HISTORY OF

MUSCATINE COUNTY, IOWA

1879 EDITION


Transcribed by Sharon Elijah, January 2014

ABSTRACT OF IOWA STATE LAWS.

LANDLORD AND TENANT.

Pg 304

         A tenant giving notice to quit demised premises at a time named, and afterward holding over, and a tenant or his assignee willfully holding over the premises after the term, and after notice to quit, shall pay double rent.

         Any person in possession of real property, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown.

         Thirty days’ notice, in writing, is necessary to be given by either party before he can terminate a tenancy at will; but when, in any case, a rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than such interval between the days of payment. In case of tenants occupying and cultivating farms, the notice must fix the termination of the tenancy to take place on the 1st day of March, except in cases of field tenants or croppers, whose leases shall be held to expire when the crop is harvested; provided, that in cases of a crop of corn, it shall not be later than the 1st day of December, unless otherwise agreed upon. But when an express agreement is made, whether the same has been reduced to writing or not, the tenancy shall cease at the time agreed upon, without notice.

         But where an express agreement is made, whether reduced to writing or not, the tenancy shall cease at the time agreed upon, without notice.

         If such tenant cannot be found in the county, the notices above required may be given to any sub-tenant or other person in possession of the premises; or, if the premises be vacant, by affixing the notice to the principal door of the building or in some conspicuous position on the land, if there be no building.

         The landlord shall have a lien for his rent upon all the crops grown on the premises, and upon any other personal property of the tenant used on the premises during the term, and not exempt from execution, for the period of one year after a year’s rent or the rent of a shorter period claimed falls due; but such lien shall not continue more than six months after the expiration of the term.

         The lien may be effected by the commencement of an action, within the period above prescribed, for the rent alone; and the landlord is entitled to a writ . . .

Pg 305

. . . of attachment, upon filing an affidavit that the action is commenced to recover rent accrued within one year previous thereto upon the premises described in the affidavit.


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Page created January 6, 2014 by Lynn McCleary