This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Iowa Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
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Multi-State
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US-01678BG
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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You will then electronically file the appropriate small claims Original Notice form and pay the $95 filing fee. The official forms to use in Iowa small claims cases are available free of charge on this website. You may have an additional cost for having the petition served on the other party.
While your landlord is not required to update an apartment from a style standpoint, ing to Iowa Code section 562A. 15 your landlord is required to ?maintain a fit premises.? The Iowa Code provides a list of things that a landlord must do to meet the minimum requirements of the law.
?Ordinary wear and tear? is a phrase that means damage to property from regular use, which occurs naturally over time. For example, it could include faded curtains, worn carpets, and small scratches on walls or floors that happen over time with regular use and care.
Tenants can sue landlords in small claims court for the return of their deposit, up to a dollar amount of $5,000. See Filing a Security Deposit Lawsuit in Iowa Small Claims Court for advice for tenants filing suit.
Generally speaking, landlords may use the tenant's security deposit for any cleaning or repairs required to bring the unit to the condition it was at prior to the tenant moving in. Landlords can't charge for ordinary wear and tear items in the unit.
If the landlord fails or simply refuses to send a written notice and/or refund the security deposit within the 30-day timeframe, the tenant may receive up to double the amount of the security deposit, plus any legal fees required by court if the deposit is withheld in bad faith.
Under Iowa Law, your landlord does not have to return your deposit until thirty days after you have vacated the unit and you have given the landlord instructions about where to send the deposit. Also, if the landlord keeps all or part of your deposit, he or she must tell you so in writing.
After receiving the tenants' new address, landlords have 30 days to provide them with an itemized list of damages and repair costs that part or all of the deposit will cover. If the landlord fails to provide such a list, they waive their right to keep or use the deposit, and it must be returned to the tenant in full.