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  1. #1
    Join Date
    Aug 2015
    Posts
    2

    Default Bad-Faith Retention of a Security Deposit by a Landlord

    Hi, all. My question involves landlord-tenant law in the State of: Iowa. I was a tenant of a property in Iowa City, IA until Thursday, July 30th of this year. Iowa law (562A.12) requires landlords to return security deposits within 30 days of lease end, or submit written reasoning as to why it will not be returned within the 30 days. Today marks the 30 day mark and we have received absolutely zero contact from our landlords since the end of our lease. Where do I go from here? This question may be silly, but i'm going to ask it to get clarification. I read on a website that if landlords violate this law, tenants are able to receive 100% of their deposit back, because the law was violated. The website did not have any reason for me to believe that they were a reputable website, and I doubt this is true. I am asking, though, just to get a sure answer. What are my options? Thank you!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Bad-Faith Retention

    Quote Quoting acic1
    View Post
    Hi, all. My question involves landlord-tenant law in the State of: Iowa. I was a tenant of a property in Iowa City, IA until Thursday, July 30th of this year. Iowa law (562A.12) requires landlords to return security deposits within 30 days of lease end, or submit written reasoning as to why it will not be returned within the 30 days. Today marks the 30 day mark and we have received absolutely zero contact from our landlords since the end of our lease. Where do I go from here? This question may be silly, but i'm going to ask it to get clarification. I read on a website that if landlords violate this law, tenants are able to receive 100% of their deposit back, because the law was violated. The website did not have any reason for me to believe that they were a reputable website, and I doubt this is true. I am asking, though, just to get a sure answer. What are my options? Thank you!
    You can and should send a demand letter to the landlord insisting that your deposit be refunded. You could also file a small claims court case against the landlord for the deposit.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Bad-Faith Retention of a Security Deposit by a Landlord

    Quote Quoting acic1
    View Post
    Hi, all. My question involves landlord-tenant law in the State of: Iowa. I was a tenant of a property in Iowa City, IA until Thursday, July 30th of this year. Iowa law (562A.12) requires landlords to return security deposits within 30 days of lease end, or submit written reasoning as to why it will not be returned within the 30 days. Today marks the 30 day mark and we have received absolutely zero contact from our landlords since the end of our lease. Where do I go from here?
    Small claims court.

    Quote Quoting acic1
    View Post
    I read on a website that if landlords violate this law, tenants are able to receive 100% of their deposit back, because the law was violated. The website did not have any reason for me to believe that they were a reputable website, and I doubt this is true. I am asking, though, just to get a sure answer. What are my options?
    You posted the statute number. It's beyond me why you went to a website when you should have just read the statute. It's all in there:

    https://coolice.legis.iowa.gov/Cool-...&input=562A.12

  4. #4
    Join Date
    Aug 2015
    Posts
    2

    Default Re: Bad-Faith Retention of a Security Deposit by a Landlord

    thank for the help, everyone. I just noticed a part that I had missed earlier, which essentially says that the landlords could sue after the fact, as the failure to pay me within 30 days does not take away from the fact that I may have damaged something in the apartment... so they can sue me for those damages, and i'd likely have to pay their attorney fees in addition, correct?

    If i'm wrong, someone please correct me, as this would likely keep me from sending a demand letter.

  5. #5
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Bad-Faith Retention of a Security Deposit by a Landlord

    Do the damages you left exceed the amount of the deposit?

  6. #6
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Bad-Faith Retention of a Security Deposit by a Landlord

    Couple of things to keep in mind...

    Did you notify the landlord of your new address (many tenants forget to do this)?

    Former tenants often assume this required date means the information must be in their hands at this time. When there is questions about this in court it often comes down to when the information was mailed, not necessarily received. In other words, if the postmark on the envelope is within the required time period the landlord has met the states required time frame. Once the information leaves the landlords hands through the mail they have no control as to when the tenant will actually receive this. So you might want to wait a few days to see if you receive this information through the mail (if you've provided the landlord with your new address).

    Gail

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