responding to the question on damage deposits...
Under Iowa law, the landlord has 30 days from the tennant moving out and providing a forwarding address to either refund the entire deposit OR send an itemization explaining what is being retained and why. If the landlord doesn't do it in 30 days, the landlord forfeits its right to keep the deposit. Iowa Code sections 562A.12(3). This code section also sets out the three reasons landlords can keep deposits; 1) back rent or other funds due under the lease; 2) restoration of the property to its condition at the time the property was leased (ordinary wear and tear excepted); and 3)costs in acquiring possession of the property from a tennant who won't give it back. The law also puts the burden on the landlord to prove why any part of the deposit was withheld.
The part that screws things up is that "ordinary wear and tear" has never been defined either in the Code or by the Iowa Supreme Court. So, there are always disputes about whether or not the damage was "ordinary". One case I heard involved carpet damage in a living room of a rental house. The carpet was 1 year old and completely trashed. The tennant didn't know what the big deal was... doesn't everybody store and work on their Harleys in the living room (oil changes, etc...), especially when its cold out? I decided that wasn't ordinary.
I agree the best thing you can do is document the condition of the place when you move in. Don't just sign something that says its OK, look it over and make note of any problems or even slightly damaged areas. Photos are good, providing they have the requisite detail.
Under Iowa law, the landlord has 30 days from the tennant moving out and providing a forwarding address to either refund the entire deposit OR send an itemization explaining what is being retained and why. If the landlord doesn't do it in 30 days, the landlord forfeits its right to keep the deposit. Iowa Code sections 562A.12(3). This code section also sets out the three reasons landlords can keep deposits; 1) back rent or other funds due under the lease; 2) restoration of the property to its condition at the time the property was leased (ordinary wear and tear excepted); and 3)costs in acquiring possession of the property from a tennant who won't give it back. The law also puts the burden on the landlord to prove why any part of the deposit was withheld.
The part that screws things up is that "ordinary wear and tear" has never been defined either in the Code or by the Iowa Supreme Court. So, there are always disputes about whether or not the damage was "ordinary". One case I heard involved carpet damage in a living room of a rental house. The carpet was 1 year old and completely trashed. The tennant didn't know what the big deal was... doesn't everybody store and work on their Harleys in the living room (oil changes, etc...), especially when its cold out? I decided that wasn't ordinary.
I agree the best thing you can do is document the condition of the place when you move in. Don't just sign something that says its OK, look it over and make note of any problems or even slightly damaged areas. Photos are good, providing they have the requisite detail.
