Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Good reading for anyone in the state of Iowa. An Iowa City judge has made what could be a landmark ruling against Landlords there and will soon probably apply to the entire state.
Quote:
The Iowa City Tenants’ Project, a group that has brought legal action against local landlords on behalf of student renters, scored another victory this week in court.
A Johnson County District Court judge issued a ruling Tuesday against landlord Tracy Barkalow and his property ownership and management companies, finding that several provisions in Barkalow’s leases were illegal, and granting the tenants’ group class-action certification for future legal action.
Judge Douglas Russell, in a 13-page decision following a January hearing, ruled that several provisions in Barkalow’s lease — including one that imposed an automatic fee for carpet cleaning when a tenant moved out — were illegal.
Plaintiffs in the case were Brooke Staley, Tyler Lammer, Shelby Burdette, Dylan Thiemann, Dakota Thomas and Bradley Pollpeter, who were all student renters, said Christopher Warnock, the lawyer with the Iowa City Tenants’ Project who represented them.
Barkalow and his affiliated businesses, TSB and Big Ten Property Management, were defendants. Barkalow on Thursday said he had no comment on the ruling.
The plaintiffs also challenged provisions in the lease that included fees, fines, penalties and charges that go beyond actual, proven damages. Russell ruled that such fees were illegal, as were provisions that removed the landlord’s liability in a number of areas, including for injuries and loss of property related to theft, fire or other circumstances.
“This is probably going to go up on appeal, and if the Court of Appeals affirms it, or the Supreme Court, it’s a revolution in landlord-tenant law,” Warnock said. “It will make a huge difference not only in Iowa City, but all around the state.”
Good for them for fighting a bad landlord. I didn't read the article beyond what you cut and pasted above. But, I am amazed that this decision could call for 13 pages of opinion. Holy Moly! How long does it take a person to say: no, you can't charge fees that are illegal, nope you can't say you aren't liable... That would be some torturous opinion to read, I'll bet lol!
And, unless the landlord was at fault for injuries or property theft due to his/her negligence, I'm not sure I agree with that decision - saying the landlord can't say he's not responsible for fire or theft. Seems like that's where renter's insurance should step in.
Anyway, should be interesting to follow. Thanks for sharing.
Good for them for fighting a bad landlord. I didn't read the article beyond what you cut and pasted above. But, I am amazed that this decision could call for 13 pages of opinion. Holy Moly! How long does it take a person to say: no, you can't charge fees that are illegal, nope you can't say you aren't liable... That would be some torturous opinion to read, I'll bet lol!
And, unless the landlord was at fault for injuries or property theft due to his/her negligence, I'm not sure I agree with that decision - saying the landlord can't say he's not responsible for fire or theft. Seems like that's where renter's insurance should step in.
Anyway, should be interesting to follow. Thanks for sharing.
This editorial makes it sound like the landlords were WAY out of bounds.
Quote:
Last September, for example, Sophie Borer, a former Iowa City Kirkwood Community College student, won her case against Apartments Downtown. Borer had been charged more than $600 for bringing her dog into her Dodge Street apartment for a few minutes. A judge ruled that landlords could only charge tenants if their pets had caused damage to the facility, another win for Iowa City renters.
I'd like to read the whole opinion from the court.
I am a visiting ophthalmologist from Turkey. I am living on 1305 sunset street which is owned by River City Property Management. recently i have had bedbug issue of which i have never heard before coming to US. I discarded my mattress and bed, washed and dried everything hot, exterminator sprayed the house for three times. But soon after the third attempt at spraying i saw some bugs walking on the ceiling. As a whole family we are emotionally depressed, but property manager does not care about it much and keeps blaming me. Thats why i am thinking of going back to my country. they are telling me that there was no bug when they assigned the apartment to me. but how could i know?. I have never seen and had no idea about these creators, and i did not check if there was or not. anybody can give me advise?
But soon after the third attempt at spraying i saw some bugs walking on the ceiling.
I doubt the bugs you saw are bedbugs. They are microscopic in size and would be virtually impossible to see walking on the ceiling - which is a highly unlikely place for them to be anyway.
In Florida most of that would also be thrown out if a person would go to court. Mandatory carpet cleaning fees are allowed IF the tenants have no proof of of an invoice for professionally having cleaned them. So it comes down to how it is handled. If a tenant hires a company or the carpets are very clean than nothing can be charged. Otherwise the LL can absolutely charge it.
Just to implement everything like a mandatory fee or when there is no carpet and still carpet cleaning is charged is wrong and not allowed.
Liabilities for fire, etc. can't just be waived since it comes down if the construction is safe and other things that happen.
In Florida for example no waiver will remove the LL liability if the tenants dog will bite and therefore many LL will not allow certain breeds. In some other States a waiver can release the owner of the property. This law is causing many LL not being willing to rent to dog lovers due to the risk it will ring and a lien can be placed on the property easily and who wants to risk that.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
