Small Claims

If you have been affected by a negligent landlord, please fill out the form at the bottom of the page to see if Attorney Tye A. Reiman is able to help.

1. “Can my landlord come and go as they please?”

A. No. A landlord must notify a tenant at least 24 hours in advance of a necessary entry into a tenant’s home, even if it is “their property.” Just because you do not own a building does not mean that you must accept physical intrusion, nor does it mean you must accept unreasonable odor or noise intrusions. Living among others can be difficult but it shouldn’t be at the expense of your ability to quietly and peacefully enjoy your home.

B. You must allow your landlord to enter for a valid necessary reason when they give you valid notice. You may also be able to require your landlord to come only when you are or are not home depending on your needs for privacy. Your home should feel safe, regardless of who you rent from.

2-3. “Can my landlord keep my security deposit?”

A. No…Yes….Maybe? Your landlord can keep your security deposit to account for any missed payments, remaining balances, for expenses for lawful removal of a tenant, or for repairs to restore the property to the same condition as at the beginning of tenancy except for ordinary wear and tear.

B. However, there are requirements to provide tenants with written notice stating the reasons for withholding any part of your security deposit within 30 days of termination and notice of a forwarding address.

C. Give your landlord a forwarding address! This is a requirement before the 30 day written notice time starts against the landlord. If you do not provide an address within 1 year, your security deposit is forfeited to the landlord.

• If it is uncomfortable to give your landlord your new address, opening a P.O. Box at a local Postal Office and providing this as the address is an approach that allows you to keep your address anonymous and to collect in a relatively secure location.

B. Once a contract is in a signed writing, “parol evidence” (or evidence “outside” the written contract, usually of conversations and understandings spoken between landlord and tenant) cannot be admitted that will “change” or “contradict” that writing. However, outside evidence is admissible to help “explain” a contract’s terms is the words used are open to interpretation (as they often are).

• The contract “must be signed by the party that enforcement is sought against.” This means that if a landlord is trying to enforce a contract provision against you, you must have signed the document. This only means a signature for the document as a whole, unless the term/phrase requires independent signatures. Vice-versa, if you want to hold someone else to a contract term, they must have signed the document. In essence, a contract “must be signed by the party that you want to enforce it against.”

• If your contract says a commonly known and used term/phrase or has a definition section defining this term/phrase, it is unlikely that any outside evidence will be allowed since this would “change” the meaning of the contract.

• If a contract term/phrase has multiple meanings and/or the parties understanding is based on past experiences or verbal communication, outside evidence may be allowed to explain what the parties understood the meaning to be.

6-7. “Do I have to pay if I can’t live in these conditions?”, “What if I have bed bugs?”, or “What if my landlord won’t make repairs or fix issues?”

A. No, you do not have to pay if your rental is not in proper condition. This includes, but is not limited to, things like having working air conditioning in the summer, heating in the winter, having access to clean water, and being free of unlivable conditions like bug infestations or mold in the walls.

B. The standard of “livable conditions” that courts work off of in these situations generally requires that a home comply with the applicable building and housing codes that could affect a tenant’s health and/or safety, and further requires landlords to make all repairs and to do anything necessary to keep the premises in a “fit and habitable condition” such as:

• keeping (1) common areas safe and clean,

• maintaining (2) electrical, (3) plumbing, (4) sanitary, (5) ventilating, (6) air-conditioning, (7) running clean water, (7.5) including reasonable amounts of hot water at all times (8) reasonable heat, and (9) any other facilities and appliances that were supplied with the rental or that are required to be supplied by the landlord, and

• (11) providing and maintaining accessible and appropriate garbage receptacle(s) (or ash or other waste incidental to the use of the rental such as for fallen trees, if applicable), and (12) arrange for its removal,

  • This only applies to your landlord, not the utilities companies who supply the water or heating many may need. If you are having trouble making specifically heating payments during the winter months or water payments year-round and fall into the eligibility requirements, there are programs that prevent those utilities from being turned off during the necessary term. Check out the Low-Income Home Energy Assistance Program (LIHEAP) at https://humanrights.iowa.gov/dcaa/low-income-home-energy-assistance-liheap for heating assistance during winter (Nov.-April) and the Low-Income Home Water Assistance Program (LIHWAP) at https://humanrights.iowa.gov/dcaa/low-income-home-water-assistance-program for assistance with water utilities. Use it and do not risk going thirsty and causing other health issues or getting too cold this winter.

C. Courts often refer to building code or other code requirements to award damages to consumers who have been affected by a negligent landlord, such as in cases of bed bug or mold infestations.

Please provide your information and a summary of your situation at the bottom of the page, call us at 515-329-6603, or email Attorney Tye A. Reiman directly at TyeReiman@ConsumerLawOfficeLLC.com for a free consultation about your case to see if Tye is able to assist you.