EVICTED. or landlord stole my stuff.

[CarlJay89]

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

Hello, on the 30th of last month I was $850 behind on rent or 1.5 months rent. I notified my rental company that I had been laid off from my job, and I was starting a new one. I told them I would have a payment for them today (June 30th). After May's rent was applied I was a little over $1200 behind on rent. (My roommate had jumped state without telling me, and he owed $550 of the original $850). Today I paid $700 on that $1200 balance. I had been in contact with my rental company throughout this month, and on one occasion I specifically asked if I was on a 30 day notice. I was no longer living in the unit, and had moved back home to work my new job. The reply they gave me was that they did not have that information on hand, and I assumed if they did not have the information then it probably wasn't.

Today I brought a truck and trailer up to my apartment to remove the remaining items from the unit which was mostly furniture and dishes. I unlocked the door and inside it looked like someone had robbed me. Everything valuable was gone and the remaining items were thrown about. The only furniture that was left was an end table and my dresser. My dishes were still there, but around $2500 worth of furniture was missing. I called the local PD, and realized there was a notice on my door dated June 12th. The following is the important paragraphs from the notice.

You are to remit past due balance in full on or within three days (Excluding date of service, Saturday, Sunday, and legal holidays, and not fewer than three days) of receipt of this notice, pursuant to applicable state law.

In the event you fail to bring your rent payments current, we shall immediately take legal action to evict you and to recover rents and damages for the unlawful detention of said premises together with such future rents as may be due us for breach of your tenancy agreement.

The local PD told me that they did not think this eviction was lawful, but that it was a civil matter and I needed to contact an attorney. Is a three day notice for eviction lawful? If it was an eviction why was only the valuable items taken? Today is a Saturday so I am unable to contact my rental agency or the county sheriff to determine what happened exactly. The PD said it looked like an eviction because the door was dead bolt locked when arrived, and not broken into. How should I proceed? Any information would be helpful! Thank you!

 

[Gail in Georgia]

The steps to evicting someone in Iowa.

http://rhol.org/csu/evictions/Iowa/IowaSteps.htm

What you found on the door of your former residence was "Pay or Quit" notice, giving you three days to address the issue of owed rent. Management does not have to give you a 30 day notice.

It would appear that because the issue was not remedied in this time period, management went ahead, filed for the eviction, it was granted by the court and the eviction took place.

However, you can check with the court on Monday to determine this.

Gail

 

[CarlJay89]

The steps to evicting someone in Iowa.

http://rhol.org/csu/evictions/Iowa/IowaSteps.htm

What you found on the door of your former residence was "Pay or Quit" notice, giving you three days to address the issue of owed rent. Management does not have to give you a 30 day notice.

It would appear that because the issue was not remedied in this time period, management went ahead, filed for the eviction, it was granted by the court and the eviction took place.

However, you can check with the court on Monday to determine this.

Gail

Thank you for the information, that clears things up a little bit. You did not exactly answer my other questions though. Why were only my valuable items removed from the residence? Why was my dresser, dishes, clothing items, an end table, and everything in my kitchen cabinets left behind? Why did my landlord intentionally not inform me of the impending eviction when I had specifically asked about it during the several phone calls between us?

 

[justalayman]

how long was anybody actually not living in the apartment?

I was no longer living in the unit, and had moved back home to work my new job

562A.29 Remedies for absence, nonuse and abandonment.

1. If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence as provided in section 562A.20, and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

2. During an absence of the tenant in excess of fourteen days, the landlord may enter the dwelling unit at times reasonably necessary.

3. If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is deemed to be terminated as of the date the new tenancy begins. The rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment, if the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender. If the tenancy is from month-to-month, or week-to-week, the term of the rental agreement for this purpose shall be deemed to be a month or a week, as the case may be.

I suspect he will claim you abandoned the unit. He does not have to evict you if that was the case.

as to the property: you need to ask the landlord where it is.

 

[CarlJay89]

how long was anybody actually not living in the apartment?


I suspect he will claim you abandoned the unit. He does not have to evict you if that was the case.

Damn, you really rained on my parade with that one. I was absent from the residence for about three weeks. I had informed my landlord that I would be absent though. Why would he not inform me of the eviction when I specifically asked though? If I had known this was to occur I would have sought a possible loan from a family member or even gone to my church for help. The RC seemed willing to work with me seeing as how I had acquired a new job. What should my next step be?


As to the location of the property, my neighbor informed me that my couch had been tossed to the curb, the rest of the items were not seen by her, but were also much more valuable i.e. $1000 bed, $500 recliner

I also really appreciate the help of those who posted above, lesson learned.

 

[justalayman]

If you have given him notice, I suspect his actions may not be totally proper but I also suspect, especially given the 3 day notice, that you will have to pay all past due rent if you want to fight it.

Of course if nobody remembers you calling, unless you have proof, it becomes your word against theirs and honestly, if I had a tenant that owed me a chunk of money and had been out of the unit for 3 weeks, I to would be figuring it was abandoned. I suspect they won't have any problem convincing a judge it was abandoned.

What should my next step be?

call the LL Monday.

beyond that, you were moving out, right?

 

[CarlJay89]

If you have given him notice, I suspect his actions may not be totally proper but I also suspect, especially given the 3 day notice, that you will have to pay all past due rent if you want to fight it.

Of course if nobody remembers you calling, unless you have proof, it becomes your word against theirs and honestly, if I had a tenant that owed me a chunk of money and had been out of the unit for 3 weeks, I to would be figuring it was abandoned. I suspect they won't have any problem convincing a judge it was abandoned.


call the LL Monday.

beyond that, you were moving out, right?

Well I really appreciate the information, I didn't know most of this going into the lease. I will keep this in mind for future reference. I do understand that I was in the wrong, but given the circumstances and the apparent willingness of the RC to cooperate with my late payments I assumed this wasn't going to end up this way. If your still on the page I have a final question.

How will court proceedings go? Knowing this information I plan on making a final payment to clear the balance by payday Friday. I assume the RC will try to seek additional charges for what have you. Will only go after me in court? Or will they also try to go after the primary lease holder who bailed on me in April? How will these proceedings go, and what should I be prepared to offer the court. Again thank you very much for the information.

 

[justalayman]

I do understand that I was in the wrong, but given the circumstances and the apparent willingness of the RC to cooperate with my late payments I assumed this wasn't going to end up this way.

It actually sounds like you did what you were supposed to do with the exception of paying the rent. In the future, anytime you communicate with the landlord, document it in a log. If it wasn't in writing, you should follow up with a letter or email.

How will court proceedings go? Knowing this information I plan on making a final payment to clear the balance by payday Friday. I assume the RC will try to seek additional charges for what have you. Will only go after me in court? Or will they also try to go after the primary lease holder who bailed on me in April? How will these proceedings go, and what should I be prepared to offer the court. Again thank you very much for the information.

It's hard to say. The LL may have not actually filed anything. It sounds like you are trying to take care of things so hopefully he hasn't and will work things out with you rather that running this through court. Having an eviction (an actual judgment from the courts) will end up on your credit report and can have negative effects on attempting to rent in the future.

Or will they also try to go after the primary lease holder who bailed on me in April?

Ok, let's back up a bit.

Were you a lessee? in other words, did you sign the lease along with the other guy that bailed? Whether you did or didn't will make a huge difference in what you can be held liable for.

 

[CarlJay89]

It actually sounds like you did what you were supposed to do with the exception of paying the rent. In the future, anytime you communicate with the landlord, document it in a log. If it wasn't in writing, you should follow up with a letter or email.





It's hard to say. The LL may have not actually filed anything. It sounds like you are trying to take care of things so hopefully he hasn't and will work things out with you rather that running this through court. Having an eviction (an actual judgment from the courts) will end up on your credit report and can have negative effects on attempting to rent in the future.




Ok, let's back up a bit.

Were you a lessee? in other words, did you sign the lease along with the other guy that bailed? Whether you did or didn't will make a huge difference in what you can be held liable for.

Alright, well I've been drinking a little bit since It's my only day off today. So I am only able to answer your final question. I signed a "Change of roommate agreement" Basically my signature is not on the original lease. It is however on a document that allowed a change of residency between the prior roommate who lived in the unit, and me. The original roommates weren't working out, and my friend asked me to move in with him. I had a copy of this agreement, but conveniently it was removed from my residence along with a lot of other important billing information that I should have taken from my apartment long ago. I assume this document holds me liable for the remainder of the rent, but I cannot be entirely sure. I did read it thoroughly in January, but do not recall it in its entirety. It was only a paragraph long, and it basically stated that all below signers of the document agreed to a change of roommate.

If my signature is not on the original lease, will this create a problem for the LL in court? Thanks again.

Also, another question. I may not have presented my contact with the LL in the best light. We communicated Twice in the last 30 days via phone and in person. We also communicated twice through voicemails i.e. he sent me a voicemail, I sent him a voicemail. My work hours are approximately 4 a.m. until 7 p.m. his work hours are 8 a.m. 5 p.m. so we don't really match up.

 

[MIRAKALES]

The original tenant occupants named in the original lease agreement are solely responsible for the lease agreement, not the new roommate (you) who did not sign the original lease agreement. The original roommate occupants on the roommate lease agreement are responsible for the roommate agreement, unrelated to the original lease agreement -- only relevant if the roommates intend to sue one another.

Technically, the property management cannot officially evict the remaining roommate (you) because you are not a party to the original lease agreement. However, the property management can have any unnamed lease occupants removed from the premises -- technically evicted but without any financial obligation to repay rent to property management. The property management will need to pursue collection action against the original tenants on the original lease agreement, if in fact, the original lease agreement has not expired. (There is a possibility that the original lease agreement expired and the tenancy converted to a month-to-month agreement.)

In accordance with Iowa State law:
“The landlord may also enter the rental unit at times reasonably necessary during a tenant's absence in excess of 14 days to conduct a welfare check of the rental unit. Iowa Code section 562A.29(2).
On a case by case basis, a landlord may enter a rental unit if the tenant abandons the rental unit. The landlord may enter and recover possession. Iowa Code section 562A.19(4). There must be evidence of vacating including removing personal property, turning in keys, forwarding mail, and other indicia that the tenant is no longer occupying the rental unit. The landlord may of course enter if the tenant surrenders possession.”

 

[justalayman]

MIRAKALES;3068249]The original tenant occupants named in the original lease agreement are solely responsible for the lease agreement, not the new roommate (you) who did not sign the original lease agreement. The original roommate occupants on the roommate lease agreement are responsible for the roommate agreement, unrelated to the original lease agreement -- only relevant if the roommates intend to sue one another.

maybe. How about if we get clarification of the "change of roommate" agreement. I'm leaning your way but let's make sure. OP's explanation suggests there may have been some liability incurred due to that agreement. May be OP over extending the agreement. May be us underestimating the agreement.

so

the original roommate that you replaced; was he a lessee (signed on the original lease as a tenant, not merely a occupant)

If not, then as MIRAKALES states, your liability is nil

If he was a tenant, who was this roommate agreement with? You and the actual tenant or you and the landlord

Technically, the property management cannot officially evict the remaining roommate (you) because you are not a party to the original lease agreement.

and this is where MIRAKALES is wrong. When there is an eviction, a LL must evict all tenants AND occupants. If not, the occupant cannot be removed in a subsequent Sheriff's hands on removal of the party.

However, the property management can have any unnamed lease occupants removed from the premises -- technically evicted but without any financial obligation to repay rent to property management.

well if that isn't straddling the fence by MIRAKALES, I don't know what is.



.

There must be evidence of vacating including removing personal property, turning in keys, forwarding mail, and other indicia that the tenant is no longer occupying the rental unit. The landlord may of course enter if the tenant surrenders possession.

really? that one is not correct. If you believe so, provide proof. I already posted the section where a LL that considered the unit abandoned can take possession, period.

The rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment,

 

[CarlJay89]

maybe. How about if we get clarification of the "change of roommate" agreement. I'm leaning your way but let's make sure. OP's explanation suggests there may have been some liability incurred due to that agreement. May be OP over extending the agreement. May be us underestimating the agreement.

so

the original roommate that you replaced; was he a lessee (signed on the original lease as a tenant, not merely a occupant)

If not, then as MIRAKALES states, your liability is nil

If he was a tenant, who was this roommate agreement with? You and the actual tenant or you and the landlord





and this is where MIRAKALES is wrong. When there is an eviction, a LL must evict all tenants AND occupants. If not, the occupant cannot be removed in a subsequent Sheriff's hands on removal of the party.

well if that isn't straddling the fence by MIRAKALES, I don't know what is.



. really? that one is not correct. If you believe so, provide proof. I already posted the section where a LL that considered the unit abandoned can take possession, period.

I contacted a family friend who owns a large number of properties a few blocks from where my rental unit was located. He told me that what my LL did was not legal, and is allowing me to consult with his personal attorney on the matter. However, because of the legal information provided in this forum I am now very confused.

As I said in a previous post. The change of roommate agreement was a single piece of paper with a single paragraph on it stating that one of the original lease signers would be moving out and that I would be moving in. This paper had to be signed by all four parties (LL, Both Lease signers, and myself). I had thoroughly read this document upon signing it, but do not recall its specifics. The document was in storage in the unit along with all of my financial information. I assume these items were removed upon my so called "abandonment" of the unit because it was gone when I returned on the 30th.

Once again thanks.

 

[justalayman]

Did you show him the actual state statute that does allow a LL to consider the unit abandoned without a court action?



as to what you signed; it is a novation. That means you have stepped into the prior tenants shoes and can be held liable. It's as if you were the original signing party to the contract. That means you can be held liable for rent and damages just as the original tenant could have been if you didn't sign the novation.



I have not found the statutes controlling how your possessions have to be handled but since we really don't know what happened to your property, I wasn't that excited about searching for that as we have no idea if it is even in play.

 

[CarlJay89]

Did you show him the actual state statute that does allow a LL to consider the unit abandoned without a court action?



as to what you signed; it is a novation. That means you have stepped into the prior tenants shoes and can be held liable. It's as if you were the original signing party to the contract. That means you can be held liable for rent and damages just as the original tenant could have been if you didn't sign the novation.



I have not found the statutes controlling how your possessions have to be handled but since we really don't know what happened to your property, I wasn't that excited about searching for that as we have no idea if it is even in play.

That makes sense. I just found a change of roommate agreement form from a different rental company I had used last year. It sounds very similar to what I signed in January, and holds me liable for damages. As to what happened to my property, my neighbor told me that my furniture that was in poor condition was simply tossed to the curb and the valuable ones were loaded into a truck and taken away by the LL.

Edit: My neighbor was even nice enough to snag one of my end tables for me and return it.

 

[justalayman]

I cannot find anything specific concerning property remaining at a rental unit. I find it difficult to believe he is legally allowed to toss it without some action such as notifying you. I don't recall any state, off the top of my head, that would allow tossing all the stuff in the time period we are dealing with.