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Termination of month-to-month lease/tenancy

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RentalQuestion

Junior Member
What is the name of your state (only U.S. law)? Iowa

I am attempting to terminate a month to month lease with my landlord. The terms of tenancy are as follows:

"The rental will begin on 5-20-11, and continue on a month-to-month basis. Landlord may terminate the tenancy or modify the terms of this Agreement by giving the Tenant 30 days' written notice. Tenant may terminate the tenancy by giving the Landlord 30 days' written notice."

Rent is due on the first of the month, and the first couple weeks of the tenancy were prorated.

The landlord's wife is claiming that I owe rent through August 31, and they take possession of the property on September 1. -- My agreement does not have her name on the lease as a landlord.

The landlord has posted the house for rent on Craigslist and clearly states the property is available beginning in August.

I went to City Hall today and asked to see if they had a rental certificate. The rental certificate is outdated and he is in the process of getting it renewed. I have read that they are required to have anything more then a tenancy at will.

Is it possible for me to get out of the lease in 30 days? I submitted my written request on the 7th of July. The terms do not stipulate 30 days from the first of the month. The landlord has publicly stated the house is available in the beginning of August, which also leads me to believe that he accepted my termination, 30 days from now.

Any advice is greatly appreciated.
Thanks!
 


LillianX

Senior Member
In Iowa, the required notice is 30 days from the next time rent is due, when it comes to a month-to-month lease. For example:

If you give notice on April 10th, your 30 days is not up on May 10th. It is up June 31.

In your case, yes, this means that you owe rent for the month of August.

The landlord is advertising the property as available August 1, and if she is able to rent it out for that date, you are not liable for August's rent. If she cannot, you are.
 

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