Legal Question in Landlord & Tenant Law in Iowa

Hello I live in Iowa, I moved into a duplex about three years ago. I asked the landlord for a walk through inspection prior to moving in, however she said that it wasn't necessary and that she knew the carpet was in bad shape and needed replaced. Since then, a new landlord has taken over the properties, and I gave my 30 notice to move out, I was told that I would be paying for all the repairs and cleaning that were to be done out of my damage deposit. Now hindsight 20/20 I know I should have done my own inspection prior to moving in documenting and photographing the carpets. My question is IN IOWA it states (and I copied from the actual law)

b. To restore the dwelling unit to its condition at the

commencement of the tenancy, ordinary wear and tear excepted.

In an action concerning the rental deposit, the burden of proving,

by a preponderance of the evidence, the reason for withholding all or

any portion of the rental deposit shall be on the landlord.

what does the last paragraph mean? Since no walkthrough was done by either landlord or myself is it up to him to prove the conditions of the home prior to my moving in, or is this saying that he must prove he did the repairs on the damage to me?

I didn't damage the carpet, and actually was "promised" that he would have someone come over to replace several times by both landlords. I am not a lawyer so any information would be helpful.

Thankyou


Asked on 3/28/12, 5:09 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

The problem you've got is proof of who said what to whom. I'd demand my deposit back and sue them in small claims court if they refuse. They can't prove that wasn't the agreement. It sounds like they're trying to remodel the place at your expense.

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Answered on 3/28/12, 8:46 pm


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