Legal Question in Landlord & Tenant Law in Iowa
My brother and I moved into first floor apt in August 2013, which was not at all ready to be rented. nothing had been cleaned or repaired (ie soured refrigerator stinks and taints food and infested w/roaches, sinking bathtub w/rusted holes due to 20yr leak, w/bolts popping out and the occasional sewage back-up that filled tub half full and solidified, flies nest still producing flies from somewhere-?-, dead bug carcasses hanging on ceilings esp. over oven which was never cleaned and smokes more than I do, burners that won't work, etc.
I have reported all this to landlord. An apt across hall has opened, he said we could move into once electric was put in our name, it has been in our name for 3 days and he will not give key or answer calls concerning issue.
Since my tenancy began, many repeated calls for police have been made not concerning us. This neighborhood is full of drug dealers and gangsters on porches selling crack and heroine (neighbor that moved from open apt. had been held hostage by gangsters, raped and beaten over halloween night which was on the news.) Last week, brother and I almost had a fight concerning the stress of this move and our living conditions, I called police to keep peace and avoid letting argument get to heated.
Now landlord questions ALL police calls and accused us of all the other police issues that have been made over past 6 mo. I assured him that only that one call had been made by us, and explained why, but he wonders are we gangster related and responsible for activities that we know nothing about.
I and my brother stay in unit and avoid the bad element living near by, we keep to ourselves. But are currently paying electric in both apts. but have not been given keys to move next door and are still living amidst roaches, stink, and soggy sinking bathtub (no exhaust fan, just big dusty hole where one once was) I believe there is much mold formed under sinking tub, which I am very allergic to and am getting sicker by the day.
Our electric bill gets taken out of our name in this apt today, running nicely on our dime next door in apt we cannot get into until he brings keys.
What am I to do? Rent has been paid for January. He has told me we will have one day to move if he ever gives us keys. but has his phone shut off now and will not respond to my calls. I have no idea why he thinks we would be responsible for all police calls or gangster activities, and to be quite honest we are offended by the assumption. He has not questioned other tenants on the matter, even when kidnap/rape incident produced news reports and many following police calls.
Are we being discriminated against unjustly? How am I to handle this situation fairly? what are our rights in this matter???
1 Answer from Attorneys
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