what to expect - boys locked out B4 FED filed

[med88]

What is the name of your state? Iowa

My son and his roommate were given notice to move out because they violated the noise rule at their apartment - tough lesson for them but hopefully they will learn from it. They were provided a 3-day notice to vacate. They began looking for a new place however three days really wasn't long enough. On the 4th day, the landlord changed the locks on their apartment and refused to let them in to get their belongings. Since most of what my son had belonged to me (this was his first home away and I loaned him almost all his furnishings) I contacted the landlord and tried unsuccessfully to get the boys in. During the course of the conversation, the boys went from being locked out for noise to being locked out for non-payment of rent. I offered to pay the rent plus late fee if he woudl let them in to get their stuff but the guy refused (this was the 11th of the month). He said he would've negotiated the day before but now it was too late. I asked about the cat and said I was worried it wasn't being fed and he told me they took the cat to the pound.

I read that according to Iowa tenant landlord laws, a landlord cannot prevent you from accessing your "home" without an order from the courts. They must file an FED and the judge must order the eviction. At the time the locks were changed, this had not been done. Yesterday, a week later, my son received the notice of the FED. Last night, the room-mates girlfriend found that the landlord had thrown a lot of their stuff in the dumpster: clothes, cooler, rugs, pillows, shower curtain, sleeping bag, etc etc etc.

We are to be in court on Monday, the 22nd. I've had to buy my son clothes to wear b/c he couldn't get to his. There are some valuable things that are who-knows-where. The police said he could kick in the door and there's nothing the landlord can do except make him pay for damages (I do not advocate that however). The landlord has removed their belongings and I think there is someone living there already.

What can we expect on Monday? I took pictures of their stuff in the dumpster... will we need them?

 

[HomeGuru]

What is the name of your state? Iowa

My son and his roommate were given notice to move out because they violated the noise rule at their apartment - tough lesson for them but hopefully they will learn from it. They were provided a 3-day notice to vacate. They began looking for a new place however three days really wasn't long enough. On the 4th day, the landlord changed the locks on their apartment and refused to let them in to get their belongings. Since most of what my son had belonged to me (this was his first home away and I loaned him almost all his furnishings) I contacted the landlord and tried unsuccessfully to get the boys in. During the course of the conversation, the boys went from being locked out for noise to being locked out for non-payment of rent. I offered to pay the rent plus late fee if he woudl let them in to get their stuff but the guy refused (this was the 11th of the month). He said he would've negotiated the day before but now it was too late. I asked about the cat and said I was worried it wasn't being fed and he told me they took the cat to the pound.

I read that according to Iowa tenant landlord laws, a landlord cannot prevent you from accessing your "home" without an order from the courts. They must file an FED and the judge must order the eviction. At the time the locks were changed, this had not been done. Yesterday, a week later, my son received the notice of the FED. Last night, the room-mates girlfriend found that the landlord had thrown a lot of their stuff in the dumpster: clothes, cooler, rugs, pillows, shower curtain, sleeping bag, etc etc etc.

We are to be in court on Monday, the 22nd. I've had to buy my son clothes to wear b/c he couldn't get to his. There are some valuable things that are who-knows-where. The police said he could kick in the door and there's nothing the landlord can do except make him pay for damages (I do not advocate that however). The landlord has removed their belongings and I think there is someone living there already.

What can we expect on Monday? I took pictures of their stuff in the dumpster... will we need them?

**A: take a copy of the law and the photos and your son and the roommate.

 

[med88]

Thank you - I will take the pics on Monday and of course we will all be there. I will get a copy of law and bring with.

What can we expect... we can show the landlord didn't follow the legal procedure -- what recourse will we have? How do we get the stuff back that is if any of it is still around? And what if it's all gone - how do we get compensated for it? Is there something we need to do or will this get resolved in court on Monday?

Thanks again...

 

[FarmerJ]

Have you checked with your county govt center clerk of the courts to learn if any eviction actions were filed by your sons LL that he might not have told you about ? If answer is yes and there was no court ordered eviction hearing records on file then did anyone file a report with the police dept regarding the illegal lock out and the missing personal property ? Check it out and see if your son has neglected to tell you anything, I know you want to believe him but this way you wont make a fool of your self if you learn that the LL indeed had won a eviction order. Review your state govt web page LL tenant links too and learn if there is a already defined penalty for illegal lockouts by LLs.

 

[Hot Topic]

I don't condone in any way, shape or form what the landlord did, and I hope you win in court.

I do think that your son and his roommate have proven that they aren't mature enough to live on their own yet.

And the story about the police okaying the door being kicked in sounds like a crock.

 

[med88]

Thanks to all for your advice.

Yes - I checked with the clerk of the court and at the time, there was nothing filed against my son. The notice received on the 16th was the first and it was delivered to my house (left in the mailbox).

When I spoke with the police (went to the station, not donever the phone) I was told it was a civil case and they couldn't do anything other than be peace officers if and when we tried to get the landlord to allow access to the apartment/belongings. They didn't indicate I could and/or should file any type of report. When I was told about the belongings being inthe dumpster, I called the police and they went with me to the apartment so that call should be on record.

I agree about the "kicking in the door" but I think the policeman was really saying the landlord didn't have the right to block them from their home and they could "forcibly" enter it (get in however they could...) without having to worry about being arrested.

I have an attorney. I have pictures of the stuff in the dumpster. I wrote a "synopsis" of my conversation with the landlord the day after he changed the locks -- when he refused to let me pay the rent so the boys could get their stuff. I am still in the process of itemizing what the landlord took (all the belongings). I've printed a copy of the Iowa Landlord Tenant Law and the "brochure" from Home, Inc. the landlord said gave him the right to do what he did... I've highlighted where it reads (in bold lettering" the power to evict lies ultimately with the courts and when the eviction date has been set, a sheriff must be present when the landlord removes the property, if the tenant has not yet moved (I don't think the landlord read far enough....).

I think I have everything I might need other than a copy of the lease and the notice the landlord gave my son -- they are (were) in the apartment.

We go to court on Monday... which happens to be my birthday.