Legal Question in Real Estate Law in Iowa

What are my rights in getting back my deposit?

I recently moved out of an apartment my boyfriend and I had been living in. We gave 6 weeks notice and then sent a follow-up letter about 3 weeks before we moved out giving our forwarding address and other details about the apartment. We moved out at the end of August and never heard anything from the landlord. My boyfriend finally called the landlord last week to find out where our deposit was and she said that she was withholding money for cleaning and removing some things and etc, etc, etc. I have done a little research in the Iowa Code and found a section and landlord/tenent relationships. In that section-(I'm sorry I don't have the exact number)-it states that the landlord must provide a written statement of the withholdings within thirty days of the vacancy of the residence and receipt of forwarding address. My question is this: If we took our landlord to small claims court, what would be our chances of winning? If I read the law right, they are blatantly at fault. Also, they have LOTS and LOTS of money--should we get a lawyer?

Thank you for your time!!


Asked on 10/19/97, 9:29 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Failure to Provide Notice of Return of Security Deposit

I suggest you review the statute in detail. Itmay provide a penalty provision for failureto provide notice within thirty days. In Pennslyvania where I practice a landlord can be forced to pay double the security deposit for failure to give notice of deductions from the security deposit. Of course any legimate deductions can be made from the penalty imposed. I suggest you consult with legal counsel or reread and obtain a copy of the statute. I suggest sue in small claims but have a copy of the statute for the judge to review.

Read more
Answered on 10/20/97, 9:33 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Iowa