Legal Question in Landlord & Tenant Law in Iowa

I am a resident of Iowa and had issues with my previous landlord. There are two issues and I am wondering if I should take them to court. First issue is my deposit or the letter containing reasons for withholding was not postmarked within 30. The Iowa code states the following.
"A landlord who fails to provide a written statement within thirty days of termination of the tenancy and receipt of the tenant's mailing address or delivery instructions shall forfeit all rights to withhold any portion of the rental deposit. If no mailing address or instructions are provided to the landlord within one year from the termination of the tenancy the rental deposit shall revert to the landlord and the tenant will be deemed to have forfeited all rights to the rental deposit. " (Iowa Code 562A.12).
When I did receive the letter, I am being blamed for mold in the home and wants a large sum of money for repairs. There was never a mold inspection prior to my moving in, i did comment about the smell in the basement and was told it was fine. The mold happened from water due to rain and horrible construction in the home. It appeared to come into the walls and the ceiling and I became aware of it when it was displaying on the carpet after getting back from a work business trip. I also had a little girl with asthma stop breathing in the middle of the night.
Questions are.
1. Does the letter sent to me even matter because I have proof that the 30 day timeline was missed and my deposit should be returned?
2. Does the landlord have a case against me for this?

Asked on 10/04/11, 8:31 pm

Robert Luedeman solo practitioner

0 users found helpful

0 attorneys agreed

Sue and be sued is the only advice I can give you. It's a matter of who can prove what.

Answered on 10/05/11, 12:23 pm

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