Landlord won't return security deposit

[hewdino]

What is the name of your state (only U.S. law)? Iowa

My wife and I moved out of our rental house and our lease ended 32 days ago. Our landlord had told us when we moved in that she could not put the water, sewage, and gas in our names, so it says in our lease that we will pay the bills when presented. We lived in the house for 15 months and never once recieved a bill. Now, she just threw out an estimate of what we owe her. We told her we would like to see copies of all the bills before we pay anything and she made a big deal about it, but we know for a fact that some of the bills have been paid late and we want a record to show what we have paid.

1.) How long does she have to present us with a bill after our lease is up?
2.) How long does she have to return a security deposit in Iowa?
3.) Can she just keep holding our security deposit because we haven't paid the bills that she never presented to us? I mean if she has 30 days (not sure of how long but i am assuming 30 days) to return it to us, shouldn't she have to return our deposit and then when we are presented the bills we will pay them?

 

[Banned_Princess]

Well I dont know the answers to your specific questions, but it seems to me you may want to tell her to provide the bills and accounting of the money paid to them from the provider of the service for the period you actually lived in the home, (ALL of them) or you will take it up in your local civil court, and a judge will decide, and there you will be asking for all court associated fees including your lawyers fee in the judgment for your security deposit.

Not a slam dunk, but close.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Iowa

My wife and I moved out of our rental house and our lease ended 32 days ago. Our landlord had told us when we moved in that she could not put the water, sewage, and gas in our names, so it says in our lease that we will pay the bills when presented. We lived in the house for 15 months and never once recieved a bill. Now, she just threw out an estimate of what we owe her. We told her we would like to see copies of all the bills before we pay anything and she made a big deal about it, but we know for a fact that some of the bills have been paid late and we want a record to show what we have paid.

1.) How long does she have to present us with a bill after our lease is up?
2.) How long does she have to return a security deposit in Iowa?
3.) Can she just keep holding our security deposit because we haven't paid the bills that she never presented to us? I mean if she has 30 days (not sure of how long but i am assuming 30 days) to return it to us, shouldn't she have to return our deposit and then when we are presented the bills we will pay them?

Iowa code 562A.12 states that LLs have 30 days from the date their tenant vacates the property to return their security deposit or provide an itemized list of deductions from that deposit. If they fail to provide that accounting within the required timeframe, they forfeit the right to any portion of the security deposit.

If you take them to court, and its found that the LL improperly withheld your security deposit or made inappropriate deductions, then the LL can also be penalized an additional $200 for their bad faith actions.

If the LL doesn't give you a copy of the bills you're supposed to have paid, then you cannot be held responsible for their payment, timely or otherwise. She doesn't need to estimate the total, she already knows what it is because she receives the bills.

Go ahead and file a claim in Small Claims to recover your full deposit and ask for the additional $200 due for LLs bad faith actions in withholding your security deposit AND the bills that would have substantiated her claim to any portion of it. Let the LL explain to the judge why she refuses to provide documentation for her otherwise valid deductions.