How about this view:
Look up the definitions under the Iowa law lord tenant law. 562A.6 (9).
Definition of rent is A payment to be made to the landlord under the rental agreement.
Wouldn’t payment of utilities then be rent and subject to a 3 day notice to pay rent? Probably, but you could only ask for the amount due within the last 30 days if you wanted to follow up with an FED.
I see no reason you can’t serve 3 day notices and 7 day notices and 30 day notices all at the same time.
You need to look in the lease for definitions. Hud also has certain provisions sometimes attached to your lease that apply and could be controlling.
For some reasons magistrates in our area think even late fees, which are payable under the lease aren’t “rent”…… I think they are wrong. Would be a good amendment to the statute to clarify by the Landlords and ISBA groups. Other way it an appeal someday. I appealed one and it was to District court and won. Didn’t stop the magistrate from holding otherwise later.
Mark
Mark E. Mershon
Mershon Law Firm
3012 Rownd Street
Cedar Falls, IA 50613
Phone: 319.553.1471
Fax: 319.774.5693
From: realestate-owner@iabar.org <realestate-owner@iabar.org> On Behalf Of Andrew Mahoney
Sent: Thursday, June 7, 2018 3:57 PM
To: realestate@iabar.org
Subject: [ISBA RealEstate] HUD lease evictions for material noncompliance
Listmates,
I have a client, Landlord, who has a Tenant with a HUD lease. Landlord sent a notice of termination of tenancy (“30 day”) notice to terminate based on nonpayment of electricity. The bill has become pretty substantial. There is a lease provision that requires tenant to pay for electricity and to reimburse Landlord for any forwarded costs. Question is, can you also send a 7 day notice of material noncompliance and evict sooner? Does sending a 30 day notice on the same matter prohibit you from sending a 7 day notice? If it does, then could landlord in the future just send a 7 day instead of the 30 day?
Any advise on these HUD leases is appreciated.
Thanks!
Andrew L. Mahoney
Kozlowski Law Group, LLC
314 N. 4th Street
Burlington, Iowa 52601
Ph: 319-753-6201
Fax: 319-754-8471
E-mail: andrew@kozlawllc.com
Website: kozlawllc.com
Confidentiality Notice: The email and any attached documents contain information from Kozlowski Law group, llc., attorneys, which may be confidential and/or legally privileged. These materials are intended only for the personal and confidential use of the addressee identified above. If you are not the intended recipient or an agent responsible for delivering these materials to the intended recipient, you are hereby notified that any review, disclosure, copying, distribution or the taking of any action in reliance on the contents of this transmitted information is strictly prohibited. If you have received this email in error, please immediately notify the sender of this message. Thank you.