State Specific Question About: IOWA (IA)

A unit residing by said Tenant is dirty:

- clutter; gnats from sink drains; slight stale odor

I don't have anything specific as far as rules dictating cleanliness.

Below are what I do have in my Lease and was debating to start a 7/7 w/ inspections to be based upon:

i. Tenant shall keep the premises, furniture, furnishings, appliances and fixtures, which are rented

for Tenant’s exclusive use, in good order and condition.

b. Landlord shall have the right, subject to Tenant’s consent, which consent shall not be unreasonably withheld, to enter the dwelling unit in order to,

i. Inspect the premises,

ii. Make necessary or agreed repairs, decorations, alterations or improvements,

iii. Supply necessary or agreed services, or

Suggestions as to what I could add for less liability if I were to have to go through the evict. process based on the initial 7/7?

Good Luck.

i. " Tenant shall keep the premises, furniture, furnishings, appliances and fixtures, which are rented for Tenant’s exclusive use, in good order and condition. "

Most state laws state this, anyway. And, how do you suppose the enforcement goes?

b. " Landlord shall have the right, subject to Tenant’s consent, which consent shall not be unreasonably withheld, to enter the dwelling unit in order to, "

Most, if not all, state laws have an implied guarantee of quiet enjoyment of the premises (by tenant) which forbids landlord from entering except in specific and limited circumstances.

i. " Inspect the premises, "

Sounds reasonable, but unless state law specifically gives you that right, you don't have it, and your lease does not override tenant's right no matter what you write in it.

You may be interested to know that CA does not allow it, except in one special case of a specific type of inspection.

ii. " Make necessary or agreed repairs, decorations, alterations or improvements, "

I am certain that your state law already states this, along with conditions including notice, hours and other conditions. You cannot override it with your lease.

iii. " Supply necessary or agreed services "

I am certain that your state law already states this, along with conditions including notice, hours and other conditions. You cannot override it with your lease.

We have a tenant (couple) with bad housekeeping skills. I entered the place 3-4 times and it was disgustingly cluttered. They probably never clean. They had 1 year lease that is ending at the end of this month. We did not terminate, we went month to month. It's not convenient for me to let them go in December. February is more convenient and this is when they will go. I knew about the mess all the time and didn't like it a bit, but I wouldn't evict for that, unless there are some visible damages.

So how do you know this? Hardly seems worth your while. Just because someone does not live as clean as you, but pays their rent, you have no right to dictate exactly how clean, Unless it is affecting neighboring unit.

Stale odor, heck, I would rather have that than some of the highly perfumed and scented units I have been in. Homes can smell stale to someone that is not used to it. Gagging stink is another thing. That can be a possible health issue. Not dusting enough? Dusty items doesn't hurt anyone.

Define clutter. What you think is clutter, might be just fine with someone else. As long as it isn't a safety hazard (storing gas inside or blocking entrances), or something that would hurt the property (weight issue on the floor,sagging cabinets), it isn't your issue.

Gnats from sink drains? Bug problems could require some treatment, either by you or tenant, see the fruit fly post below.

i. Tenant shall keep the premises, furniture, furnishings, appliances and fixtures, which are rented

for Tenant’s exclusive use, in good order and condition.

in my opinion this clause includes keeping the unit maintained to a certain level. I would point this out and tell them they need to clean up so the code inspector won't find any issues if he comes by for his inspection. I have also used "i need you to clean up because i have an inspection coming up that has to be done. Then ask your cousin to go in and inspect as scheduled and buy him lunch. The law allows you to inspect but requires advance notice to the tenant and it can't become a nuisance to them.... varies state to state.

If they are not maintaining the outside of the unit, i send them notice from the "NEIGHBORHOOD CLEAN COMMITTEE" which says they will be reported to the township if the lawn is not cut... or trash is not picked up .... or whatever... I have also had success sending these to neighbors who had crappy yards. You make up and group, create a letter or checkoff list of issues, and use some vague signature or just sign it from the NCC.... I think Martha Washington signed the last ones, but her writing was so bad no one could read it.

I say mind your own business. No two people live the same.

" i. Tenant shall keep the premises, furniture, furnishings, appliances and fixtures, which are rented for Tenant’s exclusive use, in good order and condition.

in my opinion this clause includes keeping the unit maintained to a certain level. "

A certain level? What certain level? No level is specified.

Patricia,

I like your thinking. But words on a piece of paper will not change their habits. For now, send them a letter with specific issues to resolve and a specific re-inspection date. But don't hold your breath.

You accepted them and you got what you allowed.

An IN-HOME inspection before approval solves this on the next one.

Words: my lease is written FOR THE JUDGE. The words about cleaning are included so I have a legal right to charge for cleaning. Without the words the judge COULD disallow anything I charge for cleaning.

My lease is clear: "Resident shall maintain the property in a clean and sanitary manner. Property is to be returned in MOVE IN condition, same as when possession was given and ready for the next resident.

The home was professionally cleaned before move in and must be professionally cleaned after move out. (this solves the whole "defining what is clean" issue. I pull $200 out of the deposit and mark it Non-Refundable Exit Cleaning Fee)

Resident agrees in advance to the Standard Cleaning and Repair Costs listed in this lease." (about a full page of itemized standard costs.

Hope this helps!

BRAD

Forgot... my lease also states HOTEL CLEAN to give the judge a mental picture of what we expect.

i had a tenant that had so much crap, all over, stacked all over the place, piles on the floor, boxes and bags all over. Dirty old crusty food dishes on the counter... then when she brought in bed bugs, she couldn't even begin to prepare for the treatment. i had to pay extra for the exterminator to move her furniture away from walls, open drawers, ... i'd fight it. i'd have the fire inspector come in, or the code inspector ... lets be real. these people could have mice, squirrels, roaches, and you wouldn't know until they moved out. so i don't feel it is unrealistic to require the place not to look like hoarders in infancy.

Clutter, gnats (fruit flies), and a stale odor?

Actually, you just described my house! Clutter, (kids toys), fruit flies (everybody gets those), and a stale smell of dirty diapers!!

See my post just a moment ago about Hardwoods ruined. I did not take preventive action fast enough to have changed this outcome.

Don't make my mistake. Inspect, inspect, inspect; and if tenant balks, tell him he can sue you or permit the inspection.