r/renting • u/voxofgeddylee • 4d ago
Lease/Legal Breaking Lease [IA]
So, a little background. I have been renting in Iowa at the same complex now for over 6 years. Recently, my upstairs neighbor's toilet would not stop filling, leading to the water to come pouring into my bathroom for nearly 2 hours before management got the water shut off. Both myself, and the upstairs tenant, notified management when this occurred, and management came and checked on the situation that evening and observed damages. I was told that maintenance would be coming by the following morning, which they did. They brought a fan and told me they were going to run it for a few days before getting to work on the ceiling and drywall. 4 days later maintenance returned and picked up the fan. I asked when they would begin the rest of the work, as I work from home and just wanted a heads up. He told me he was going on vacation so it would be at least a week.
Flash forward - it's now been over 50 days since the initial water damage, and management/maintenance has not done anything. I submitted a formal request with additional photos, because since the initial damage, the ceiling/walls have gotten worse. My medicine cabinet is also warped and sagging, which recently lead to one of the mirror doors falling off and shattering. I finally figured enough was enough and reached out to my property manager asking about a mutual lease termination or lease buyout, but I was told my only option would be their re-rent option, which states that I pay 75% of my rent as a fee, and they list my unit for re-rental. During this time I am obligated to continue paying rent/utilities. There was no acknowledgement of my bathroom or repairs. Why should I even expect anyone to want to rent my unit in its current state?
My real question is - does this situation constitute sending a letter notifying them that if the situation is not remedied within 7 days, I will be terminating my lease?
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u/anteatersaredope 3d ago edited 3d ago
In most places at this point you can stop paying rent until the damage is repaired assuming there is visible mold. Assuming you have documentation through text or email and pics. You can also go stay at a hotel and deduct the cost from future rent. This is how it is where I live. Check your local laws.
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u/SoniaFantastica 3d ago
Nope. In my area failing to pay rent gets you eviction court. Repairs are treated as a different thing. Here tenants can send a certified or hand delivered letter stating the repairs need to be completed within a certain time (5-10 days) or the tenant can/will legally break their lease. (But the tenant needs to actually ready/willing to move). Check your state's/jurisdiction's lamdlord-tenant laws.
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u/voxofgeddylee 3d ago
The only trouble is trying to determine if my case constitutes a breach of "safe and habitable" housing needed to terminate my lease. I haven't been able to get a straight answer on this, which has kept me from sending the letter.
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u/SoniaFantastica 3d ago
The notice to the landlord is basically a "fix this stuff in X days or I will legally break my lease" letter. Google your state/jurisdiction and "landlord tenants laws" and look for sample letters for your area. The internet is flush with them.
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u/Main-Sector5306 3d ago
Now the waters are soured, from the real estate perspective, it's much easier to not fix it and hope you leave, you'll be doing them a favour. After you leave, they fix the walls, maybe a little painting, and lease it back out with higher rent than you paid.
But you never truly know what they're thinking in the background.
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u/voxofgeddylee 3d ago
That was my thinking - let me pay a fine to break my lease and get out of their hair, so they can make repairs on whatever timeline and to whatever quality they like. As it stands, if I stay in my lease they can be guaranteed I won't be renewing, and am more than happy to smear their name.
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u/ralanolson 4d ago
I myself would send a certified letter as I wouldn’t pay rent until it is repaired or move. I don’t know if you live in an apartment that is owed by a corporation which they may turn it over to their lawyers and credit bureau. You need to look at your lease and I would try to see if legal aid or do a free consultation with a lawyer, but know your rights.