Know your rights/rental laws
August 4, 2014
Living in an apartment for the first time can be rather exciting, but it’s a good idea to know the residential occupancy laws in Ames and read through your lease before signing it.
City of Ames Occupancy Laws
Knowing the residential occupancy laws in Ames will help you choose how many roommates you want or need and how big of an apartment or house to get. These laws can be found at www.cityofames.org/index.aspx?page=188 or in the City of Ames Municipal Code.
The laws say that a family can be defined as many things:
• One person living alone
• Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship
• Three unrelated people
• Two unrelated people and any children related to either of them
• No more than eight people who are residents of a “family home” as defined in Iowa Code Section 414.22 or “handicapped” as defined in the Fair Housing Act 42 U.S.C. Section 802(6).
• No more than five people who are granted a Special Use Permit as a single non-profit housekeeping unit (“functional family”) pursuant to City of Ames Municipal Code Section 29.1503(4)(d).
The definition of a family, according to the municipal code, does not include any society, club, fraternity, sorority, association, lodge, combine, federation, coterie or like organizations. It also does not include any group of individuals whose association is temporary or seasonal in nature or who are in a group living arrangement as a result of criminal offenses.
Read your lease
Although most leases are pretty much the same and there are general rules that are pretty much common knowledge by now, make sure you read your lease before you sign it.
Some of the most common things outlined in a lease or rental agreement include the term of the lease, the amount of the security deposit, rent and late fees, where and how to pay your rent, a pet policy, occupancy or use and the utilities both the tenant and landlord are responsible for. Other things include maintenance policies, who the manager is and emergency contact information, rules including what is or isn’t allowed, what you can and cannot do when decorating and tenant and guest parking.
According to Nolo, a company that provides legal information and help, when it comes to the amount of rent, a landlord in Iowa can charge any amount as there is no rent control in Iowa. If the monthly rent for a unit is up to $700, a landlord cannot charge more than $12 per day or $60 per month in late fees if rent is not paid on time. If the rent is more than $700, late fees cannot exceed $20 per day or $100 per month.
If landlords want to increase the amount of rent on a unit, they have to give at least 30 days notice in writing on month-to-month rental agreements. For long term leases, they must wait until the lease has expired and a new tenancy begins, unless the lease has a clause about possible rent increases.
In Iowa, landlords must give tenants three days to pay their rent or move. If the tenant does neither of these, the landlord may file for eviction.
Protect Yourself
Not all tenant-landlord agreements end in going to court over some sort of dispute, but being prepared and having documentation will help immensely if it does happen.
Iowa Legal Aid suggests tenants keep all sorts of documentation, including photos, correspondence, leases, dates and times of important events and receipts for the security deposit, rent and return of keys. It is also suggested that tenants have witnesses for anything that could be disputed in the future.
Make sure you pick up certified mail from the post office as soon as possible as it could be an important, time-sensitive notice from your landlord.