CHAPTER 562
OWNER-LESSOR AND TENANT-LESSEE

 
Landlord’s lien, chapter 570
Eviction or distress for rent during military

service; termination of leases; §29A.101

  
     
562.1  Apportionment of rent.
  The executor of a tenant for life who leases real estate so held, and dies on or before the day on which the rent is payable, and a person entitled to rent dependent on the life of another may recover the proportion of rent which had accrued at the time of the death of such life tenant.
[C51, §1267; R60, §2299; C73, §2011; C97, §2988; C24, 27, 31, 35, 39, §10156; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §562.1]

     
562.1A  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Animal feeding operation” means the same as defined in section 459.102.
  2.  “Farm tenancy” means a leasehold interest in land held by a person who produces crops or provides for the care and feeding of livestock on the land, including by grazing or supplying feed to the livestock.
  3.  “Livestock” means the same as defined in section 717.1.
2006 Acts, ch 1077, §1; 2013 Acts, ch 44, §1
Referred to in §422.7(14)(f)

     
562.2  Double rental value — liability.
  A tenant serving notice of intention to quit leased premises at a time named, and holding over after the time, and a tenant or the tenant’s assignee willfully holding over after the term, and after notice to quit, shall pay double the rental value of the leased premises during the time the tenant holds over to the person entitled to the rent.
[C51, §1268; R60, §2300; C73, §2012; C97, §2989; C24, 27, 31, 35, 39, §10157; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §562.2]
83 Acts, ch 132, §1

     
562.3  Attornment to stranger.
  The payment of rent, or delivery of possession of leased premises, to one not the lessor, is void, and shall not affect the rights of such lessor, unless made with the lessor’s consent, or in pursuance of a judgment or decree of court or judicial sale to which the lessor was a party.
[C51, §1269; R60, §2301; C73, §2013; C97, §2990; C24, 27, 31, 35, 39, §10158; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §562.3]

     
562.4  Tenant at will — notice to terminate.
  A person in the possession of real estate, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown, and thirty days’ notice in writing must be served upon either party or a successor of the party before termination of the tenancy. However, if a rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than the interval.
[C51, §1208, 1209; R60, §2216, 2218; C73, §2014, 2015; C97, §2991; C24, 27, 31, 35, 39, §10159; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §562.4]
83 Acts, ch 132, §2
Referred to in §562.9
Three-day forcible entry notice, §648.3 and 648.4 

     
562.5  Termination of farm tenancies.
  In the case of a farm tenancy, the notice must fix the termination of the farm tenancy to take place on the first day of March, except in cases of a mere cropper, whose farm tenancy shall terminate when the crop is harvested. However, if the crop is corn, the termination shall not be later than the first day of December, unless otherwise agreed upon.
[R60, §2218; C73, §2015; C97, §2991; C24, 27, 31, 35, 39, §10160; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §562.5]
2006 Acts, ch 1077, §2
Forcible entry provisions, §648.3 and 648.4 

     
562.5A  Farm tenancy — right to take part of a harvested crop’s aboveground plant.
  Unless otherwise agreed to in writing by a lessor and farm tenant, a farm tenant may take any part of the aboveground part of a plant associated with a crop, at the time of harvest or after the harvest, until the farm tenancy terminates as provided in this chapter.
2010 Acts, ch 1027, §1

  
     
562.6  Agreement for termination.
  If a written agreement is made fixing the time of the termination of a tenancy, the tenancy shall terminate at the time agreed upon, without notice. Except for a farm tenant who is a mere cropper or a person who holds a farm tenancy with an acreage of less than forty acres where an animal feeding operation is the primary use of the acreage, a farm tenancy shall continue beyond the agreed term for the following crop year and otherwise upon the same terms and conditions as the original lease unless written notice for termination is served upon either party or a successor of the party in the manner provided in section 562.7, whereupon the farm tenancy shall terminate March 1 following. However, the tenancy shall not continue because of an absence of notice if there is default in the performance of the existing rental agreement.
[R60, §2218; C73, §2015; C97, §2991; C24, 27, 31, 35, 39, §10161; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §562.6]
83 Acts, ch 132, §3; 2006 Acts, ch 1077, §3; 2013 Acts, ch 44, §2; 2016 Acts, ch 1089, §1
Referred to in §562.8
Forcible entry provisions, §648.3 and 648.4 

  
     
562.7  Notice — how and when served.
  Written notice shall be served upon either party or a successor of the party by using one of the following methods:
  1.  By delivery of the notice, on or before September 1, with acceptance of service to be signed by the party to the lease or a successor of the party, receiving the notice.
  2.  By serving the notice, on or before September 1, personally, or if personal service has been tried and cannot be achieved, by publication, on the same conditions, and in the same manner as is provided for the service of original notices, except that when the notice is served by publication no affidavit is required. Service by publication is completed on the day of the last publication.
  3.  By mailing the notice before September 1 by certified mail. Notice served by certified mail is made and completed when the notice is enclosed in a sealed envelope, with the proper postage on the envelope, addressed to the party or a successor of the party at the last known mailing address and deposited in a mail receptacle provided by the United States postal service.
[C73, §2016; C97, §2991; C24, 27, 31, 35, 39, §10162; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §562.7]
83 Acts, ch 132, §4
Referred to in §562.6, 562.8
Forcible entry provisions, §648.3 and 648.4 
Original notice, 
R.C.P. 1.302 – 1.315

     
562.8  Termination of life estate — farm tenancy.
  Upon the termination of a life estate, a farm tenancy granted by the life tenant shall continue until the following March 1 except that if the life estate terminates between September 1 and the following March 1 inclusively, then the farm tenancy shall continue for that year as provided by section 562.6 and continue until the holder of the successor interest serves notice of termination of the interest in the manner provided by section 562.7. However, if the lease is binding upon the holder of the successor interest by the provision of a trust or by specific commitment of the holder of the successor interest, the lease shall terminate as provided by that provision or commitment. This section does not abrogate the common law doctrine of emblements.
[C79, 81, §562.8]
83 Acts, ch 132, §5
Referred to in §562.10

     
562.9  Termination of life estate — nonfarm tenancy.
  Upon the termination of a life estate, a tenancy granted by the life tenant which is not a farm tenancy shall continue until one of the following first occurs:
  1.  The date previously agreed upon for termination of the tenancy without notice.
  2.  If the tenant is a tenant at will, upon the expiration of the period provided by section 562.4.
  3.  If the tenancy is for less than one year, sixty days after the end of the month in which the life estate terminated.
  4.  If the tenancy is for a year or more, one year after the end of the month in which the life estate terminated. However, if the lease is binding upon the holder of the successor interest by the provision of a trust or by specific commitment of the holder of the successor interest, the lease shall terminate as provided by that provision or commitment.
[C79, 81, §562.9]
Referred to in §562.10

     
562.10  Rental value.
  The holder of the interest succeeding a life estate who is required by section 562.8 or 562.9 to continue a tenancy shall be entitled to a rental amount equal to the prevailing fair market rental amount in the area. If the parties cannot agree on a rental amount, either party may petition the district court for a declaratory judgment setting the rental amount. The costs of the action shall be divided equally between the parties.
[C79, 81, §562.10]