Landlord Problems

[wolfmama]

I live in a 2-story house in Iowa that has been divided up into 2 apartments. I live on the top floor. I signed my first lease in June of '99. The landlord was having some painting done and new carpet laid. I started moving in when I was told they were finished, they were not. I told the landlord, I did not want anyone in my apt. when I was not present. He continously let these people in, they not only got into my fridge and drank my soda, but they went through my boxes. When I confronted the landlord, he just smiled at me and changed the subject. He then had the outside of the house painted. The windows that were open at the time are now painted open & the windows that were shut are now painted shut. He again let people in my apt for this. The toilet would not flush without plunging it for more than a year. I finally called a plumber and paid for it myself. The tub drain leaks into the apt below me. I told him I had a dog before I signed anything and he was fine with that. Now that he has put the house up for sale, he says she is not allowed. Three tenants before me all had dogs. I informed him I will be attending school for 12 weeks in the future and wanted no one in my apt. without someone present. I gave him the name and number of a friend to call if he needed in the apt. I was doing some paperwork at my desk and my dog started barking loudly down the steps. When I looked the landlord was in my apt. He was half way up the stairs. He did not even knock. He was visibly upset that I was there. He then stated that a realtor would be here in 5 minutes to look at the apt. I told him he needed to give me at least 24 hours notice, and he said "No, I told you I was gonna sell the house." He then stated that he had been trying to call me all morning and the night before. My phone never rang and I have caller id. I would not let him in and he got upset and threatened to call the cops and have me put out right then and there. My lease is not up until May '01 and my rent has always been paid on time and in full. I have a very large and expensive collection in my apt and I do not trust him or others he might let in. Can I change the locks? What can I do to keep him out if I am not here?

 

[ToddM]

I hear what you mean about the landlord 'just' coming in whenever he wants...
I am from Wisconsin and it is against the law for your landlord to enter your house without 24 hours notices....
I am not sure if you have a Better Business Beara in your area but I would get on the phone with them...

There is a thing called the Landlord/Tenant rights, which basically tell you what you can do and what the landlord can do....
You said that the toilet had problems.... If you told the landlord this and he did not fix the problem, in Wisconsin you can tell the landlord you are hiring a plumber at his expense..... He will usually come over and fix it....

I have a website that I need to update, but soon it will have some really good websites to look at....
Take a look at it right now.... Http://How.to/nwtr

Under information you will start seeing some good sites to look at....

I hope this helps!

 

[Tracey]

Here's the Iowa residential landlord tenant act: http://web.legis.state.ia.us/IACODE/1999SUPPLEMENT/562A/index.html


You CANNOT change the locks without court permission, which you won't get. Sue L for breach of the lease. Here are your causes of action.

1. Failure to maintain premises: Under 562A.15, L has a duty to maintain the plumbing. L also has a duty to maintain the windows in working order, i.e., able to open & close at will! There's probably a building code that requires windows to work - call the building inspector & ask. You can use a repair & deduct remedy with respect to the plumbing. You can repair & deduct for the windows only if the building inspector decides that non-working windows are a danger to you health or safety (think escaping from a fire or keeping warm in winter). More about how to do this below.

2. Abuse of access: Under 562A.19, L has to give you 24 hours notice unless there is an emergency or it is "impractical" to do so. You may not unreasonably withhold access for purposes of making repairs or showing the house to prospective buyers. I believe that requiring L to wait until you can be present is reasonable IF you are willing to make yourself (or a friend) available on a regular basis.

Under 562A.35(2), you are entitled to actual damages + attorney fees or 1 month's rent + attorney fees, whichever is greater. Your actual dmages includes the value of the pop the workers, who were L's agents, stole.

3. Retaliatory conduct: L gave you permission to have the dog. He is trying to revoke that permission & threatening to evict you for having the dog so it will be easier for him to abuse his right of access without your kowledge.

I don't know if this argument will fly, as Iowa law [562A.36] defines retaliatory conduct as L's response to a complaint to the building inspectors or a complaint to L for failure to maintain the premises. Abuse of access is not mentioned. You've already fixed the plumbing, but you might have a claim of retaliation based on your complaint regarding the windows, if they qualify as a material danger to your health & safety.


You can obtain an injunction requiring L to fix everything & stop entering your apartment. You could terminate the lease, but since you want to stay, you'll have to sue for damages & an injunction. [562A.21] Send L written notice (certified, return receipt) detailing every violation & demanding that L fix it.

You deduct the costs of hiring a plumber yourself from the rent. [562A.23] Attach a copy of the receipt. You can also demand L fix the windows. You'll have to give L 7 days to fix them & tell him you're going hire a painter to repair the windows & deduct the costs if he doesn't comply.

You also have the option of not paying the portion of the rent that represents having working windows. When L sues you, you file a counterclaim for that amount. From then on, you pay your rent to the court & the court decides how much L gets. [562A.24]


Finally, buy renter's insurance & be prepared to file trespassing charges against L if he shows up unannounced & refuses to leave again. Call the cops at the drop of a hat.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 07, 2000).]

 

[loudrich]

Also remember your lease is your lease......you have a legal right to live there until it ends no matter who owns the property.

If they want you out tell them to pay YOU, for deposits moving expenses lost work days...maybe a couple of thousand and you will leave.

You have a Legal right to attend the closing to make sure the new owner gets your securtiy deposity from your landlord, and to acknowledge the lease terms,

And get renters insurance TODAY....call Travellers Insurance I have $40,000 contents and $100,000 liability for $228 a year in new York City.

Take lots of pictures of your stuff to verify if anything is stolen, and maybe rent a safe deposit box to put the pictures in a safe place with your lease of course,

Also its Illegal to have windows painted shut, call the Fire dept that is a FIRE HAZARD and see if they can demand the LL fix it.

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wolfmama:
I live in a 2-story house in Iowa that has been divided up into 2 apartments. I live on the top floor. I signed my first lease in June of '99. The landlord was having some painting done and new carpet laid. I started moving in when I was told they were finished, they were not. I told the landlord, I did not want anyone in my apt. when I was not present. He continously let these people in, they not only got into my fridge and drank my soda, but they went through my boxes. When I confronted the landlord, he just smiled at me and changed the subject. He then had the outside of the house painted. The windows that were open at the time are now painted open & the windows that were shut are now painted shut. He again let people in my apt for this. The toilet would not flush without plunging it for more than a year. I finally called a plumber and paid for it myself. The tub drain leaks into the apt below me. I told him I had a dog before I signed anything and he was fine with that. Now that he has put the house up for sale, he says she is not allowed. Three tenants before me all had dogs. I informed him I will be attending school for 12 weeks in the future and wanted no one in my apt. without someone present. I gave him the name and number of a friend to call if he needed in the apt. I was doing some paperwork at my desk and my dog started barking loudly down the steps. When I looked the landlord was in my apt. He was half way up the stairs. He did not even knock. He was visibly upset that I was there. He then stated that a realtor would be here in 5 minutes to look at the apt. I told him he needed to give me at least 24 hours notice, and he said "No, I told you I was gonna sell the house." He then stated that he had been trying to call me all morning and the night before. My phone never rang and I have caller id. I would not let him in and he got upset and threatened to call the cops and have me put out right then and there. My lease is not up until May '01 and my rent has always been paid on time and in full. I have a very large and expensive collection in my apt and I do not trust him or others he might let in. Can I change the locks? What can I do to keep him out if I am not here? <HR></BLOCKQUOTE>