Security Deposit Question

[Angel84]

Sorry, I didn't see any.

 

[Just Blue]

Post #4.

 

[Angel84]

Post #4.

Sorry, I should have explained better. I saw the post, but I didn't find where there were any ramifications for commingling the deposit. Thanks!

 

[Just Blue]

Sorry, I should have explained better. I saw the post, but I didn't find where there were any ramifications for commingling the deposit. Thanks!

It's there...562A.12 Rental Deposits. Just read through that section.

 

[Angel84]

It's there...562A.12 Rental Deposits. Just read through that section.

Great. Thanks!

 

[FlyingRon]

I disagree. The lease runs with the property. A claim on terms of the lease is something that can indeed cloud the title.

 

[adjusterjack]

I disagree. The lease runs with the property. A claim on terms of the lease is something that can indeed cloud the title.

Disagree with what? We're talking about the security deposit, not the tenant continuing in residence. The parties have already agreed mutually to terminate the tenancy on 9/26.

 

[FlyingRon]

I was disagreeing that a lis pendens is not appropriate. It most certainly is in this case. A judgment against the property is indeed a remedy for failure to return a deposit, and that makes the lis appropriate.

 

[not2cleverRed]

My question is that if we are not paying our rent in full for the lease term to him, doesn't his sale of the property negate the lease to him seeing as it's changing ownership?

Well... In the sense that you certainly wouldn't owe him rent for a property that he does not own.

You came to an agreement that if he sold the house, you would move, and the house was marketed accordingly; he did not sell the house as a rental with a tenant and lease. In doing so, he has broken the lease as much as you have.

He no longer has ownership of the house, but he wants to have his cake and eat it.

Copied from Blue's link to the code (bolding mine):
562A.12 Rental deposits.
7. The bad faith retention of a deposit by a landlord, or any portion of the rental deposit, in violation of this section shall subject the landlord to punitive damages not to exceed two hundred dollars in addition to actual damages.


8. The court may, in any action on a rental agreement, award reasonable attorney fees to the prevailing party.

 

[FarmerJ]

Reaches in to the middle of the table and places a jar of real , homemade black razzberry jam into the ante circle and my bet is that the LL will not follow Ia law regarding deposit funds ( I have no spare money for anything over and above postage to mail that jar, 494.00 elect bill just came , ins on the Jetta and plates on the truck due sooner than I wish and plates for the gulf and getting propane too.

 

[Just Blue]

Reaches in to the middle of the table and places a jar of real , homemade black razzberry jam into the ante circle and my bet is that the LL will not follow Ia law regarding deposit funds ( I have no spare money for anything over and above postage to mail that jar, 494.00 elect bill just came , ins on the Jetta and plates on the truck due sooner than I wish and plates for the gulf and getting propane too.

My Mother really loves blk razzberry jam....like, REALLY LOVES it.