Legal Question in Landlord & Tenant Law in Iowa

My husband and I moved from a rental property. We gave 30-days notice of our intent to move. When we returned the keys, we included written notice of our new address so our deposit could be sent to us.
We did not receive a refund of our deposit after another 30-days had passed, so we wrote to our former landlord asking for the deposit. They replied with a letter they kept the deposit due to cleaning and repairs they claim needed to be done.
Unfortunately we did not do a walk-through with them when we had moved-out. But we did leave the property in good condition.
From the information I am finding through various sites on-line ... Iowa law states the landlord has to notify of their intent to retain a deposit within 30-days. If they haven't notified the tenant in that length of time, my understanding is they have waived the right to keep the deposit. Am I interpreting this correctly? If so, what would be our next step in attempting to get a refund? Thank you!

Asked on 5/09/14, 4:57 pm

Robert Luedeman solo practitioner

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0 attorneys agreed

Your question is answered by Iowa Code section 562A.12. You would have to bring suit against the landlord in small claims court.

http://coolice.legis.iowa.gov/Cool-ICE/default.asp?Category=billinfo&Service=IowaCode&input=562A#562A.12

Answered on 5/28/14, 7:16 am

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