[starcecil88]

In June they came into our place to do a repair without ever giving us notice they were coming. If we paid July rent does that void our ability to terminate lease under s 562a.35 of the Iowa Landlord-tenant law?

[ScottGem]

First, why did they enter? They are allowed to enter to do an emergency repair.

Why do you want to break the lease? Has there been a pattern of unauthorized entrances?

[starcecil88]

First, why did they enter? They are allowed to enter to do an emergency repair.

Why do you want to break the lease? Has there been a pattern of unauthorized entrances?

No it was not emergency and we want to end lease for numerous reasons including not giving us the apartment we were signed to get. She asked us what floor we preferred we said NOT THE MIDDLE. So when she called and said I have an upper floor available we went to sign the lease, then a few weeks before we moved in found out the address assigned to us was a middle floor - and we have problems with people complaining about us being loud despite the police being called and agreeing our "music isn't loud".

The list goes on and on, at the very least I'd like to know if we can still be entitled to damages under the section given.

[starcecil88]

First, why did they enter? They are allowed to enter to do an emergency repair.

Why do you want to break the lease? Has there been a pattern of unauthorized entrances?

And now they have given us a verbal warning saying they will try and evict us Monday for not paying pet deposit - which we never agreed to their terms which was $600 - 250 of it non refundable and they deduct pet damages out of the refundable portion as well as charging us an additional 40/month for pets.


From what I read that section of 562a.35 entitles us to no less than one month rent for damages which is more than the amount we now "owe them"

[ScottGem]

I didn't ask whether you thought it was an emergency, I asked what the reason was.

Generally courts do side with landlords unless its really clear that the landlord is abusing. So I would suggest consulting with an attorney in your area who knows the trend of local courts.