Legal Question in Landlord & Tenant Law in Iowa

Basically I have had a bad landlord for a rental home. Upon moving into the home I asked about a smell if it was mold and asked to vacate my lease because mold could harm my children. I was told this wasn't mold and it was fine. I lived in the home for 15 months. It came to my attention when a little girl staying the night with my daughters stopped breathing in the middle of the night (she had asthma). I had a friend go look in the basement and found mold growing all over, within the walls, near the vents, etc. Rain water came into the house and through the walls. I immediately called the landlord. I noticed myself having common symptoms for toxic mold as well.
The landlord lied to me and told me he called the health department, likely so I wouldn't because he likely didn't want the mold tested. I took pictures of everything even the truck with mold piled up in pieces of the ceiling. Also took pictures as the work in progress was being done on the basement as I was moving out.
The landlord has now withheld me deposit and missed the 30 day notice allowed by the Iowa code. I have a notice telling me when to be out and the postmarked certified letter from the landlord missing that timeline.
The landlord wants to keep my deposit and a few thousand more. Some of which is for ridiculous stuff, but most of it for remediation of the mold which tore out the entire basement and rebuilt it. The landlord also likely got an insurance claim on this.
Is this worth pursuing against the landlord? I am having breathing problems that I have never had before I do not smoke and have been in incredible health most of my life but i am more worried about my kids than myself. Obviously the missing of the 30 days should be a pretty clear case but he could then turn and sue me for the damages. Can a horrible constructed home liability fall onto a tenant?
Thank you for your time.

Asked on 10/18/11, 9:03 pm

Robert Luedeman solo practitioner

0 users found helpful

0 attorneys agreed

I suggest you contact the Legal Aid Society and see what can be done.

Answered on 10/20/11, 7:54 am

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