Legal Question in Landlord & Tenant Law in Iowa

My landlord signed a lease with us in Aug, not telling us the property was in foreclosure status since May (He had already been served on the foreclosure). He has since filed bankruptcy. I am not sure if he listed our rental income to the trustee, but we have not been contacted by anyone but our landlord. The sheriff sale was originally scheduled for Oct but cancelled for now because of his bankruptcy. In October, we called him and advised to use our security deposit as October's rent, and that we'd not be paying anymore since the bank was prepared to purchase it. He was okay with this and did not contact us again until yesterday 2/13/11. We also have not received any notice, for anything, from anyone at all. He is now trying to collect backed rent, but I don't want to pay if the trustee or the bank will also come after me for the same rent. We have been setting aside all the rent we normally would be paying. Who should I be paying money to? Should I contact the trustee? Do I need to get my own attourney? Should I wait to receive a notice from the trustee? Do I run the risk of an eviction on my record? I am willing to pay, but not sure how to protect myself. Please help!


Asked on 2/14/11, 11:06 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Yes, contact the trustee immediately before you give the landlord any money. Since the ownership of the property is in dispute you should have been putting the money earmarked for rent into a special bank account. It belongs to somebody, not you.

Yes. Get an attorney.

Yes. You could be evicted by whomever ends up buying the property.

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Answered on 2/15/11, 6:18 am


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