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  1. #1
    djack210 is offline Junior Member
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    Month-to-Month Lease and Notice to Vacate

    Iowa


    My landlord and I began a month-to-month lease which began Dec. 1, 2011. I received verbal permission to move in a week earlier. Within the lease agreement, it cleverly (and in small print) states that the tenant will give a 60-day notice to the landlord. The Iowa state statute says the following:

    562A.34 Periodic tenancy--holdover remedies.

    2. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.


    Does the statue supersede the lease agreement?

    Further, the month-to-month lease was not re-signed each month, however I did continue to pay rent, which as I understand it, subjects the tenant to automatic renewal of the lease agreement.

    Thank you, community.

    Ultimately I want to know exactly how much I am obligated to pay this landlord.
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by djack210 View Post
    Iowa


    My landlord and I began a month-to-month lease which began Dec. 1, 2011. I received verbal permission to move in a week earlier. Within the lease agreement, it cleverly (and in small print) states that the tenant will give a 60-day notice to the landlord. The Iowa state statute says the following:

    562A.34 Periodic tenancy--holdover remedies.

    2. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.


    Does the statue supersede the lease agreement?

    Further, the month-to-month lease was not re-signed each month, however I did continue to pay rent, which as I understand it, subjects the tenant to automatic renewal of the lease agreement.

    Thank you, community.

    Ultimately I want to know exactly how much I am obligated to pay this landlord.
    The MINIMUM amount of notice required is what the statute provides. If a lease specifies a longer period of time, then the lease would prevail.

    Seriously, though. You just moved in barely two months ago. You are already thinking about how much notice you would have to provide to move out? Yes, in a month-to-month tenancy, even if the written lease expires, the tenancy continues as long as tenant pays rent and LL accepts it for another month. However, any terms included in the original lease also continue to apply - including the requirement that the tenant provide 60 days' notice of their intention to terminate their tenancy.

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