• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Tenant Not Recognized By Law

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

stockton

Member
What is the name of your state (only U.S. law)? IOWA

Iowa code 1999 CHAPTER 562A UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW

562A.5 Exclusions from application of chapter.
Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:

5. Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises.
--------------

That was the arrangement I had.

I was told not to return to the premises, they told me my possessions would be brought to a place I could retrieve them. Many items were missing. I gave them a list and I was played around for over 70 days. Finally, I left town.

If iowa will not recognize me as a tenant, what code of law should I demand justice under?

The items amounted to over $1200.00
 


Cvillecpm

Senior Member
Sue in Small Claims......let them explain to the judge why they would not allow you to return for your items and only returned the ones they did....don't overthink the issue!!
 

JETX

Senior Member
What is the name of your state (only U.S. law)? IOWA

Iowa code 1999 CHAPTER 562A UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW

562A.5 Exclusions from application of chapter.
Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:

5. Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises.
--------------

That was the arrangement I had.
First, your statutory cite is out of date.
Second, your entire 'theory' is incorrect.

A COMPLETE read of the 2009 Iowa Code does not say your tenancy was not recognized... only that your tenancy (if it met specific requirements) was NOT covered by the Iowa landlord-tenant law.

Here is the FULL statute:
562A.5 Exclusions from application of chapter.
Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:
1. Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service.
2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest.
3. Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.
4. Transient occupancy in a hotel, motel or other similar lodgings.
5. Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises.
6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a co-operative.
7. Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
8. Occupancy in housing owned by a nonprofit organization whose purpose is to provide transitional housing for persons released from drug or alcohol treatment facilities and in housing for homeless persons.


Simply, what that means is... if you were working for the landlord and he was 'paying' you rent in lieu of wages, you are not a 'real' tenant and the landlord-tenant laws would not apply to you. It does NOT mean you were an 'illegal' tenant or 'not recognized'.

I was told not to return to the premises, they told me my possessions would be brought to a place I could retrieve them. Many items were missing. I gave them a list and I was played around for over 70 days. Finally, I left town.
You can file a lawsuit in small claims for their 'theft' or conversion and claim the CURRENT (market value, not purchase or replacement value) of the goods you say were not returned.
 

stockton

Member
Thank you both for your replies.

Thank you Cvillecpm for the slap. I do over-think many things and this advice shook me to the good.

And thanks JETX, your advice confirms all I need.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top