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Re: ABANDENMENT
Posted by Bob on 2010-03-27 8:47:42am


Following is one section of applicable landlord-tenant law regarding extended absence:

IOWA CODE 562A.29 REMEDIES FOR ABSENCE, NONUSE AND
ABANDONMENT.
1. If the rental agreement requires the tenant to give notice to
the landlord of an anticipated extended absence as provided in
section 562A.20, and the tenant willfully fails to do so, the
landlord may recover actual damages from the tenant.
2. During an absence of the tenant in excess of fourteen days,
the landlord may enter the dwelling unit at times reasonably
necessary.
3. If the tenant abandons the dwelling unit, the landlord shall
make reasonable efforts to rent it at a fair rental. If the landlord
rents the dwelling unit for a term beginning prior to the expiration
of the rental agreement, it is deemed to be terminated as of the date
the new tenancy begins. The rental agreement is deemed to be
terminated by the landlord as of the date the landlord has notice of
the abandonment, if the landlord fails to use reasonable efforts to
rent the dwelling unit at a fair rental or if the landlord accepts
the abandonment as a surrender. If the tenancy is from
month-to-month, or week-to-week, the term of the rental agreement for
this purpose shall be deemed to be a month or a week, as the case may
be.

The phrase 'If the tenant abandons the dwelling unit...' is central to the issue. How do you prove that the tenant abandoned the dwelling unit? If you throw out the personal property, your tenant may return later and demand recovery, so you need to be prepared to prove 'abandonment' if you elect to do a self-help eviction.
Evidence of abandonment includes unpaid rent, disconnected utilities, keys left on the kitchen counter, a note apologizing for their sudden disappearance, absence of beds, food, and other essentials, etc. So you would need to document those observations for later defense of your actions.
Or you can secure the property as defined in 562A.29, and use the correct procedures for collection of unpaid rent when it be cvomes due.
Our local Magistrate recommends that you procede to a Court ordered eviction for non-payment of rent to avoid future issues about the proper dispostion of abandoned property.

Thread Tree:
  • ABANDENMENT - Deb - 2010-03-25 2:32:54pm x
    • Re: ABANDENMENT - Bob - 2010-03-27 8:47:42am


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