The courts chip away at landlord's rights... - Posted by Daniel Lubell


#1

Posted by Laure on January 22, 1999 at 07:30:25:

Randy, you are correct! Unless you want to keep the Tenant, don’t accept a dime ! Lots of times I issue notices and accept rent, but they are people who have extenuating circumstances and I feel I can trust will adjust their payment style. Sometimes a 5 day notice serves as a “wake up call”. “Don’t screw with me, cuz I mean business”.

I have a guy right now, rent is 800/mo. I went to court, and unfortunately took my attorney. We agreed outside court in the hall that Tenant would come current with rent by past MOnday,and be out by Feb 15. I have called my attorney all week. I mean sometimes every hour, and he won’t talk to me !! I don’t know if he got the 2000.00 or what! I am so stinkin Peeved! I have an appointment with a new attorney on Monday. I am not sure how this will all come out, but I am outraged !

Laure :frowning:


#2

The courts chip away at landlord’s rights… - Posted by Daniel Lubell

Posted by Daniel Lubell on January 22, 1999 at 24:23:14:

Davenport, IA. On Dec 9, 1998, landlord Michael Steen appeared in front of Scott County Iowa housing magistrate Mike Tobey on an eviction for non payment of rent. Although magistrate Tobey acknowledged that all paper work was in order, he denied the eviction on the grounds that “equity requires that the landlord accept rent…” and he made the landlord accept the rent money from the delinquent tenant that should have been evicted.

The problem with this ruling was that there is no such thing in Iowa as this equity theory with regard to rent. After hearing judge Tobey’s ruling, Mr. Steen remarked “this really stinks” whereupon he was promptly held in contempt of court by judge Tobey and imprisoned without bail for 24 hours. After having Mr. Steen escorted from the Courtroom by armed deputies, Mr. Tobey alledgedly turned to the courtroom and said “Are there any other landlords that want to challenge my rulings? If so, I will put your case on top of the pile!”

This is particularly bad because Mr. Tobey was not following any law, but was making it up as he went. We cannot let magistrates change the law on issues like this. So, the Quad City Rental Property Association has agreed to pay some of Mr. Steen’s legal bills and appeal this case up to the Iowa Supreme Court if necessary.


#3

Re: The courts chip away at landlord’s rights… - Posted by Rob FL

Posted by Rob FL on January 22, 1999 at 20:30:35:

Hopefully he will quickly appeal this case. Once it gets overturned on appeal this judge will feel like an idiot. Regardless, I would file a complaint with the state bar association about this judge. We just recently had a judge kicked off the bench here in Orlando for his arrogance and quick temper.


#4

Re: The courts chip away at landlord’s rights… - Posted by Tim Jensen

Posted by Tim Jensen on January 22, 1999 at 07:56:16:

Dan,

I find this interesting. What I think may have happened in this case is that the tenant was given a 5 day notice. Then during that 5 day period they had the rent or part of it and the landlord refused to accept it. I have a feeling that that was what the tenant told the judge and may not be the truth. Surprise to see a tenant lie!

Anyways, this should be a lesson for all landlords. Don’t gripe in court. Take your lumps and smile.


#5

Re: The courts chip away at landlord’s rights… - Posted by Randy -IL-

Posted by Randy -IL- on January 22, 1999 at 01:01:58:

It is truly a shame that common sense doesn’t prevail in some of today’s courts.

My Illinoisan attorney said that if any rent is collected after legal proceedings have begun, the whole eviction process will start over from scratch. At least this is rulings from our local judges. So l have been advised not to accept rents from delinquent tenants who have ignored the 5 day notice. After the five days, I am not to accept anything.

I don’t know how accurate my method is, but it just makes common sense to me.

Randy