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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 28418
Experience:  Attorney
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Specific question landlord law... In regards to lead paint

Customer Question

Specific question for Iowa landlord law... In regards ***** ***** paint removal in a rented rental house, does the tenant still have to pay the landlord the monthly rent while the removal process is going on, or is the rent suspended until such time the lead paint hazard is resolved? In Illinois I know at least several years ago the tenants could legally withhold the rent until the lead paint was removed. Thank you.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

If the landlord is paying for the tenant to stay elsewhere, then the tenant still has to pay rent, because the landlord is still giving them a place to live. If tenants are staying with friends/family or paying for their own alternate lodging, they would get a pro-rated rent rebate for each day they weren't able to stay in the house. And if they're actually living in the house while the lead is being removed, they're entitled to a partial refund on daily rent based on how much of the property is unfit for human habitation. Like, if it's just one room, they'd get a percentage based on that room's percentage of the total house's square footage.

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