his right to object. In addition you should point out that you spent a considerable amount of $ in reliance on the landlord's word that he approved of the remodel, and that you never would have spent that $ if the landlord hadn't already approved.

Finally, take a look through your lease to see if there is anything in there about the tenant being required to make any repairs or modifications which may be necessary to conform to local codes.