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  #1  
Old 02-15-2008, 10:48 AM
Bossnutt
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Default Landlord problems

I currently rent an apartment in Dallas Center, Iowa. The lease I signed when moving in was agreed to at paying $500 a month, less $200 each month for cleaning services and mowing the property. In my lease nothing states about having late fees. Recently I have had a few medical problems and have become late on my rent. He has sent left me notices of "rent past due" (which that is fine), but now there are notes on it saying policy changes of late fees and a rent increase of $10 a month. Neither of which were agreed to or discussed between myself and the landlord. I need to find out if anything what can I do? I have tried to talk to the local lawyer in town, however his secretary states that whether anything can be done or not it's a flat fee of $150. an hour. Thank you in advance for any help you can give me.
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  #2  
Old 02-17-2008, 08:53 PM
Bossnutt
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Does no one have a clue what I can do or what my rights are?
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  #3  
Old 02-17-2008, 09:06 PM
lawford lawford is offline
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Location: Pierce County, Washington State
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Default check the statutes

Hello Bossnutt,

I have provided a link to state laws. Look up landlord tenant or tenants rights. It should tell you what your and your landlord's rights are. It is a main link, so you will have to follow corresponding links. Also, you will want statutes, however they may be titled in Iowa (sometimes they are referred to as codes, but not generally as codes are usually administrative). Good luck,

http://www.lib.umich.edu/govdocs/statelaw.html

Lawford

Last edited by lawford; 02-18-2008 at 09:41 AM.
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Old 02-18-2008, 05:38 AM
Bossnutt
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Thank you for your help. But I can't find anything about tenant rights. It's just showing rights of mobile home or manufactured home tenants.
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  #5  
Old 02-18-2008, 07:50 AM
underdog underdog is offline
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The Landlord has a right to seek late fees (even if not in lease) in accordance with State law (if any) You first need to pay your rent and late fees or face eviction. Consult a Landlord/Tenant Attorney on laws on late fees.
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  #6  
Old 02-18-2008, 09:55 AM
lawford lawford is offline
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Default Greatly generalized and silent statutes

Hello again Bossnutt,

I looked into your situation further. Iowa law is specifically silent on the matters of rent increases and late fees, however, there are notice requirements. What this means is that, providing that proper notice of the changes is given, the landlord may do as he wishes. However there is a generaized provision that if a change in lease terms is "substantial," the renter must agree to it by signature on the provision/lease.

It seems Iowa has taken a largely silent stance on all but the most necessary aspects of landlord tenant rights. What this means is that should a dispute arise, it is a matter for a court and a judge, and the judge will decide what is legal and equitable.

I have provided another link that may be somewhat informative. It is, however, quite nonspecific as well regarding your issues by necessity. Good luck,

http://lawdigest.uslegal.com/landlor...nant-law/1556/

Lawford
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Old 02-18-2008, 07:52 PM
moderator moderator is offline
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I can understand this is a frustrating situation for you. Have you failed to pay rent? Late fees may be the least of your worries - if you fail to pay rent, most states allow the landlord to pursue eviction remedies if there is no provision in the lease regarding the abilty to pay late rent in return for a simple late fee. Any additional information you can provide may help you get better responses.
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Old 02-18-2008, 09:07 PM
Bossnutt
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Quote:
Originally Posted by lawford View Post
Hello again Bossnutt,

I looked into your situation further. Iowa law is specifically silent on the matters of rent increases and late fees, however, there are notice requirements. What this means is that, providing that proper notice of the changes is given, the landlord may do as he wishes. However there is a generaized provision that if a change in lease terms is "substantial," the renter must agree to it by signature on the provision/lease.

It seems Iowa has taken a largely silent stance on all but the most necessary aspects of landlord tenant rights. What this means is that should a dispute arise, it is a matter for a court and a judge, and the judge will decide what is legal and equitable.

I have provided another link that may be somewhat informative. It is, however, quite nonspecific as well regarding your issues by necessity. Good luck,

http://lawdigest.uslegal.com/landlor...nant-law/1556/

Lawford
Thank you that helped alot.

Quote:
Originally Posted by moderator View Post
I can understand this is a frustrating situation for you. Have you failed to pay rent? Late fees may be the least of your worries - if you fail to pay rent, most states allow the landlord to pursue eviction remedies if there is no provision in the lease regarding the abilty to pay late rent in return for a simple late fee. Any additional information you can provide may help you get better responses.
I was late with January's rent. I explained to my landlord that my lease doesn't state anything about late fees. My usual rent is due between the 1st and 6th of each month. Since I do not get paid until 5pm on Fridays then for February my only choice was to pay rent on the 4th. On the 3rd I went to visit a friend and when I returned home there was a note stating "Effective Feb. 1, 2008 there is a rent increase due to insullating the attic", also stated the late fee amounts. I informed him that the attic doesn't affect me since I am on the lower level getting all the cold air from the basement.
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  #9  
Old 02-18-2008, 09:38 PM
lawford lawford is offline
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Location: Pierce County, Washington State
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Default

Excellent, your getting where I was coming from. You now speak of circumstances and events that may have an impact on your bottom line. But still, according to the law, you must prove that this increase, and reasoning, is out of line and particularly dtrimental to your particular position.

Lawford

Last edited by lawford; 02-19-2008 at 10:15 AM.
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