Landlord Issues

[jaker_1976]

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

My sister in law has been trying to sub-lease her house for the past 3 to 4 months. She has had a few interests but each time the sub-leasers try and contact the landlord she is either:
1) demanding 2 months of rent down front from the sub-leasers (deposit) even though she still has my sister in laws deposit.
2) saying she is raising the rent (even though this is a sublease and the house is already under contract)

Now in the past this landlord has been pretty fishy. Iowa laws is, you MUST give 24 hour notice before land lord shows up. This woman has never called, just walked in, once when my sister in law was in the shower and never even knew she was coming over. Been in the house without calling while sister in law was out of town. Reason we knew this was because me and my wife were taking care of her dogs, when we would leave we would turn off the lights and when we would come back, random lights would be on. Then when she would call, it would be no where near a 24 hour notice. As in like calling at 9PM and showing up at 9AM.

My sister got so sick and tired of this land lord that she actually went and bought a house and now she wants out of the lease. However this landlord is making it almost impossible to get this done. Should my sister in law contact a lawyer about this or what steps should she take? This woman is making her still pay rent even though for the past 3 months she has been trying to sublease this place. The landlord is the one causing the issues not to mention she has broken Iowa laws by showing up at the house uninvited and without notice. Today my wife went to show the place and the back door of the house was unlocked. They have not been in that house but the door is just unlocked? If damage would come to the property my sister in law, being under contract, is liable for damages.

Update... Now landlord is claiming the house is dirty and that she needs to get someone to come and PROFESSIONALLY clean the house. They were not in the house long enough to do any damage to the location. They lived there maybe 5 months, CLEANED the place when they left. She now claims it is dirty. not to mention had the down stairs rugged cleaned the day my sister in law and her boyfriend were moving into the location. She also will not allow anyone who is not a couple rent, and is claiming rent is $1200/month when it was in fast $1150/month with 2 pets at $25.00 each. Makes it $1200 but if a new renter comes in and does not have pets the rent should be $1200.

Really could hear some advice here, should she get a lawyer on this matter because this is honestly now become a problem.

 

[FarmerJ]

any proof that LL is attempting to raise rent on a new tenant who takes over ?

 

[sandyclaus]

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

My sister in law has been trying to sub-lease her house for the past 3 to 4 months. She has had a few interests but each time the sub-leasers try and contact the landlord she is either:
1) demanding 2 months of rent down front from the sub-leasers (deposit) even though she still has my sister in laws deposit.
2) saying she is raising the rent (even though this is a sublease and the house is already under contract)

Now in the past this landlord has been pretty fishy. Iowa laws is, you MUST give 24 hour notice before land lord shows up. This woman has never called, just walked in, once when my sister in law was in the shower and never even knew she was coming over. Been in the house without calling while sister in law was out of town. Reason we knew this was because me and my wife were taking care of her dogs, when we would leave we would turn off the lights and when we would come back, random lights would be on. Then when she would call, it would be no where near a 24 hour notice. As in like calling at 9PM and showing up at 9AM.

My sister got so sick and tired of this land lord that she actually went and bought a house and now she wants out of the lease. However this landlord is making it almost impossible to get this done. Should my sister in law contact a lawyer about this or what steps should she take? This woman is making her still pay rent even though for the past 3 months she has been trying to sublease this place. The landlord is the one causing the issues not to mention she has broken Iowa laws by showing up at the house uninvited and without notice. Today my wife went to show the place and the back door of the house was unlocked. They have not been in that house but the door is just unlocked? If damage would come to the property my sister in law, being under contract, is liable for damages.

Update... Now landlord is claiming the house is dirty and that she needs to get someone to come and PROFESSIONALLY clean the house. They were not in the house long enough to do any damage to the location. They lived there maybe 5 months, CLEANED the place when they left. She now claims it is dirty. not to mention had the down stairs rugged cleaned the day my sister in law and her boyfriend were moving into the location. She also will not allow anyone who is not a couple rent, and is claiming rent is $1200/month when it was in fast $1150/month with 2 pets at $25.00 each. Makes it $1200 but if a new renter comes in and does not have pets the rent should be $1200.

Really could hear some advice here, should she get a lawyer on this matter because this is honestly now become a problem.

The LL can "show up" at the house anytime they so choose, as long as their intent is not to harass or annoy the tenants. The 24-hour rule you speak of is for the LL's right of entry to the house - for repairs, maintenance, showing the property to prospective tenants or buyers, etc. It DOES NOT prevent the LL from coming buy to meet with the tenants for some reason.

As far as breaking the lease because your SIL has found a house to buy, why should the LL be penalized for that? Your SIL agreed to a fixed term lease, and the LL is legally entitled to enforce the full lease term or hold your SIL responsible. Your SIL is obligated to pay until the end of the lease, or until a new tenant can be found to replace her, whichever occurs first. The LL is obligated to mitigate their damages by making reasonable, good faith efforts to re-rent the unit - with or without the assistance of your SIL. Any screening requirements the LL makes are on them, but if those requirements are not enforced in good faith, then they cannot hold your SIL responsible for continued rent until the new tenants are found to replace her.

 

[jaker_1976]

any proof that LL is attempting to raise rent on a new tenant who takes over ?

Well she got into an argument with my wife on the phone, she already told one prospect that the rent would be $1200 plus 2 months deposit, thus running that prospect off.

 

[Proserpina]

Well she got into an argument with my wife on the phone, she already told one prospect that the rent would be $1200 plus 2 months deposit, thus running that prospect off.

Am I missing something?

You said:

$1200/month when it was in fast $1150/month with 2 pets at $25.00 each. Makes it $1200 but if a new renter comes in and does not have pets the rent should be $1200.

Y'all are quibbling over $50?

That's really not going to matter a whole heck of a lot. I'm not convinced at all that a $50 increase will make or break the prospective tenant's decision. If it was $550 to $600, maybe. But not $1150 to $1200.

 

[jaker_1976]

The LL can "show up" at the house anytime they so choose, as long as their intent is not to harass or annoy the tenants. The 24-hour rule you speak of is for the LL's right of entry to the house - for repairs, maintenance, showing the property to prospective tenants or buyers, etc. It DOES NOT prevent the LL from coming buy to meet with the tenants for some reason.

As far as breaking the lease because your SIL has found a house to buy, why should the LL be penalized for that? Your SIL agreed to a fixed term lease, and the LL is legally entitled to enforce the full lease term or hold your SIL responsible. Your SIL is obligated to pay until the end of the lease, or until a new tenant can be found to replace her, whichever occurs first. The LL is obligated to mitigate their damages by making reasonable, good faith efforts to re-rent the unit - with or without the assistance of your SIL. Any screening requirements the LL makes are on them, but if those requirements are not enforced in good faith, then they cannot hold your SIL responsible for continued rent until the new tenants are found to replace her.

The law quotes:

The landlord should give the tenant at least 24 hours notice that the landlord intends to enter the tenant’s dwelling unit. The exception to this rule is in the case of an emergency. The tenant must let the landlord enter the dwelling if tenant has received a fair warning that the landlord will do so, or in the case of an emergency.

The LL showing up UNANNOUNCED without notice breaks that law. Also since the house is still under lease she NEEDS to call my SIL and let her know she is showing the house IF she is doing do. The house has been unlocked at least twice since my SIL moved out. If someone was to "walk in" and vandalize the property, my SIL would be the one responsible. Since my SIL has no idea when the LL is going to the house since the LL gives NO NOTICE, breaks the law.

Next we can go in that the LL kept promising to finish the down stairs rooms. They still needed to be repainted, holes fixed, lighting and electrical finished. My SIL even offered to do the painting herself and the LL said no, which is the LL's choice. However their basement still was not finished or painted by the time they got sick and tired of the situation and decided to get their own house. They also got threatened to be evicted because their dogs were not kenneled when the LL came over UNANNOUNCED. So I do not know where you are getting your info on what this law is for but for what I see it is so that the tenants know when the LL is to come over so that the could take care of pets or make sure the place is presentable.

 

[jaker_1976]

Am I missing something?

You said:



Y'all are quibbling over $50?

That's really not going to matter a whole heck of a lot. I'm not convinced at all that a $50 increase will make or break the prospective tenant's decision. If it was $550 to $600, maybe. But not $1150 to $1200.

A difference of $600 more a year not to mention pets which will add even more money. The rent is $1150 plus $25 per pet. Yet this is not the point. The point is the LL is getting in the way of sub-leasing.

 

[Proserpina]

A difference of $600 more a year not to mention pets which will add even more money. The rent is $1150 plus $25 per pet. Yet this is not the point. The point is the LL is getting in the way of sub-leasing.

I understand what you're saying, yes.

But you're also misreading the law. Sandy is correct - there is NO law against the landlord "stopping by". What the law actually controls is, again, entry into the unit.

Can this be used to manipulate the situation? Unfortunately yes. There are good landlords, indifferent landlords, dreadful landlords and people who shouldn't be allowed to have control over anything more complex than a carrot. The worst part of this is that unless the landlord seriously screws up (think illegal/constructive eviction), much of the behavior goes unchecked because of the court's interpretation of the statute.

With that said, your sister in law is also at fault here. I believe she will have a hard time in court if she chooses to pursue the issue.

However, that's her right and she can absolutely file suit if that's what she wants to do.

I'm just not convinced she has a winnable case at all.

 

[jaker_1976]

Thing is no one is answering my question. Should my SIL get a lawyer? The LL clearly broke Iowa tenant/LL laws many times, never finished maintenance to the house that was promised to be done, the work on the basement was finally finished AFTER my SIL moved out. On top of that the kitchen was to be done before my SIL moved in and it was not finished or useable for about 2 weeks after they moved in.

All I want to know, should my SIL get a lawyer since the LL broke Iowa State law many times and if this LL keeps blocking possible sub-lease attempts. So far she has forced 3 college students by telling them they needed $3600 deposit (Iowa law is up to 2 months rent for deposit) plus first months rent so, $4800 yet the rent is $1150 under current contract without pets. She turned down a HUD family of 7 which the City of Ames allows a family of 7 to live in a 3 bedroom home, but she denied them from renting the house, and the last three she came up with this new requirement that it needs to be rented by a couple (boyfriend, girlfriend) or married couple. The law

states laws in almost every state require the landlord to act reasonably, that is, he or she can't refuse consent just because he or she doesn't "like" the original tenant. Nor can the refusal be based on discriminatory reasons, such as the sub-lessee or assignee's gender or race. But, refusal can be based upon the new tenant's inability to pay the rent or bad credit history.

This LL is also be discriminatory of the people who would like to rent the location and all of a sudden changing it that a couple must rent the house.

The LL has breached the tennant/LL laws and now is making it impossible to sub-lease the property which to me also seems like a breach of state laws. So once again, should my SIL get a lawyer on this matter?

 

[jaker_1976]

I understand what you're saying, yes.

But you're also misreading the law. Sandy is correct - there is NO law against the landlord "stopping by". What the law actually controls is, again, entry into the unit.

Can this be used to manipulate the situation? Unfortunately yes. There are good landlords, indifferent landlords, dreadful landlords and people who shouldn't be allowed to have control over anything more complex than a carrot. The worst part of this is that unless the landlord seriously screws up (think illegal/constructive eviction), much of the behavior goes unchecked because of the court's interpretation of the statute.

With that said, your sister in law is also at fault here. I believe she will have a hard time in court if she chooses to pursue the issue.

However, that's her right and she can absolutely file suit if that's what she wants to do.

I'm just not convinced she has a winnable case at all.

So stopping by? I am not saying "stopping by". I am saying the LL just walks into the house whenever she feels like it. Like the LL lives there. Uses her key and walks in whenever she wants. She walked in on my SIL while she was in the shower. Yes the LL can stop by, knock on the door, ring the doorbell, but if there is no answer that does not give the LL right to just walk in. My SIL's car was in the driveway, she knew my SIL was home, my SIL had NO IDEA she was coming over.

Not to mention how many times while my SIL was STILL living there, when my SIL was out of town on business, that the LL let herself in to do work on the place without giving notice to my SIL. Like I said in my OP, when me and my wife were taking care of her dogs, we found random lights on in the house when no lights were left on by us. We had no idea the LL was coming and neither did my SIL.

 

[Proserpina]

So stopping by? I am not saying "stopping by". I am saying the LL just walks into the house whenever she feels like it. Like the LL lives there. Uses her key and walks in whenever she wants. She walked in on my SIL while she was in the shower. Yes the LL can stop by, knock on the door, ring the doorbell, but if there is no answer that does not give the LL right to just walk in. My SIL's car was in the driveway, she knew my SIL was home, my SIL had NO IDEA she was coming over.

Not to mention how many times while my SIL was STILL living there, when my SIL was out of town on business, that the LL let herself in to do work on the place without giving notice to my SIL. Like I said in my OP, when me and my wife were taking care of her dogs, we found random lights on in the house when no lights were left on by us. We had no idea the LL was coming and neither did my SIL.

Bottom line: you have no dog in the fight and quite honestly you're in way over your head here. If your SIL wants to try the court she's absolutely entitled to do so. Perhaps she could contact an attorney herself.

 

[jaker_1976]

Bottom line: you have no dog in the fight and quite honestly you're in way over your head here. If your SIL wants to try the court she's absolutely entitled to do so. Perhaps she could contact an attorney herself.

Well you finally partially answered my question, now I doubt you are a lawyer, so your legal advice is NOT what I am looking for. You saying she does not have a case is meaningless since I doubt you have a law degree and on top of that you probably do not know Iowa laws. My question and only question was, because of the laws in Iowa, and I do not care of your interpretation of the laws or what you might think a court might say, I have only given the reason, asked questions, and wondered because of all the problems this LL has given her, should she seek legal advice.

I really honestly could care less your opinions of the laws or what you think your outcomes are. All my question was after I gave the opening statement was, SHOULD my SIL contact a lawyer on the matter. Instead of starting a huge debate on your opinions of the laws a simple yes or no would have been fine.

I am not looking for legal advice never asked for it. I asked if REAL legal advice should be asked over this matter.

My first question about the situation...

Really could hear some advice here, should she get a lawyer on this matter because this is honestly now become a problem.

didn't ask if you think what the LL is doing is legal or not. I could care less if you think she is within the laws. Just a simple yes, if she thinks it will help she should or a simple no would have been more than enough.

I am done with this topic and your advice because I never got what I came here to ask for. This was a huge waste of time.

 

[TinkerBelleLuvr]

Best legal advice: have your SISTER-IN-LAW contact an attorney and see if SHE has a leg to stand on. You have no LEGAL presence in this fight.

 

[Ohiogal]

A difference of $600 more a year not to mention pets which will add even more money. The rent is $1150 plus $25 per pet. Yet this is not the point. The point is the LL is getting in the way of sub-leasing.

Why does your SIL believe she has the right to sublease?

 

[Ohiogal]

Well she got into an argument with my wife on the phone, she already told one prospect that the rent would be $1200 plus 2 months deposit, thus running that prospect off.

Why does your wife think she has any say so in what the landlord does with HER house? Hint: She doesn't.