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Iowa Tenants' Project
People's Law School
& Small Claims Assistance


Introduction
Moving Out Tips for Tenants
Pest Control Rules for Iowa City, Coralville and Johnson County
Overview of Small Claims Process
Do You Have a Case? Is it Worth Pursuing?
Filing a Small Claims Case or Responding to One Filed Against You
Filing
Service


Introduction

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The Iowa City Tenants' Project is committed to tenants' rights and to fair play for both tenants and landlords. The Tenants' Project seeks to educate tenants and landlords about their legal rights and responsibilities and to empower tenants to vindicate their rights in court.
barkalow class action
The Iowa Tenants' Project is part of the law offices of Christopher Warnock. Mr. Warnock has been an attorney since 1998 and a member of the Iowa Bar since 2008. The Tenants' Project provides information for tenants and landlords, and provides a focus for efforts to change the rental culture for landlords and tenants in Iowa City. Christopher Warnock, through the Tenants' Project represents both tenants and landlords on a pro bono and reduced fee basis and also on a flat or contingency fee or hourly rate depending on the type of case.
The Clark Family/Apts Downtown class action and Barkalow class action are a way to deal with collective, identical problems affecting a large number of tenants. In particular illegal lease clauses can be dealt with effectively through class actions.
However, class actions are not the complete answer. Many landlord tenant problems are individualized, for example, whether cleaning of a rental unit was necessary or who is responsible for particular damage in a unit. These problems need an individualized finding of fact and therefore can only be resolved in small claims court. No one attorney or organization can handle these cases for tenants, tenants need to be able to do their small claims case.

Moving Out Tips for Tenants

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The end of July means the end of the lease term for thousands of Iowa City tenants. Here are tips on how to save trouble and get your security deposit back:
  1. Move out on time.
  2. Completely clean up your house or apartment. This means taking out all of your stuff, removing all trash and really getting the place clean. Key areas are the top of the stove and inside the oven, inside the refrigerator, sinks and the bathroom.
  3. Take lots of pictures!!!! This is probably the most important step. Once you've finished your cleaning, take lots of pictures so you have evidence that you actually cleaned the place up.
  4. Get an outside witness who lives in or near Iowa City. Don't get a fellow student, relative (sorry Mom!) or close friend. Ideally they are over 30, what you are looking for is someone who will make a good witness in court. Once you've cleaned the place up, have your outside witness come in and look carefully at the place.
  5. Make sure the landlord has your forwarding address. They can keep your deposit if you don't provide them with a working forwarding address. Make sure you can promptly receive all mail sent to this address.
Unfortunately, even if you clean your place up and have evidence, landlords in Iowa City will still often take some or all of your deposit and even charge you extra on top. If you want your deposit back you have to be ready to go to Small Claims court.


Pest Control Rules for Iowa City, Coralville and Johnson County

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The Iowa Uniform Residential Landlord Tenant Act ("IURLTA") Iowa Code Chapter 562A, does not specifically regulate who is responsible for pest control and extermination. If there is a clear cause of the infestation, then whoever caused it can be held responsible, but only rarely will it be obvious what the cause is. That doesn't stop both landlords and tenants from instantly blaming the other side and insisting that they instantly take 100% responsibility and the full cost of extermination and prevention. This approach will almost surely backfire. Pest infestation is a mutual problem for both landlords and tenants and both sides need to work together to effectively solve it.
Pest infestation and extermination is regulated by local governments. Here are the pest infestation and extermination regulations for Iowa City, Coralville and unincorporated areas of Johnson County, Iowa.

Iowa City Municipal Regulations

17-5-19: RESPONSIBILITIES OF OWNERS RELATING TO THE MAINTENANCE AND OCCUPANCY OF PREMISES:

P. Pest Extermination: Whenever infestation exists in two (2) or more dwelling units or rooming units of any dwelling or in the shared or public parts of any dwelling containing two (2) or more dwelling units or more than one rooming unit, the extermination thereof shall be the responsibility of the owner. (1978 Code ยง17-7; amd. 1994 Code)

17-5-20: RESPONSIBILITIES OF OCCUPANTS RELATING TO THE MAINTENANCE AND OCCUPANCY OF PREMISES:link

C. Extermination Of Pests: Every occupant of a single-family dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; every occupant of a dwelling containing more than one dwelling unit or rooming unit shall be responsible for such extermination within the unit occupied whenever said unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodentproof or reasonably insectproof condition, extermination shall be the responsibility of the owner.

Coralville Municipal Regulations

145.08 PEST AND RODENT CONTROL. 1. Every occupant of a dwelling shall dispose of or store all refuse and rubbish and any other organic substance which might provide food for insects or rodents in a clean, sanitary and safe manner. Acceptable refuse containers shall be used for storage pending collection.

2. Every occupant of a dwelling or dwelling unit shall be responsible for the extermination of insects or rodents on the premises. Notwithstanding the foregoing provision of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodent-proof or insect-proof condition, extermination shall be the responsibility of the owner.

3. No occupant of a dwelling shall accumulate rubbish, boxes, lumber, scrap metal or any other materials in such a manner that may provide for rodent harborage in or about such dwelling or dwelling unit.

4. No owner of a dwelling shall accumulate or permit the accumulation of eatables, rubbish, boxes, lumber, scrap metal or any other materials in such a manner that may provide for rodent harborage in or about the shared or public areas of such dwelling or its premises.

Johnson County Code of Ordinances

8:6.13 Responsibilities of Owners Relating to the Maintenance and Occupancy of Rental Premises. P. Pest Extermination. Whenever infestation exists in two (2) or more rental dwelling units or rental rooming units of any rental dwelling or in the shared or public parts of any rental dwelling containing two (2) or more rental dwelling units or more than one rental rooming unit, the extermination thereof shall be the responsibility of the owner.

8:6.14 Responsibilities Of Occupants Relating To The Maintenance And Occupancy Of Rental Premises.

C. Extermination Of Pests. Every occupant of a single-family rental dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the rental premises; every occupant of a rental dwelling containing more than one rental dwelling unit or rental rooming unit shall be responsible for such extermination within the unit occupied whenever said rental unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a rental dwelling in a reasonably rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner.


Overview of Small Claims Process

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In Iowa, as in many states, a speedy, more informal court process, small claims court, been set up for cases involving $5,000 damages or less and some other types of cases, including evictions [known in Iowa as forcible entry and detainer]. Generally landlord/tenant cases are done in small claims court. The next higher level of court is the district court. Appeals from the small claims court are done to the district court and all cases for over $5000 or asking for injunctions take place in the district court. If you lose your small claims appeal to the district court, you can request the Iowa Supreme Court review the case. The Supreme Court can refuse to review, can accept the case to review itself, or can have the case reviewed by the Iowa Court of Appeals.
The Iowa Code section that governs small claims is Section 631. As in a regular, district court case, the person or corporation suing is the plaintiff, the person or corporation being sued is the defendant. If either the plaintiff claims or the defendant counterclaims for more than $5000, the jurisdictional limit of the small claims court, then the case must be transferred to regular district court. Wilson v. Iowa Dist. Court 297 N.W.2d 223 (Iowa 1980).
The Iowa small claims process is fairly straightforward:
  1. Plaintiff begins case by filing a combined Original Notice & Petition.
  2. Notice & Petition are served on defendant
  3. Defendant files an Answer and denies petition
  4. Case is set for hearing
  5. If both plaintiff and defendant appear at hearing date, magistrate or judge hears case under informal procedure. Decision is often rendered on spot, but order may be issued later.
  6. Losing party may appeal to District Court, and if appeal is lost, ask Iowa Supreme Court for further review
You can follow the links in this overview to jump to more detailed explanation of each stage.



Do You Have a Case? Is it Worth Pursuing?

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barkalow class action
Before you decide to go forward with a landlord/tenant or any small claims case you need to answer two questions:

(1) Do you have a case? and (2) Is it worth pursuing?

"Do you have a case?" is a legal question which this website can assist you with, but "is it worth pursuing?" is a question only you can answer for yourself. In Iowa City, some landlords have this down to a science charging tenants for illegal fees and costs that are substantial, but not enough to hire a lawyer. For years, thousands of tenants have just given up, gritted their teeth and paid up. The Tenants' Project is trying to convince tenants to fight back! If 10% or even 5% of tenants filed small claims actions landlords might think twice before making illegal charges.
Here are clear and obvious issues that are worth suing your landlord about or counterclaiming if a landlord has sued you. Follow the links for more detailed information: The most frequent problem with landlords has to do with excessive charges deducted from security deposits, often for cleaning or repairs at the end of the tenancy. The legality of their charges has to be determined on a case by case basis and your case depends very much on the factual evidence you present at trial. Review our page on Moving out of your Apartment & Gathering Evidence.
Once you have determined that you wish to go forward with the case and have a legal and factual basis for your case, it's time to file.



Filing a Small Claims Case or Responding to One Filed Against You

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Having decide to file a case or respond to one filed against you, your first step is prepare the pleadings, the papers that will be filed in the case. If you are suing, you are the plaintiff, if you are being sued, you are the defendant.
  • A Motion to Proceed without Prepayment of Court Fees can be filed by either the plaintiff or defendant. The defendant would likely only need to request waiver of fees if they wished to appeal. This has an affidavit that goes with it that needs to be filed out and signed. If your income is equal to or less than your expenses and it would be hardship for you to pay the filing fees, you can ask the court to waive them. You file this first or with your Original Notice & Petition. The small claims court considers it and will inform you if the motion is granted. If it is denied you will need to pay the filing fee for the case to proceed.

  • Original Notice & Petition This is filed by the plaintiff only and is required for all cases. This starts the case and gives a little information to the defendant about why you are suing them.


FILING

Iowa City tenants file in the Johnson County Courthouse at 417 S. Clinton Street, Iowa City. Go to the Civil Clerk's Office on the 2nd floor to file. There is a special small claims section to the left just as you go in the door. Take with you 3 signed copies of the Original Notice & Petition, plus 2 signed copies of the Motion to Proceed Without Prepayment of Fees & signed affidavits, if you qualify for having the court fees waived. If you file the motion to waive fees, take one copy of the proposed Order to Proceed without Prepayment of Fees.
Unless you have had a motion to proceed without prepayment of fees granted you will have to pay filing and other fees. The filing fee for a small claims case is $85.


SERVICE

Once you have filed the Original Notice & Petition you need to have it served on the defendant either by certified mail by the small claims clerk ($10) or by the Johnson County Sheriff's Office by a deputy. If you want to have the Original Notice & Petition served by a deputy, after you file, take a stamped copy to the Civil Division of the Johnson County Sheriff's Office at 511 S Capitol St in Iowa City. You will need to pre-pay $40, but the cost of serving Original Notice is just $15 plus mileage, so you will likely get a refund.
If you have been sued, you will have an Original Notice & Petition served on you. Unless you file an answer you will automatically lose the case.
  • Answer This is filed by the defendant.
Once the defendant answers the court will set the hearing for the small claims case.


For further information go to the Iowa Tenants' Project Contact Page