Iowa Supreme Court building.
The Iowa Supreme Court has overturned lower court ruling that put restrictions on a landlord’s ability to show a building to prospective buyers. Alta Vista properties wished to sell a building in Waverly that included Doctor Richard Mauer of Mauer Vision Center as a tenant.
Mauer refused to let Alta Vista show the building to prospective buyers, citing a provision of the lease that only allows “For Rent” and “For Sale” signs on the property in the last 90 days of the lease. He said that provision also prevented the landlord from showing the property until that 90-day period.
The district court and Iowa Court of Appeals ruled in Mauer’s favor. The Iowa Supreme Court says the restriction only allowing signs in the last 90 days of the lease protects Mauer’s business from having people randomly showing up to try and look at the building. But the court ruled it is not a broad ban on Alta Vista’s ability to show the building at other times.
The court says such a restriction would place an undue burden on the company’s ability to sell its property. It overturned the lower court rulings.
Full ruling: Lease dispute PDF
