Legal Question in Landlord & Tenant Law in Iowa
I rented a condo and signed a twelve month lease. When I signed I gave him a check for the first and the last month. One day later I realized I might have written on a closed account. I notified him immediately and asked if he could verify what the account number was on the check since I have two accounts. He couldn't for he already deposited it. I told him to keep an eye out and if I made a mistake I would take care of it. Three days later he notified me that the check was written on a closed account. I told him I would be back two days later and would give him cash. That friday he and I were to meet at a certain time that I couldn't make. I offered to go to his bank and deposit the money into his acct and he said" no bring it to my house and put it in the door". I told him that I would put an electronic cashiers check authorization form for the amount owed and one to authorize a withdrawal from my acct each month on the same day. That friday I delivered papers to his house as he requested. Sunday came and he knocked on my door and when I opened the door he barged in yelling profanities and threats. I told him what was to be delivered was and if its not there then him and I could go to bank first thing in a.m. He then called cops and I was arrested for writing a check on a closed account. I wa4 never given the opprtunity to provide my own evidence. The police also went into my place without consent and claim to have found pot. They then assked for consent and I refused. Can you tell me if I can sue for wrongful arrest and what r my options to fight charges? What can I do about getting my things out of the property since I have been told by chief of police and county atty that I can but can't get in the door since its locked and the owner won't return my calls?
1 Answer from Attorneys
Sounds like you have a lot of problems. You need to start with a competent attorney to represent you on the check charges. Then, you can approach the matter of the landlord distraining your property. Lastly, the attorney you hire can move to suppress the evidence obtained in the search. Your chances of prevailing on these separate matters are for the courts to decide.
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