Posted by DK on February 01, 1999 at 11:17:13:
In Reply to: Obligation to pay rent posted by Matt Petersen on January 30, 1999 at 19:14:45:
You really need advice from someone who is familiar with Iowa law. In New York, which follows the common law on constructive eviction, you would owe rent up through the time that you were able to occupy the apartment, but if the landlord was at fault for failing to make necessary repairs, the landlord would owe you damages for the cost of your move and any additional expenses you incurreed to rent a comparable apartment elsewhere.
: I am curious if anyone can help me with a dispute I am having with an ex-landlord. I recently moved from central Iowa to eastern IA partly for a job relocation and partly because I was living in hell. This apartment I was renting though we thought it was nice at first, started falling apart on me. The roof started leaking in a corner when the snow started to melt and in the same corner was a chimney enclosed in the wall. water got down in that part of the wall and started oozing through the paint and it was brownish water that we thought and probably was poisonous. We alerted the landlord of this and he came to look at it and told me this was a reoccuring problem & we'd just have to "live with it" until it got a little nicer out, & gave me some plastic to put on the floor in the area. Can you believe it?? I have 2 small girls constantly trying to get into it. I found this unacceptable and the landlord got rather beligerent about it. this came on the eve of a 5% rent increase. So needless to say, I moved and told the landlord to keep the deposit & that I just wanted out. Now that I'm gone they say I owe them a month rent. I signed a month to month lease when I moved in that said nothing about rent increases and I don't feel I am obligated to pay that rent, espicially with the structural problems. Or am I?? Could somone please help or steer me to some reference on this subject?? Sorry the post is so long. Thanks in advance!!!
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