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Landlord/Roommate Issues

Table of Contents

Landlord Issues

Possible Reasons For Landlord To Enter
Eviction
Abuse Of Access
Inadequate Living Conditions
Lack Of Essential Services Procedure
Repairs
Failure To Deliver

Roommate Issues

Roommate Agreements

Possible Reasons for Landlord to Enter Premises

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• Emergency (this is the only reason a landlord may enter without notice)
• Inspections
• To make agreed repairs or necessary repairs
• Decorations, alterations, or improvements
• Supply necessary or agreed services
• To show the property to prospective tenants, buyers, workers or contractors
• If the tenant is away from the rental property for more than 14 days, the landlord may enter the dwelling unit whenever "reasonably necessary"

Eviction

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As a tenant, you have rights and responsibilities. You may not be evicted without specific cause as outlined in the Uniform Residential Landlord and Tenant Law. If you are being threatened with eviction or have received an eviction notice, immediately contact Student Legal Services at (319) 335-3276.

Abuse of Access

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If your landlord needs to enter your rental unit, there are proper procedures your landlord must follow:

• Landlord must give 24 hours notice to tenant of landlord's intent to enter *24-hour notice not needed in case of emergency
• Landlord must enter only at "reasonable" times. **Note:"Reasonable" is not defined in the Uniform Residential Landlord and Tenant Act.
• It may be helpful for landlord and tenant to establish in writing some sort of schedule of reasonable times for access
• A tenant may not refuse "reasonable" entry
• The tenant has the right to be present whenever the landlord enters
• Landlord shall not abuse the right of access or use it to harass the tenant
• Entry in an "unreasonable manner" may be harassment
• Repeated demands for entry can constitute harassment
• If the landlord makes an unlawful or unreasonable entry, or is harassing the tenant the landlord may be ordered to pay damages equaling at least one months rent

If you have questions, contact Student Legal Services at (319) 335-3276.

Inadequate Living Conditions

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If you feel the conditions of the rental unit may be in violation of housing, health, or safety codes, you have the option to follow these steps:

1.Contact the Landlord FIRST

• Call the landlord. This gives the landlord an opportunity to fix the problem. In addition, calling first may help to keep a good tenant-landlord relationship (a phone call is probably seen as less threatening than a written notice).
• Give the landlord a written notice if the phone call does not resolve the problem. The notice should explain the problem and request that the landlord takes action to correct it. Keep a signed and dated copy.

2.Call the Housing Inspector, if necessary

• Calling the inspector verifies that the problems exist and notifies the landlord of violations.
• This is not necessary if the landlord has agreed to fix the problem.
• Housing Inspector:
  Iowa City………………(319) 356-5130
  Coralville………………(319) 351-2448

Note: Except as provided by the Uniform Residential Landlord and Tenant Act (URLTA), a landlord may not retaliate by increasing rent, bringing or threatening to bring an action for possession, or decreasing services after the tenant has complained to housing officials, health officials, or the landlord [URLTA 562.36(1)(a)].

Lack of Essential Services Procedure

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(Heat, Hot and Cold Running Water, Electricity)

If contrary to the rental agreement or section 562A.15 of the Uniform Residential Landlord and Tenant Law, the landlord deliberately or negligently fails to supply essential services of running water, hot water, heat, or electricity, the tenant has options and rights. Contact Student Legal Services at (319) 335-3276 for assistance.

Repairs

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If repairs are needed, notify your landlord. If repairs are not completed within a reasonable amount of time (usually 7-10 days depending on the nature of the repair), you have rights and options. Contact Student Legal Services at (319) 335-3276 for appropriate procedures to follow.

Failure to Deliver

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(If your housing is not ready when you are suppose to move in…)

If the landlord does not make the house or apartment fully available to you in proper condition at the agreed time, no rent is due until the place is in the proper condition. A tenant has the option to do the following things:

1. Give the landlord a written notice saying the rental agreement will end in five or more days (number is up to you). When this amount of days has passed, the landlord must return any rent or security deposit which was paid in advance by the tenant; OR

2. Demand the landlord take whatever steps are necessary to make the house or apartment fit for move in conditions. A tenant in this situation may go to court to evict whoever is still in possession of the place to be rented, and can sue for the losses the tenant has suffered in the process.

If the landlord fails to have the house or apartment ready to move into at the agreed time on purpose, the tenant can take the landlord to court and make him/her pay for whatever inconvenience the tenant has suffered. The landlord can also be ordered by the judge to pay for the tenant's lawyer.

Roommate Issues

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Roommate Agreements

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The purpose of a roommate agreement is to set up guidelines, at the beginning of a lease, which determine the responsibilities of all roommates to ensure a living situation acceptable to each tenant. Confusion is kept to a minimum if tenants understand their individual responsibilities. It is best if all roommates have signed and dated copies of the agreement to avoid problems.

Some of the guidelines that might be included in a roommate agreement are an agreed value which each tenant is responsible to pay for rent, phone bills, security deposit, utility bills, and repairs for any damage to the property.

Financial agreements are not the only topic that a roommate agreement can cover. Household duties such as garbage removal, dishes, and bathroom maintenance can be delegated in this manner. Other guidelines may include subleasing, assignment, abandonment, and guest policies.

If problems arise later in the year, the roommate agreement can be used to help resolve disputes. Not only is an agreement useful in resolving problems, but it may be a suitable defense in the event that paying roommates are sued for another tenant's non-payment of rent.

For more information, contact Student Legal Services at (319) 335-3276.

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