Should I Take my Landlord to Small Claims

[youngbliss]

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

I had a break in into my apartment and the point of entry was my bathroom window. They got in because the window did not lock and was missing the lock latch so they were just able to slide the window up and enter. I have obtained landlord records that show that i had requested the window be fixed, but that was never done. Dating as far back as may and as early as a few week ago. I talked to the landlord and he's just being a ----- and won't even talk about resolving the issue. Should I take the landlord to court on basis of negligence and be reimbursed for the amount of stolen property, or am i SOL without rentals insurance. Also should I turn him into BBB.

[Cvillecpm]

You take precautions yourself, claim on your renter's insurance and move at the end of your lease.

If you do not have renter's insurance, the judge may well decide that you "self-insured" if you have no proof of what was taken and the value

[youngbliss]

no i don't have rentals insurance. and i have the police report with all the stolen items along with serials for most of them.

[E.Rodriguez]

Originally Posted by youngbliss

no i don't have rentals insurance. and i have the police report with all the stolen items along with serials for most of them.

So take him to small claims. the worst that can happen is you will loose.

[E.Rodriguez]

Originally Posted by youngbliss

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

I had a break in into my apartment and the point of entry was my bathroom window. They got in because the window did not lock and was missing the lock latch so they were just able to slide the window up and enter. I have obtained landlord records that show that i had requested the window be fixed, but that was never done. Dating as far back as may and as early as a few week ago. I talked to the landlord and he's just being a ----- and won't even talk about resolving the issue. Should I take the landlord to court on basis of negligence and be reimbursed for the amount of stolen property, or am i SOL without rentals insurance. Also should I turn him into BBB.

I think I would. Based on the request to have the window fixed.

Funny someone broke into the only window in your place that wasnt lockable... What kind of appartment is this?

[Zigner]

Originally Posted by E.Rodriguez

I think I would. Based on the request to have the window fixed.

Funny someone broke into the only window in your place that wasnt lockable... What kind of appartment is this?

Tenant knew, for MANY months, about the window. It takes 50¢ to make a piece of wood that will hold the window shut.

[E.Rodriguez]

Originally Posted by Zigner

Tenant knew, for MANY months, about the window. It takes 50¢ to make a piece of wood that will hold the window shut.

Touché


And its true. lol

[BL]

So ,did you as a tenant utilize any of your rights ?

Did you call code enforcement ?

A temporary fix most likely would have been a piece of wood or something strong and sturdy so the window could not be opened from the outside .

[url=http://lawdigest.uslegal.com/landlord-tenant/summary-of-residential-landlord-tenant-law/1556/]Iowa Residential Landlord and Tenant Law Law Summary and Law Digest[/url]

Typical duties of the landlord.

A Landlord is obligated to supply possession of the premises as agreed in the lease. The premises must meet minimum standards of habitability including compliance with applicable building codes. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. A Landlord is obligated to keep the premises in repair, to the same standard as existed when the tenant initially leased the premises. Damages caused by the tenant, however, will be repaired only at tenant's expense.

Typical tenant remedies for breach by landlord.

If landlord breaches his obligations to maintain the premises, tenant normally has several options. First, tenant must usually give landlord a written notice with a deadline in which to repair the problem, the deadline being prescribed by law and varying from shorter to longer depending on the severity and impact of the problem. If landlord fails to act, tenant may either terminate the lease, have the damages repaired by outside contractors or by tenant himself and deduct the cost of repairs from the next month's rent, or withhold rent until landlord repairs the damage. If a landlord fails to provide possession of the premises, tenant may find other lodgings and sue the landlord for the difference in monthly cost, providing tenant mitigates damages. If a landlord wrongfully evicts tenant, the tenant's option is normally to fight the eviction in court and sue landlord for damages.

[youngbliss]

i did some research of mine and Iowa law goes on the 51% rule of contributory negligence. so i can collect damages as long as I am not over 50 at fault. with the information provided who is more at fault me for not fixing the problem myself or the LL for ignoring requests to have it fixed.

[debtcollector`]

Originally Posted by youngbliss

i did some research of mine and Iowa law goes on the 51% rule of contributory negligence. so i can collect damages as long as I am not over 50 at fault. with the information provided who is more at fault me for not fixing the problem myself or the LL for ignoring requests to have it fixed.

Who lived there?
Who is at fault?
Same answer to both questions.

DC

[youngbliss]

so I am at fault for not fixing a problem that was my LL responsibility. that just don't sound right.

[Baranov]

What would be 50% of the total DEPRECIATED value of the items stolen? Does the LL have documentation of having requested that you obtain renters insurance.

[Zigner]

Originally Posted by youngbliss

so I am at fault for not fixing a problem that was my LL responsibility. that just don't sound right.

If a car is coming at you at 50mph while you stand on the sidewalk, do you just stand there, or do you move out of the way? If you move out of the way...why? I mean - it's the DRIVER'S responsibility not to hit you.

You are expected to mitigate.

[BL]

Originally Posted by youngbliss

so I am at fault for not fixing a problem that was my LL responsibility. that just don't sound right.

Well I can see it go either way .

The court may look at it as the Landlord should know his business and duties , and give the tenant the benefit of ignorance of the laws and their rights , but you waited MONTHS to even look into your rights or remedies .

[Zigner]

The other problem you have is showing that the bad guy wouldn't have broken in if the window was locked...