eviction

[ptw911]

What is the name of your state? ames, iowa I was wondering if someone could help us out. We went to court yesterday to fight an eviction and lost. The sheriff came today at 8 am this morning and said we have 24 hours to move out or they will move us out. Is this legal. I understand this was our fault but I really thought we had a good defence. there's just no way possible we could do it in that short of time, is there anything we can do. WE ARE VERY DESPERATE Thank you

 

[FarmerJ]

PT you must move as quickly as possible Your sheriffs dept likely will get phone call by LL tomorow when you havent vacated and come back to throw you out literally and let the LL change the locks with any thing thatis in the place still getting locked in . GO get a self storage locker and if you have to pack into plastic trashbags start doing it , ( or any nearby friends garage or barn . If you allow your things to be locked up your gonna have to possibly pay storage fees and court fees to get them back .

 

[ptw911]

Thank you This has just been a nightmare from day one in this house. We moved in on Feb 1 2003 and during our unpacking we found 4 outlets that did nothing 3 switches that did nothing. Also when we went to plug our computer's in 2 of the rooms we wanted them to go in wouldn't let us because the outlets read faulty. The basement started to flood shortly after we moved in because the sump pump,all the lights, and washer and dryer where wired to the same circuit. We notified them as soon as the problems were noticed.(According to our lease) does not say written in the lease. We received a letter from them dated March 6th saying that they were aware of the problem and were contacting the homeowner on how to proceed. 5 months went by with no help. So I had had enough and told them I wasn't paying rent until these things are fixed. Well you can guess what the outcome was in court by my posting here. I really thought we had a good defence. Also I understand ignorance is no defence but the average person signs a lease and understands that these are the rules and regs you must adhere to. Why would anybody that signs a lease say, well I bet these rules and regs are not legal I better find the real ones. Thats nonsense. Also if the iowa code state that any notice sent has to "personal service" certified mail" or "restricted certified mail" It says NOTHING about regular mail but thats what is accepted. I just don't get it how it seems if you have to follow some of the rules why not ALL. I know I seem mad (thats because I am) but thanks for all the advice.

 

[empowerment]

If you are not able to move your stuff within 24 hour so noted by the sheriff dept then you can go back to court today and file an emergency motion with the intent to ask for 72 hours or 5 days. You must have a good reason such as wife expecting a baby or you have kids, or grandmother living and even a disable person living with you. Depending upon your evidence you can bring the landlord back in court on a civil suit and that depends on what collection of evidences that you have to prove your case. Consult with an attorney in your area I am sure that might give you some sound advice.

 

[HomeGuru]

Thank you This has just been a nightmare from day one in this house. We moved in on Feb 1 2003 and during our unpacking we found 4 outlets that did nothing 3 switches that did nothing. Also when we went to plug our computer's in 2 of the rooms we wanted them to go in wouldn't let us because the outlets read faulty. The basement started to flood shortly after we moved in because the sump pump,all the lights, and washer and dryer where wired to the same circuit. We notified them as soon as the problems were noticed.(According to our lease) does not say written in the lease. We received a letter from them dated March 6th saying that they were aware of the problem and were contacting the homeowner on how to proceed. 5 months went by with no help. So I had had enough and told them I wasn't paying rent until these things are fixed. Well you can guess what the outcome was in court by my posting here. I really thought we had a good defence. Also I understand ignorance is no defence but the average person signs a lease and understands that these are the rules and regs you must adhere to. Why would anybody that signs a lease say, well I bet these rules and regs are not legal I better find the real ones. Thats nonsense. Also if the iowa code state that any notice sent has to "personal service" certified mail" or "restricted certified mail" It says NOTHING about regular mail but thats what is accepted. I just don't get it how it seems if you have to follow some of the rules why not ALL. I know I seem mad (thats because I am) but thanks for all the advice.

**A: judging from your post you would have had a valid cause of action against your landord but you failed to follow the proper procedure as stated in the Iowa Landlord Tenant law. That is why you lost the case and now must move.

 

[empowerment]

Although, you may have lost your case in eviction court for non-payment of rent, I still think that you have a case in small claim court with regards to the Landlord failure to make your apartment/home livable. I think the only problem you may face which I don’t think it a big one is that you did not follow proper procedures according to that States Laws regarding Landlord/Tenant dispute. In most States, the law is pretty much the same; you send the Landlord a letter (certified) outlining the issues and problems within your apartment/home. The landlord has a certain amount of time (as stated within your state law) generally 14 or 30 days to respond and or fix the problem. At that time you can pursue to either fix the problems yourself and excluding the expenses you incurred from the rent. Or you can withhold your rent providing that you put it into an escrow account to the problem is fixed. While the laws may vary from State to State, this is generally the procedure involving Landlord refusal to fix problems within your apartment or home. However, since you may have lost in this one because you were not aware of the law or how to approach, I still think that the landlord should be held responsible for failure to fix any of the problems. The burden of proof will fall upon you to prove that in court with either pictures, repair bills etc.