monday, june 19, 2017 fundamentals of law rooms: …€¦ · christopher warnock , tenants project...

Monday, June 19, 2017 Fundamentals of Law Rooms: 318-320 12:45 - 1:45 Courtroom Etiquette Hon. Lawrence McLellan, District Court Judge, District 5C; Hon. Michael Moon, District Court Judge, District 2B; Hon. Stephen Owen, District Associate Judge, District 2B; and Hon. Nancy Tabor, District Court Judge, District 7 2:05 - 3:05 Common Motions and Pleadings in Civil Matters Andrew Boettger, Hastings Gartin & Boettger LLP 3:15 - 4:15 Practical Landlord Tenant Law Christopher Warnock, Tenants Project

Monday, June 19, 2017 Fundamentals of Law

Rooms: 318-320 Courtroom Etiquette

12:45 p.m. – 1:45 p.m.

Presented by

Hon. Lawrence McLellan District Court Judge, District 5C

Hon. Michael Moon District Court Judge, District 2B

Hon. Stephen Owen District Associate Judge District 2B

Hon. Nancy Tabor, District Court Judge District 7

6/7/2017 1

Ethical Considerations

Nancy S. Tabor, District Court Judge 7th Judicial District Court Scott County Courthouse 400 West 4th Street Davenport, Iowa 52801 563-326-8783 563-326-8218 (fax)

6/7/2017 2

Words To Live By“Always do right.

This will gratify some people and astonish the rest.”

Mark Twain

6/7/2017 3

Professionalism Good lawyers are conscientious

advocates of their clients’ interests, honest in their representations to courts and to opposing counsel, civil to their legal colleagues, and generous contributors of their time and expertise to their communities.

National Action Plan 1999Conference of Chief Justices

6/7/2017 4

“Greater civility can only enhance the effectiveness of our justice system, improve the public’s perception of lawyers, and increase lawyer’s professional satisfaction.”

Justice Sandra Day O’Connor

6/7/2017 5

Minimal StandardsModel Codes of Conduct:Judicial ConductLawyer Conduct

ABAIowa

6/7/2017 6

Role of the Judge Canon 3 A Judge shall perform the duties of

Judicial Office Impartially and Diligently Adjudicative responsibilities

A judge shall require order and decorum in proceedings before the judge.

A judge shall be patient, and courteous to litigants…witnesses, lawyers and other with whom the judge deals in an official capacity and SHALL require similar conduct of lawyers…

6/7/2017 7

A judge shall perform judicial duties without bias or prejudice

A judge shall require lawyers in proceedings before the judge to refrain from manifesting, by words or conduct, bias or prejudice against parties, witnesses, counsel or others.

6/7/2017 8

Caveat: Know your judge Personal perspective Know Court’s schedule

Order hour times Availability of judge at other times

Know expectations of judge Introduce self Ask Court’s preferences:

Approaching witnesses Sitting/standing Exhibits Order of evidence

6/7/2017 9

Ex parte communication Very frequent occurrence

County attorneys and assistants Judge how do I…… Judge every one agrees…or Judge

I sent them notice and no one objects…

Judge I have an oral motion to make…

6/7/2017 10

Courtroom Demeanor Pro Se opponents Difficult colleagues

Derogatory comments towards other counsel

Difficult witnesses Don’t answer how expected or

hoped.

6/7/2017 11

What This Means Difference between a profession

and a business Not self-serving Public Servant

6/7/2017 12

Equal Justice Under the Law

AmbassadorsInstitutional Independence

6/7/2017 13

What do I do now? Find a Mentor Be a Mentor Ask, Ask, Ask

6/7/2017 14

References American Bar Association Web

Site: www.abanet.org Iowa Bar Association Web Site: www.iowabar.org Judicial Branch Web Site: www.judicial.state.ia.us Iowa Code of Professional

Responsibility Iowa Code of Judicial Conduct


Rooms: 318-320 Common Motions and

Pleadings in Civil Matters

2:05 p.m. – 3:05 p.m.

Presented by Andrew Boettger

Hastings Gartin & Boettger LLP 409 Duff Ave

Ames, IA 50010 Phone: 515-232-2501

CommonMotions&PleadingsinCivilMatters

IowaStateBarAssociationAnnualMeetingJune21,2017

AndrewJ.Boettger

Hastings,Gartin,&Boettger,LLP409DuffAve.

Ames,IA50010515.232.2501/[email protected]

“Goodmattermustbepleadedingoodform,inapttime,andindueorder,orotherwisegreatadvantagemaybelost.”Co.Litt.303a. Thevastmajorityofthelegalworktobedoneinacivilmatterisdonewellinadvanceoftrial.Pleadingsandmotionsareattheheartofcivilpractice;theylaythefoundationforyourcase.Casesmayverywellbewonorlost,opportunityformeaningfulandbeneficialnegotiationsforegone,andyourclient’scasedetrimentallyimpactedbyfailingtopleadandmovedeftlyandappropriatelyinacivilmatter. Thisoutlineandthepresentationaccompanyingitcontainmyefforttounpackaworkingoverviewofthefollowing:

1. Whatconstitutesapleading.2. Whatconstitutesamotion.3. Whatrulesgovernandgivedirectiontobothpleadingandmotionpractice.4. Thoughtsoneffectivepleadingpracticeandpitfallsastothesame.5. Thoughtsoneffectivemotionpracticeandpitfallsastothesame.6. Theinterplaybetweenpleadingsandmotions.7. Generalcomments,warstories,andthelike.8. Formsforreference.

I. Whatconstitutesapleadinginacivilaction?

IowaRuleofCivilProcedure1.401describesthepleadingsallowedinacivilaction:

“Thereshallbeapetitionandananswer,areplytoacounterclaimdenominatedassuch,ananswertoacross-claim,iftheanswercontainsacross-claim,across-petition,ifapersonwhowasnotanoriginalpartyissummonedundertheprovisionsofrule1.246,andananswertocross-petition,ifacross-petitionisserved.”

A. THEPETITION:Rules1.402and1.403(*SeeDraftPetitionformattached).a. IDENTIFYYOURCLAIMS/CAUSESOFACTION:

i. Shotgun.ii. Rifle.

b. LOOKATTHEJURYINSTRUCTIONS.i. CanIproveupeachclaim?ii. Keycasesreferenced.

c. Identifyandnameallproperpartiestothelawsuit.(SeeHookv.Lippolt,755N.W.2d514(Iowa2008).P.I.case.PlaintiffdriversuesDefendantdriver.Viainterrogatoryanswers,DefendantrevealsshewasvolunteeringfortheStatewhendrivingduringaccident.SOLranastoclaimagainstState.TheSOLrunswhenplaintiffhasactualorimputedknowledgeofalltheELEMENTSoftheclaim.Defendant-driver’sstatusasvolunteerforStatedoesnotimpacttheSOLcommencing,asthatstatusisnotanelementoftheclaim.Result?PlaintiffSOLastoclaimsagainstState.

i. PRACTICEPOINTER:UtilizeDiscoveryto“smokeout”allpotentialparties,inadditiontoallpotentialcausesofaction.

d. Includeallcompulsorycounter-claims.Rule1.241.e. Prayer/remedies:

i. Compensatorydamagesii. Punitivedamagesiii. Injunctivereliefiv. Specificperformancev. Attorneyfees/interest/costs

f. JuryTrialv.TrialtotheCourt.i. Considerations:

1. Bias.2. Complexity.3. Time.

g. AmendingthePetition.Rule1.402(4).(*SeeAmendedPetitionformandMotionforLeavetoAmendPetitionformattached)

B. THEANSWER:Rule1.405(*SeeDisso.Answerformattached).

a. Includeallaffirmativedefenses.i. SeeRule1.419fordefenses“tobespeciallypleaded”:

1. Contractorwritingsuedonisvoidorvoidable,orwasdeliveredinescrow;

2. Allegesanymatterinjustification,excuse,releaseordischarge;

3. Whichadmitsthefactsoftheadversepleadingbutseekstoavoidtheirlegaleffect…MUSTBESPECIALLYPLEADED.

b. Comparativefault(failuretomitigate)c. Statuteoflimitations.(SeeCh.614.1)

d. Immunityconsiderations.e. Resjudicata(issue/claimpreclusion)f. Self-defense.g. Defenseofproperty.h. Suddenemergencydoctrine.i. Shopkeeperprivilege.j. Goodsamaritanrule.k. Intervening/supercedingcause.l. Soleproximatecause.m. Informedconsent.n. Statuteoffrauds.o. Release.p. ActofGod.q. Legalexcuse.

**PRACTICEPOINTER:Askyourself:“Arethereanypre-AnswermotionsIneedtofile?Ifnot,ismyAnswerresponsivethePetitioninallrespects?HaveIraisedallappropriatedefenses?HaveIpleadallcounter/crossclaims?HaveIbroughtinallothernecessarypartiesinmyresponsive/affirmativepleading?”

C. COUNTERCLAIMS/REPLIES/CROSS-CLAIMS/CROSS-PETITIONS.Rules1.241-

1.246.a. CanIgoonoffenseinresponse?b. CanIgoonoffenseagainstanotherparty/parties?c. Iseveryoneinvolvedthatshouldbe?d. Howhasmyclientbeendamaged?Who’satfaultforthatdamage?Doesthe

claimedlossmeetjurisdictionalthreshold?Forum/Venue/Separateaction?

D. INTERVENTIONS.Rule1.407.a. Ifstatuteconfersrighttodoso.b. InterestinpropertyortransactionANDintervenorsosituatedthat

dispositionofthemattermayimpairorimpedetheirinterest.c. Permissiveintervention:

i. Bystatuteii. Commonquestionoflaworfact.iii. Relyingonclaimordefenserelatedtogovernmentalorder,

regulation,etc.d. MotiontoIntervene.Rule1.407(3)e. Interventionmaybedeniedifattemptingintervenor’sinterestsare

adequatelyrepresentedbytheexistingpartiestotheaction.Rule1.407(4).

E. CALENDARYOURDEADLINES!Rule1.303.SeealsoRule1.441.Also,referenceyourTrialSchedulingOrder,whichmaycontaindeadlinesthat“trump”thegeneraltimelinerules.

II. Whatconstitutesamotioninacivilaction?

a. RULE1.431(1):Amotionisanapplicationmadebyanypartyorinterested

personforanorderrelatedtotheaction.Itisnota“pleading”butissubjecttothecertificationrequirementsofrule1.413(1).(emphasesadded)

i. Captionedandsigned(Rule1.411).ii. Setsoutspecificpointsuponwhichitisbased.iii. Briefcitingauthorities(optional;typically,advisable).iv. Resistance(andoptionalbrief)duewithin10daysofservice.v. Replytoresistancedue7daysafterservice.vi. Affidavitsinsupport(courtmaycompelaffianttoappearforcross).vii. Courttoruleonmotionw/in30daysaftersubmission,unlessextended

ofrecord.

b. 1.431(9):i. CourtmaydeemmotionsubmittedwithouthearingORmayschedulea

hearingonthemotion.ii. Byphone,uponagreementofparties,UNLESSoraltestimonytobe

offered.**PRACTICEPOINTER:Canmovefortestimonytobetakentelephonically,butdon’tbankonit.Inmyexperience,trialcourtjudgesarenottookeenonallowingtestimonybyphone.

COMMONMOTIONSINCIVILACTIONS:

• MOTIONFORMORESPECIFICSTATEMENT.o Rule:1.433o When?o Why?

• MOTIONTOSTRIKE(*SeeattachedMotiontoStrikeform).

o Rule:1.434o When?o Why?

• MOTIONFORCHANGEOFVENUE.

o Rule:1.801-1.808(See1.421(2)).o When?o Why?

COMMONMOTIONS(CONT.):

• MOTIONTODISMISS.o Rule:1.421o When?o Why?

• MOTIONFORPROTECTIVEORDER.


• MOTIONTOSEVERORBIFURCATECLAIMS.


• MOTIONSINLIMINE.

o Rule:Variouso When?o Why?

• MOTIONFORINJUNCTIVERELIEF.


• MOTIONFORSUMMARYJUDGMENT.

o Rule:1.981o When?

§ Mustbefilednotlessthan60daysbeforetrial,perRule1.981(3).§ SchedulingOrdermayprovideanalternatedeadline,socalendar

accordingly.§ EarlierthebetteronSJmotions.

• Youaretryingtoavoidunnecessarytrialprep.§ ResistancetoSJmotionsduewithin15daysoffilingofmotion.§ NospecificRuleallowingforReplytoresistance,butgeneral7daysper

1.432(5),sogoforit,ifyoufeelitisneeded.§ CANseekacontinuanceonMotionforSJtoallowfurtherdiscoverytobe

had,perRule1.981(6).

• NeedanAffidavitthatSPECIFIESwhatdiscoverymustbeemployedtogatherparticularinfoneededtoadequatelyrespondtoSJmotion.

o Why?§ Towinthegamebeforetip-off.Materialfactsnotindispute.Legalissues

onlyfortheCourttoresolve.o **PRACTICEPOINTER:AGOODMSJCONTAINSTHEFOLLOWING:

§ Aclearstatementoffactsnotindispute.§ AsuccinctbutthoroughdescriptionofthelawyouareaskingtheCourt

toapplytoresolvethecasebySJinbriefform.§ Supportingaffidavit(s)thatareactuallygermaneandsupportthe

assertionthatthemattercanberesolvedbySJ.§ Aclean,crisprebuttaltoanticipatedresistancebyopposingparty.

• MOTIONSRELATEDTODISCOVERY(RULE1.500-1.517).[*SeeattachedformMotionto

CompelDiscovery]o InitialdisclosuresperRule1.500haveassistedingettingdiscoverable

informationinhandmuchearlierintheprocess.o **PRACTICEPOINTER:ReviewingwhatyoureceiveviaRule1.500Initial

DisclosurescanassistyouinstreamliningwhatyouneedtoseekviaRogs/Docsrequests.

o **PRACTICEPOINTER:“Youhavenotbecauseyouasknot.”Makesureandincludetheremedies/consequencesyouareaskingtheCourttoimposeifyourMotionforSanctionsisgranted(WARSTORY).

• MOTIONFORPROTECTIVEORDER(RULE1.504).• MOTIONFORPHYSICALANDMENTALEXAM(RULE1.515ANDIACODE85.39).

• MOTIONTOCONTINUE(RULE1.910).

o Signedbycounselo Approvedinwritingbypartyrequesting.o **PRACTICEPOINTER:PAYHEEDTOLOCALRULESONMOTIONSTOCONTINUE.

• VOLUNTARYDISMISSAL(RULE1.943).

o Afterpre-trialresolution.Casesettled.o Theproverbial“dog”ofacase.o Torefileatalaterdateforsomereason,i.e.strategy,byagreement,etc.

• MOTIONFORDEFAULTJUDGMENT(RULE1.972).

o The“othersideissittingonitshands”motion.o **PRACTICEPOINTER:THISISTHEONEMOTIONIHAVEUSEDMUCHMORE

FREQUENTLYTHANIEXPECTEDTOWHENIFIRSTSTARTEDPRACTICING.DON’T

BEAFRAIDTOFILETHISIFTHEOTHERSIDEISNOTPARTICIPATINGDESPITEHAVINGBEENPROPERLYSERVEDNOTICE.

• MOTIONTOSETASIDE(RULE1.977).

o Filewithin60daysafterentryofjudgmento Standard:Mistake,inadvertence,surprise,excusableneglect,orunavoidable

casualty.SeeCentralNationalIns,.Co.ofOmahav.InsuranceCompanyofNorthAmerica,513N.W.2d750(Iowa1994):Thecourtfocusesonfourfactorsindetermining“excusableneglect”–(1)whetherthedefaultingpartyintendedtodefend;(2)whetherthedefaultingpartyassertedaclaimordefenseingoodfaith;(3)whetherthedefaultingpartywillfullyignoredordefiedtherulesofprocedureorwhetherthedefaultwassimplytheresultofmistake;and(4)whetherthereliefiswarrantedshouldnotdependonwhomadethemistake.

• MOTIONTODISMISS–DEFENSES(RULE1.421).

o 1.421(1)Everydefensetoaclaimforreliefinanypleadingmustbeassertedinthepleadingresponsivethereto,orinanamendmenttotheanswermadewithin20daysafterserviceoftheanswer,orifnoresponsivepleadingisrequired,thenattrial.Thefollowingdefensesormattersmayberaisedbypre-answermotion:

a. Lackofjurisdictionofthesubjectmatter.EXAMPLE:b. Lackofjurisdictionovertheperson.EXAMPLE:c. Insufficiencyoftheoriginalnoticeoritsservice.d. Torecastorstrike.e. Formorespecificstatement.f. Failuretostateaclaimuponwhichanyreliefmaybegranted.

• POST-TRIALMOTIONS:

1. JNOVRule1.1003.

a. Hadtohavemovedfordirectedverdictatcloseofevidence.Iffailedtomovefordirectedverdict=waiverofrighttomoveforJNOV.

b. *ApartywhohasJNOVgrantedagainstitmaymoveforanewtrialunderRule1.1004within15daysofthegrantofJNOV,perRule1.1008(2).

2. MotionforNewTrialRule1.1004.Mustbefiledwithin15daysafterfilingofverdict(Rule1.1007).Courtcangrantadditionaltime(upto30days)forgoodcauseshown.Resistancewithin10daysoffilingofMotion.Reply7daysthereafter.

a. Irregularityorabuseofdiscretion.(Rule1.1004(1)).b. Misconductofjuryorprevailingparty.(Rule1.1004

(2)).

c. Accidentorsurprisewhichordinaryprudencecouldnothaveguardedagainst.(Rule1.1004(3)).

d. ExcessiveORinadequatedamagesappearingtohavebeeninfluencedbypassionorprejudice.(Rule1.1004(4)).

e. Errorinfixingtheamountofrecovery,whethertoolargeortoosmall,inanactionuponcontractorforaninjurytoordetentionofproperty.(Rule1.1004(5)).

f. VerdictnotsustainedbysufficientevidenceORcontrarytolaw.(Rule1.1004(6)).

g. Materialevidence,newlydiscoveredevidence,whichcouldnotwithreasonablediligencehavebeendiscoveryandproducedattrial.(Rule1.1004(7)).

h. Errorsoflawoccurringintheproceedings,ormistakesoffactbythecourt.(Rule1.1004(8)).

i. AnygroundstatedinRule1.1003,specifyingthedefectorcausegivingrisethereto.[Rule1.1003beingmaterialfactnecessarytoconstitutecompleteclaimordefense,ordirectedverdictshouldhavebeenissued.]

3. MotiontoVacateorModifyJudgment.Rule1.1012.a. Mistake,neglect,omissionofclerk(1).b. Irregularityorfraudpracticedinobtainingjudgment

(2).c. Erroneousproceedingsagainstaminororpersonof

unsoundmind,whensucherrorsorconditionofminddonotappearintherecord.

d. Deathofapartybeforeentryofthejudgmentororder,anditsentrywithoutsubstitutionofaproperrepresentative.

e. Unavoidablecasualtyormisfortunepreventingthepartyfromprosecutingordefending(thinktsunami).

f. Materialevidence,newlydiscovered,whichcouldnotwithreasonablediligencehavebeendiscoveredattrial,andwasn’tdiscoveredwithin1.1004newtrialmotiondeadline.

*Filedinthesamemannerasanewpetition.**Almostneveractuallyfiledinpractice.

• MOTIONTOENLARGEORAMEND/SHOEHORN“MOTIONTORECONSIDER”Rule1.904.(*SeeattachedMotiontoAmend/Enlargefindingsform)

o Mustbefiledwithin15days(perRule1.1007).Ifnottimelyfiled,notollingofthe30daytimelimittoappeal(SeeHarringtonv.State,659N.W.2d509(Iowa2003).

o Resistanceduewithin10daysoffilingoftheMotion(Rule1.431(4)).o ReplytoResistanceduewithin7daysofrilingoftheResistance(Rule1.431(5)).

Onlynew“stuff”.§ MostcommonsituationtoemployRule1.904:

• InresponsetoSJgrant.• WhenCourtfailedtoaddressanissueraisedbyaparty.• Issueoflaw.

o Errorpreservationo AskingtheCourtto“fix”something.o AskingtheCourttoaddresssomethingoverlooked.

• MOTIONFORNEWTRIAL(RULE1.1004).

INFAMILYLAWMATTERS,BEAWAREOF:

1) UCCJEA(§598B.201-208)–UniformChildCustodyJurisdictionandEnforcementAct(WhichStateSHOULDhavejurisdictionoverthecustodymatter).

2) UIFSA(§252K)/UniformInterstateFamilySupportAct.(Personaljurisdiction/minimumcontacts–dealswithchildandspousalsupport:

a. SimultaneousproceedingsincompetingStates.b. Continuingexclusivejurisdiction(overmatterspreviouslydecided).c. ModificationofotherState’sorder(s).d. Choiceoflaw(§252K.604).

3) PKPA--ParentalKidnappingPreventionAct(28USC§1738A–FederalFullFaithandCredit.

FAMILYLAWFORMS:

• MOTION/APPLICATIONFORHEARINGRE:TEMPORARYMATTERS(DISSO./PATERNITY/CUSTODY).(*SeeattachedformApplication/MotionforHearingre:TemporaryMatters).

• PETITIONFORDISSOLUTIONOFMARRIAGE(*SeeattachedformPetitionforDisso.)

Generalcomments/admonitionsrelativetocivilmotionpractice:**PRACTICEPOINTER:Communicatetheresultsofmotionpracticetoclient.EmailtheorderandashortbreakdownoftheCourt’sorderandconsequences/options(i.e.livewithit,celebrateit,interlocutoryappeal(ifanoption),etc.)**PRACTICEPOINTER:Aweekbeforethedeadlinetoamendpleadings,reviewyourPetition/Answerandverifyyourpleadings(affirmativeorresponsive)addresseverything:

a. Iseverycauseofactionproperlyplead?b. Haveyouraisedallpossibleaffirmativedefenses?c. Iseveryoneinvolvedinthislawsuitthatshouldbe?

**PRACTICEPOINTER:Amonthbeforethediscoverydeadline,ticklertocirclebackonanswerstodiscoverythatwereprovidedbyopposingparty.ArethereInterrogatoriesthatwereunansweredorinadequatelyanswered?Weretheredocumentsthatwererequestedbutnotprovided?Also,reviewyourclient’sanswerstodiscovery.Doesanythingneedsupplemented?Haveadditionaldocumentsbeenfound/identifiedthatneedtobeprovided?**PRACTICEPOINTER:Ifyoumessup,admitit,tellyourclient,anddowhateveryoucantoremedytheerror(FINALWARSTORY).QUESTIONS?COMMENTS?THINGSIREMEMBEREDAFTERSUBMITTINGMYOUTLINE…JTHANKSFORLISTENING!IWELCOMEYOURFEEDBACK/COMMENTS/[email protected]

IN THE IOWA DISTRICT COURT FOR <> COUNTY ______________________________________________________________________________ <>, d/b/a ) <>, ) <> ) <>, ) Law No. ___________________ ) Plaintiff, ) ) vs. ) PETITION AT LAW ) <> ) <> ) <> ) <>, ) ) Defendants. ) ______________________________________________________________________________

COMES NOW, the Plaintiff, <>, d/b/a <>, by and through the undersigned attorney, <>,

of the law firm of <>, <>, <>, <>, IA 5<><>, and states as follows:

1. This action is filed at law.

2. Plaintiff, <>, d/b/a <>, is an Iowa <>, having its principal place of business at <>,

<>, Iowa.

3. Defendant <> is a <> located in <>, Iowa, and <> and <> are the partners therein.

4. Defendants <> and <> are individuals residing in Huxley, Iowa.

COUNT I – BREACH OF CONTRACT<>

5. Plaintiff hereby restates paragraphs one through four as fully stated herein.

6. In <> 2017, Defendants orally agreed to pay the Plaintiff to provide <> according

to the following terms and conditions:

a. Plaintiff would provide <>;

b. Said construction would be completed by <>;

c. Defendant would pay $<> for the materials and labor within 30 days of the

completion of the work;

2

d. Interest would accrue at <>% per annum.

7. Plaintiff complied with the performance required under said oral contract.

8. Defendants have failed to pay the amount required under the said oral contract.

9. By reasons of the Defendants failure to pay what is owed, Plaintiff has suffered

damages in the sum of $<>.

WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally,

in the amount of $<>, plus additional contractual interest as allowed by law, and the costs of this

action.

COUNT II – STATE CLAIM HERE

10. Plaintiff hereby restates paragraphs one through four as fully stated herein.

11. <>

WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally,

in the amount of $<>, plus additional contractual interest as allowed by law, and the costs of this

action.

LAW FIRM NAME,

By_____________________________ ATTORNEY NAME, ISBA # LAW FIRM NAME ADDRESS CITY / STATE / ZIP TEL <> FAX <> EMAIL <> ATTORNEYS FOR PLAINTIFF

IN THE IOWA DISTRICT COURT FOR STORY COUNTY

IN RE THE MARRIAGE OF FIRST MIDDLE LAST AND FIRST MIDDLE LAST Upon The Petition Of | | <> | CASE NO. <> Petitioner, | | And Concerning | | <>, | Respondent. | |

AMENDED PETITION

COMES NOW the Petitioner, by and through the undersigned attorney, and pursuant to Iowa

Rule of Civil Procedure 1.402(4), hereby amends the previously filed Petition in the above-

captioned matter for the purpose of praying for a Dissolution of Marriage in lieu of Separate

Maintenance, and in support thereof states the following:

1. On <>, Petitioner filed the initial Petition herein.

2. On <>, Respondent accepted service of the Original Notice and Petition, a copy of which

is in the Court file.

3. Since the filing of the Separate Maintenance action, Petitioner’s hopes of reconciliation

with the Respondent have eviscerated.

4. The Respondent has neither filed nor served a responsive pleading in this matter.

5. By way of telephonic conversation with <> as attorney for the Respondent, the

Respondent does not have any resistance to this Amended Petition.

6. There has been a breakdown of the marriage relationship to the extent that the legitimate

objects of matrimony have been destroyed and there remains no reasonable likelihood

that the marriage can be preserved.

7. That the appointment of a conciliator pursuant to Chapter 598.16, Code of Iowa, will not

preserve the marriage.

WHEREFORE the Petitioner amends the Petition as set forth above and respectfully prays

for dissolution of the marriage of these parties, temporary and permanent joint legal custody of

the minor child with primary physical care to the Petitioner, continuation of the temporary child

support previously ordered in this cause pending trial or resolution, permanent child support be

ordered consistent with the applicable Child Support Guidelines, disposition of all the real and

personal property of the parties, and for such other relief as the Court may deem equitable in the

premises.

<>, Petitioner,

By _________________________________

ANDREW J. BOETTGER AT0001046 Hastings, Gartin, & Boettger, LLP

409 Duff Avenue Ames, IA 50010 TEL 515-232-2501 FAX 515-232-2525 EMAIL [email protected] ATTORNEYS FOR PETITIONER STATE OF IOWA ) ) COUNTY OF STORY ) I, <>, being first duly sworn on oath, depose and state that I am the Petitioner making the foregoing Amended Petition; that I have read the same and know the contents thereof; that the statements and allegation therein made and contained are true and correct as I verily believe. ____________________________________ <> Subscribed and sworn to before me by the said <> this ______ day of <>, 20<>. __________________________________________ Notary Public, in and for said State and County

IN THE IOWA DISTRICT COURT FOR <> COUNTY

IN RE THE MARRIAGE OF <> and <> Upon The Petition Of | <>, | CASE NO. <> Petitioner, | | And Concerning | <>, | Respondent. | |

MOTION FOR LEAVE TO AMEND PETITION

COMES NOW the Petitioner, by and through the undersigned attorney, and pursuant to Iowa

Rule of Civil Procedure 1.402(4), hereby seeks leave from the Court to amend the Petition in this

case of action for the reasons set forth in the Amended Petition.

WHEREFORE the undersigned attorney requests the Court’s permission to amend the

petition and proceed based upon the claims set forth in the Amended Petition filed in conjunction

with this motion.

Dated <>, 2017. PARTY NAME,

Petitioner,

/s/ ATTORNEY DIGITAL SIGN T: <> Attorney Name / ISBA # F: <> Law Firm Name E: <> Address / City / State / Zip

ATTORNEYS FOR PETITIONER


IN RE THE MARRIAGE OF FIRST MIDDLE LAST AND FIRST MIDDLE LAST Upon The Petition Of | FIRST MIDDLE LAST | CASE NO. <> Petitioner, | | And Concerning | FIRST MIDDLE LAST, | n/k/a | NEW FIRST MIDDLE LAST, | Respondent. | |

ANSWER COMES NOW the Respondent, FIRST MIDDLE LAST, by counsel, and for <his/her> Answer

to the Petitioner’s Petition For Dissolution Of Marriage respectfully states:

1. That the Respondent denies that part of Paragraph 1 as relates to the address of the

Petitioner for lack of information; That the Respondent admits each of the remaining

allegations contained in Paragraph 1.

2. That the Respondent denies each of the allegations contained in Paragraph 2; That for his

further Answer Respondent states his address is STREET ADDRESS, CITY, STATE

ZIP CODE.

3. That the Respondent admits each of the allegations contained in Paragraph 3.


5. That the Respondent admits the allegations contained in Paragraph 5 as relate to legal

custody, primary physical care, visitation and child support; That the Respondent denies

each of the remaining allegations contained in Paragraph 5.

6. That the Respondent denies each of the allegations contained in Paragraph 6.



further Answer Respondent admits Petitioner has driven to CITY, Iowa; That the

Respondent denies each of the remaining allegations contained in Paragraph 8 including

those allegations relating to dates and mileage.


further Answer Respondent states he believes these allegations stem from the Petitioner’s

invitation to each of the children to visit her in <> during the current school year,

specifically <>.




13. That the Respondent denies that part of the Paragraph 13 as relates to CHILD arriving in

<> with an untreated <>; That the Petitioner denies each of the remaining the allegations

contained in Paragraph 13 for lack of knowledge.




17. That the Respondent denies each of the allegations contained in Paragraph 17. WHEREFORE the Respondent, FIRST MIDDLE LAST, by counsel, respectfully Answers the

Petitioner’s Petition and prays the Court enter an Order denying each of the requests set forth

therein; The Respondent further prays for an Order requiring the Petitioner pay the attorney fees

incurred by the Respondent as well as suit money and for such other relief as the Court may

deem just and equitable in the premises.

Dated <>, 2017. <>, RESPONDENT,

/s/ Attorney Signature T: <> Attorney Name / ISBA # F: <> Law Firm Name E: <> Address / City / State / Zip

ATTORNEYS FOR RESPONDENT

Original filed. Copy to: Petitioner’s Attorney – <>

PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above-captioned cause by depositing a copy thereof in the U.S. Mail, postage prepaid, in envelopes addressed to each of the attorneys of record and other parties at the addresses described above on ________________, 2017.

IN THE IOWA DISTRICT COURT FOR <> COUNTY <>, d/b/a <>, :

: LAW NO. <> Plaintiff, : : vs. : MOTION TO STRIKE : <>, :

: Defendant. : ______________________________________________________________________________

MOTION TO STRIKE

COMES NOW the Plaintiff, by and through the undersigned attorney, pursuant to

I.R.C.P. 1.434, moves the Court for an Order to strike from the Defendants’ Affirmative

Defenses the following:

1. Paragraph 1 because it contains an improper conclusion which is not supported by

pertinent, relevant, or material facts because:

a. Defendants allege that Plaintiff “waived his right to recovery under the

service contract”.

b. However, Defendant fails to allege any facts supporting the conclusion

that Plaintiff waived his right to recovery.

c. A conclusion in a pleading is subject to a motion to strike where no

relevant nor material facts are alleged to support the conclusion. Hutchinson v. Des Moines

Housing Corp., 84 N.W.2d 10 (Iowa 1957) (upholding the trial court’s sustaining a motion to

strike for failure to plead proper and pertinent facts needed to support a conclusion).

2. All of Paragraph 2 because it is an improper conclusion which is not supported by

pertinent, relevant, or material facts because:

a. Defendant alleges it has been inexplicably “released from further

performance as contract obligations have been set aside”.

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b. However, Defendant fails to allege any facts supporting its conclusion that

the contract obligation has been set aside.

c. A conclusion in a pleading is subject to a motion to strike where no

relevant nor material facts are alleged to support the conclusion. Hutchinson v. Des Moines

Housing Corp., 84 N.W.2d 10 (Iowa 1957) (upholding the trial court’s sustaining a motion to

strike for failure to plead proper and pertinent facts needed to support a conclusion).

WHEREFORE, the Plaintiff respectfully requests the Court to enter an order striking

each and all of the foregoing from said pleading.

Respectfully submitted,

By________________________________ <> <> <> <> ATTORNEYS FOR PLAINTIFF Original filed. Copy to: <>

Proof of Service The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on ___________________________, 20____ By: [ ] U.S. Mail [ ] FAX [ ] Hand Delivered [ ] Overnight Courier [ ] Certified Mail [ ] Other Signature ___________________________________

IN THE IOWA DISTRICT COURT FOR <> COUNTY <>, :

: CASE NO. <> Plaintiff, : : vs. : MOTION TO COMPEL : DISCOVERY <>, : :

Defendant. : ______________________________________________________________________________

COMES NOW the Defendant, <>, by and through the undersigned attorney, and pursuant

to Iowa Rules of Civil Procedure 1.517 moves the Court to compel discovery requested by the

Defendant from the Plaintiff and in support thereof states the following:

1. That on <>, 2017, the undersigned served upon the Plaintiff’s attorney, <>

Defendant’s First Set of <> Propounded to Plaintiff.

2. That since the service upon Plaintiff’s attorneys on <>, the

undersigned has attempted to secure Answers to the propounded <>s, to no avail.

3. That the undersigned’s good faith attempt to resolve the issue of securing said

answers includes telephonic request for the Answers on <>, 2017; <>, 2017; and again on <>,

2017.

4. That the undersigned submitted multiple requests via fax and email to Petitioner’s

counsel requesting said discovery, and indicating a desire to allow resolution of the issue of the

Answers being provided without having to call upon the Court to intervene.

5. That despite assurances from counsel for the Plaintiff as recently as <>, 2017, that

the Answers were forthcoming, the undersigned still awaits their production.

6. That the undersigned and his client are materially and adversely impacted by

Plaintiff’s failure to produce the requested discovery in preparing a ready defense to the Petition

at trial, which is scheduled for <>, 2017.

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WHEREFORE, the Defendant respectfully requests the Court order the Plaintiff to

provide full and complete answers to each of said <>s, sanction said Defendant as appropiate,

and tax costs and fees and reasonable attorney’s fees against the Plaintiff for Defendant’s costs in

bringing this motion before the Court, and ordering any other such relief as the Court deems just

and equitable in the premises.

Respectfully submitted,

By________________________________ ANDREW J. BOETTGER, AT0001046 Hastings & Gartin, LLP 409 Duff Avenue, PO Box 1794 Ames, IA 50010-6395 TEL 515-232-2501 FAX 515-232-2525 EMAIL [email protected] ATTORNEYS FOR DEFENDANT Original filed. Copy to: Opposing Counsel / Address

Proof of Service The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on ___________________________, 2017 By: [ ] U.S. Mail [ ] FAX [ ] Hand Delivered [ ] Overnight Courier [ ] Certified Mail [ ] Other Signature ___________________________________

IN THE IOWA DISTRICT COURT FOR __________________COUNTY | UPON THE PETITION OF |

| Case No.: _______________ _____________________, |

| Petitioner, | MOTION TO AMEND OR

AND CONCERNING | ENLARGE FINDINGS AND _____________________, | CONCLUSIONS

| Respondent. |

COMES NOW, the [Respondent or Petitioner],_________________, and hereby moves

the Court to amend or enlarge the findings and conclusions of the Court and in support thereof

states:

1. Rule 1.904(2) of the Iowa Rules of Civil Procedure provides in relevant part that “the

findings and conclusions may be enlarged or amended and the judgment or decree

modified accordingly or a different judgment or decree substituted.”

2. The Court in its ruling dated, ___________________, denied…

3. It has long been held by the Courts that…[cite case law if applicable].

WHEREFORE, the [Respondent or Petitioner] moves the Court to expand and amend its

findings of fact and conclusions of law to properly reflect the circumstances presented.

Respectfully Submitted,

____________________________ [Your Name Here]

IN THE IOWA DISTRICT COURT FOR <> COUNTY _________________________________________________________________________ IN RE THE MARRIAGE OF xxx and xxx Upon the Petition of ) ) EQUITY NO. CDDM_________ xxx, ) ) Petitioner, ) ) And Concerning ) APPLICATION FOR ) TEMPORARY CUSTODY,

xxx, ) VISITATION, AND CHILD ) SUPPORT

Respondent. ) _________________________________________________________________________

COMES NOW the Petitioner, xxx, and states the following in support of his Application

for Temporary Custody, Visitation, and Child Support:

1. That Petitioner resides at xxxxxxxxxxxxxx.

2. The Respondent resides at xxxxxxxxxxxxxxxxxxxxxx.

3. That the parties were married at XXXXXXXXXXX, on XXXXXXXDATE.

4. The parties have X minor child(ren), XXXnamexxxxx, born xxxxxxxxx.

5. Throughout the course of the parties’ marriage, the Petitioner has attended

XXXXXXXXXXXXXXXXs school functions and conferences, many times taking vacation

time to do so. The Petitioner and XXXXX engage together with frequency in various

extracurricular activities together, including bike riding, swimming, hiking, constructing

mechanical toys and doing yard work. The Petitioner is vitally engaged in the parenting of

XXXXXXXXX.

6. The minor child has recently been residing with the Respondent during the

week, and with the Petitioner during the weekends, with Respondent’s mother providing care for

the minor child during the week.XXXXXXXXXXXXXXXXX

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7. Throughout the course of the parties’ marriage, the Petitioner has been the

primary wage earner for the family.

8. The Respondent owes a duty of support to the minor child.

9. It is in the best interest of the minor child that the Court enter an order granting

the parties temporary joint legal custody of their minor child, grant the Petitioner temporary

primary physical care of the parties’ minor child, awarding the Respondent temporary liberal and

reasonable visitation with the minor child, and ordering the Respondent to pay temporary child

and medical support in an amount which is commensurate with the uniform Child Support

Guidelines.

WHEREFORE the Petitioner respectfully prays that the Court enter an Order which

grants the parties temporary joint legal custody of their minor child, places temporary physical

care of the parties’ minor child with the Petitioner, grants the Respondent temporary liberal and

reasonable visitation with the parties’ minor child, and orders the Respondent to pay temporary

child and medical support in an amount which is commensurate with the Uniform Child Support

Guidelines. In addition, the Petitioner hereby prays for such further and additional relief as the

Court deems just and equitable in the premises.

________________________________ <> <> <> <> ATTORNEY FOR PETITIONER Original filed. Copy to: <>

Proof of Service The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on ___________________________, 20____

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By: [ ] U.S. Mail [ ] FAX [ ] Hand Delivered [ ] Overnight Courier [ ] Certified Mail [ ] Other Signature ___________________________________


IN RE THE MARRIAGE OF FIRST MIDDLE LAST AND FIRST MIDDLE LAST Upon The Petition Of | FIRST MIDDLE LAST | CASE NO. <> Petitioner, | | And Concerning | FIRST MIDDLE LAST, | n/k/a | NEW FIRST MIDDLE LAST, | Respondent. | |

ANSWER COMES NOW the Respondent, FIRST MIDDLE LAST, by counsel, and for <his/her> Answer

to the Petitioner’s Petition For Dissolution Of Marriage respectfully states:

1. That the Respondent denies that part of Paragraph 1 as relates to the address of the

Petitioner for lack of information; That the Respondent admits each of the remaining

allegations contained in Paragraph 1.


further Answer Respondent states his address is STREET ADDRESS, CITY, STATE

ZIP CODE.



5. That the Respondent admits the allegations contained in Paragraph 5 as relate to legal

custody, primary physical care, visitation and child support; That the Respondent denies

each of the remaining allegations contained in Paragraph 5.




further Answer Respondent admits Petitioner has driven to CITY, Iowa; That the

Respondent denies each of the remaining allegations contained in Paragraph 8 including

those allegations relating to dates and mileage.


further Answer Respondent states he believes these allegations stem from the Petitioner’s

invitation to each of the children to visit her in <> during the current school year,

specifically <>.




13. That the Respondent denies that part of the Paragraph 13 as relates to CHILD arriving in

<> with an untreated <>; That the Petitioner denies each of the remaining the allegations

contained in Paragraph 13 for lack of knowledge.




17. That the Respondent denies each of the allegations contained in Paragraph 17. WHEREFORE the Respondent, FIRST MIDDLE LAST, by counsel, respectfully Answers the

Petitioner’s Petition and prays the Court enter an Order denying each of the requests set forth

therein; The Respondent further prays for an Order requiring the Petitioner pay the attorney fees

incurred by the Respondent as well as suit money and for such other relief as the Court may

deem just and equitable in the premises.

Dated <>, 2017. <>, RESPONDENT,

/s/ Attorney Signature T: <> Attorney Name / ISBA # F: <> Law Firm Name E: <> Address / City / State / Zip

ATTORNEYS FOR RESPONDENT

Original filed. Copy to: Petitioner’s Attorney – <>

PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above-captioned cause by depositing a copy thereof in the U.S. Mail, postage prepaid, in envelopes addressed to each of the attorneys of record and other parties at the addresses described above on ________________, 2017.


Rooms: 318-320 Practical Landlord Tenant Law

3:15 p.m. – 4:15 p.m.

Presented by Christopher Warnock

Tenants Project Iowa City, IA

Phone: 319-358-9213 Email: [email protected]

Practical Landlord Tenant Law

Christopher Warnock

The Tenants Project

(319) 358-9213 http://www.ictenantsclassaction.com/ [email protected]

I. What is the Landlord - Tenant Relationship? Conceptual Models First practical necessity is a good conceptual model. Can't assist clients or decide case without understanding what landlord tenant relationship actually is. Two key components of Landlord-Tenant relationship are (1) unequal power relationship (generally); (2) mixed property/contractual/statutory-common law relationship Not judging, just trying to see clearly. A. History of Landlord Tenant Relationship Relationship has roots in feudal society, landlord really was a lord. Tenants often serfs, bound to the land, obliged to pay rent, give services to landlord, landlord was judge. 18

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th century in America, often agricultural. Some long term to tenant

farmers, responsible for building, maintaining structures, fences, etc. Also, short term sharecropping. Landlord tenant relationship is seen as property conveyance, term of years versus life estate. 1960s judicial recognition that residential leases were predominately short term, urban, necessity of repair and maintenance by landlord resulted in implied warranty of habitability. In Iowa Mease v Fox, 200 N.W.2d 791 (1972). As matter of common law, courts recognized that residential landlord tenant relationship was contractual, mutual rights and responsibilities, landlord repairs and maintenance, tenant pays rent. 1978 Iowa adopts Uniform Residential Landlord Tenant Act ("IURLTA") codifies contractual reciprocal landlord tenant relationship, "pay rent, do repairs" new paradigm, but retains older property model as well. B. Unequal Power Relationship 1. Landlord - Greater Knowledge Resources Deference to Property Owner As a general rule landlord has upper hand, almost always drafts lease, has legal advantages, definitely true in residential, typical, but not always in farm and commercial. Landlords greater resources and knowledge, more self reliant, willing to go to court, can threaten eviction, in residential setting can keep security deposit, have practical means to enter tenant's unit at will. Key advantage is basic deference to property ownership, embodied in law and in people's attitudes, leads to view that push comes to shove landlord should have control over and should have benefit of property.

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2. Tenants Less Resources Knowledge, Not Property Owner Residential tenants, less resources & knowledge, often intimidated or believe that property owner has complete control, unwilling to confront landlord or go to court, unable or unwilling to stand up for themselves. Unwillingness to confront landlord, either in court or even raising issues during tenancy means, as a practical matter, no rights at all. Tenant, as practical matter has landlord's property held hostage, can refuse to pay rent or judgment. 3. Example of Advantages to Landlord built into law: (1) FED, §648, very fast timetable, in practice no defense to failure to pay rent, get paperwork right, writ of possession issues, state power mobilized to evict tenant (2) Joint and several liability, §613.1, multiple tenant, one doesn’t pay rent or other contractual liabilities, others must pay. Damage liability = prohibited indemnification? 562A.11(1)(d) (3) 631.14(2)(a) landlord need not be plaintiff, doesn't need lawyer, management company may appear, and may appear through employee! C. Mixed Property, Contractual, Common Law/Statutory Relationship Residential, commercial and farm leases, all include property, contractual and statutory/common law features. Deepest strata is property based. Lease, even in residential setting, still has nature of conveyance, giving property rights to tenant for term of lease. Heavily modified in residential setting by warranty of habitability and IURLTA, but significant statutory requirements for agricultural leases, least regulation of commercial leases. 1. Examples of mix of property, contract and statutory relationships (1) Farm lease more than 5 years, treated like a conveyance, must record lease Iowa Code §558.44 Practice Tip: may record memorandum of the lease, list parties, describe property, length, renewal rights, etc. (2) Lease landlord access & visitors. Have had residential landlords try to bar particular guests of tenants by giving trespass notice to local sheriff. Illegal! Practice Tip: §562A.27A allows landlord to terminate lease for clear and present danger, includes guests. Note that §562A.27A (3)(a)(3) tenant can stop termination by informing guest that they are trespassing, implies tenant not landlord determines trespassing. Tenancy here considered as property, tenant for term of lease has "exclusive possession and control, Altavista v. Mauer, 842 N.W.2d 680 (Iowa App. 2013); the right to exclude others “one of the most essential sticks in the bundle of rights that are commonly

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characterized as property”) State v Paye, No. 14–0183 (Iowa 2015) Could be also be characterized as breach of covenant of quiet enjoyment. Interesting example of rare situation where commercial tenant has more rights than residential tenant. Altavista Court refused to alter common law to give commercial landlord right of entry, but of course this is standard in commercial leases. §562A.19 gives wide range of access to landlords in residential leases. Practice Tip, residential unit access is significant "tension point" both landlords and tenants upset about it. Best approach is for both sides to be reasonable and work together, no practical legal remedy. (3) Fixtures & Improvements. Personally had two very interesting cases in less than a week. First, my client was landlord, sued by residential tenant for deposit, but tenant also claimed for improvements he made in unit. "In the absence of an agreement by a landlord to pay for improvements a tenant cannot recover" Resnick v. City of Fort

Madison, 145 N.W.2d 11, 14 (Iowa 1966). Such an old rule has Latin maxim, the English common law of fixtures derived from the Latin maxim "quicquid plantatur solo, solo cedit" meaning "whatever is annexed to the land becomes land." Major exception for trade fixtures, tenant adds during tenancy to carry on trade, eg ice cream store adds refrigerators, can remove before end of tenancy, if not landlord keeps them. Pella Plastics, Inc. v. Engineered Plastic Components, Inc., 698 N.W.2d 337 (Iowa App. 2005). Case settled, but magistrate indicated would have found for us. Next situation, advised tenant who owned house, but not land, leased land. Very unusual, land lease or ground lease, used in Manhattan and London, UK, usually very long term, 25, 50, 99 year leases in London, owned by Duke of Westminster. No reported Iowa cases, I could find. Very disadvantageous to tenant, annual lease, but did have option for landlord to buy house if lease terminated. Otherwise if lease terminated house goes to landlord! §560 allows someone who made improvement thinking in good faith they were landowner to get value of improvement if it turns out not landowner. So good examples of mix of property, contract and statute, plus unequal power relationship tilted towards landlord. Need to be able to synthesize the interaction of the lease (contract), applicable statutes and conveyance of property interest to fully understand landlord tenant relationship in any particular setting. C, Conceptual Model Problems Landlord ("It's my property!") Thinking this way gets landlords in trouble during the tenancy. Landlords have granted significant property rights to the tenant during this period, for many purposes they exercise the rights of a property owner. Practice Tip: All tenancies, residential, commercial and agricultural require eviction, ie forcible entry and detainer action, Iowa Code §648, to regain possession, self help is illegal!

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Tenant ("Gimme my rights!") (1) all rights have reciprocal obligations. Practice Tip: As a practical matter if the tenant has unpaid rent, the magistrate will evict them. Tenants should not stop paying rent as retaliation for landlord actions. (2) Second, rights do not assert themselves. Tenants must be willing to confront landlord and go to court or "rights" are meaningless. Practice Tip: when landlord tenant issues arise, first check applicable statutes, but don't stop there, remember to keep digging and see if common law, particularly property and ownership principles apply as well. II. Forcible Entry & Detainer ("FED") §648 aka Evictions Necessary to terminate ALL tenancies, including farm, commercial, mobile home and residential. Capital Fund 85 v. Priority Sys., 670 N.W.2d 154, 159 (2003) (intent FED statute is to prevent self-help and violence and, instead, provide legal process for regaining possession of real property) Can be extremely difficult to do, highly technical. Lots of variation between magistrates. Timing is tricky. Landlords complain about this, but as one 6th District judge said to me, "if paperwork is in place, we have to grant it" Very fast, streamlined process, need to make sure tenant is not getting bulldozed. See Johnson County FED Guidelines Attached, watch timing particularly mail 4 days to take effect, 3 day notice = 7 days. (1) Serve 3 Day Notice, follow §562A.29A (2) Serve FED Original Notice & Petition, follow §648.5(2) (3) Hearing within 8 days or 15 days if waived, §648.5(1) (4) Obtain Writ of Possession, take to sheriff for eviction In practice rent due, FED granted, if magistrate is satisfied process properly handled. FED speedy, limited, almost emergency action. Only limited circumstances, §648.1, used for holdover tenants, tenants violating lease and non-payment of rent by tenants. 30 days peaceable possession bars FED, §648.18, must file suit within 30 days after breach, ie non-payment of rent. Can file for money judgment, but not get tenant evicted if wait.

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III. Recent Landlord Tenant Law Cases: De Stefano & Caruso De Stefano v. Apts. Downtown, 879 N.W.2d 155 (Iowa 2016) and Caruso v. Apts.

Downtown, 14-1783 (Iowa 2016) are important landlord tenant cases, with significant rulings: (1) delineating what landlords can deduct from security deposits, in particular making it clear that landlords cannot deduct for automatic carpet cleaning, but may deduct for carpets dirty beyond ordinary wear and tear and leaving the question of non-refundable cleaning fees open; (2) limiting landlords' ability to shift the cost of repairs and maintenance onto tenants; (3) preventing a landlord from unreasonably refusing permission to sublease; (4) requiring actual knowledge as the standard for punitive damages for knowing and willful use of prohibited lease provisions; (5) making actual dishonesty the standard for punitive damages for bad faith withholding of a security deposit; (6) classifying statutory attorney fees in a landlord tenant action as costs for purposes of determining the $5000 jurisdictional limit of small claims. A. Security Deposit Deductions Must Comply with §562A.12 1. Automatic Carpet Cleaning Security Deposit Deduction Probably the issue with the greatest practical impact for Iowa landlords and tenants was the De Stefano Court's ruling on automatic carpet cleaning. Many Iowa standard leases, though not the Iowa State Bar Association lease, required that tenants, at the end of the tenancy, automatically pay for professional carpet cleaning, either by a direct deduction by the landlord from the security deposit or through a lease provision that required the tenant to hire a professional carpet cleaning from an approved list or have their security deposit charged. The De Stefano Court held,

The problem with the carpet-cleaning provision is that it generates an automatic deduction from the rental deposit even when none of the conditions of section 562A.12(3) have been met. For example, suppose a tenant had Mary Poppins and her magical “Spoonful of Sugar” team restore the carpet to a pristine state at the end of the leasehold. Certainly, an additional carpet cleaning would not be necessary. Nonetheless, the charge would still apply.

De Stefano at 50-1. The De Stefano Court further explained,

What a landlord cannot do, however, is impose an automatic

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carpet-cleaning fee and deduct such charges from a rental deposit. See Chaney, 720 N.E.2d at 944; Albreqt, 477 N.E.2d at 1153. Under the IURLTA, “[i]f the rental deposit or any portion of a rental deposit is withheld for the restoration of the dwelling unit,” the landlord must provide notice and the tenant must have an opportunity to contest actual damages. Iowa Code § 562A.12(3). A landlord cannot by contract

extract a waiver of the notice and opportunity to contest provisions when

funds are withheld from the rental deposit. Id. § 562A.11. De Stefano at 53. In other words, automatic carpet cleaning provisions are illegal because they short circuit the protections of the IURLTA and charge the tenant for carpet cleaning even if the carpet is clean. This ruling explicitly prohibits a direct security deposit deduction by a landlord for automatic carpet cleaning, but the rationale applies with equal force to a provision that charges tenants' deposits if they fail to hire a professional carpet cleaner at the end of their tenancy. 2. Deduction for Carpet Dirty Beyond Ordinary Wear & Tear The De Stefano Court made it clear, however, that §562A.12(3)(b), "clearly authorizes the deduction of carpet-cleaning costs from rental deposits if necessary to restore the dwelling unit to the condition at the commencement of the tenancy, beyond the ordinary wear and tear." De Stefano at 53. This is an important point to emphasize as some tenants and even landlords are under the mistaken impression that tenants cannot be charged for any carpet cleaning. They clearly can be, if the carpet is soiled beyond ordinary wear and tear, but the landlord must first inspect the premises, itemize the damage and follow the other requirements of §562A.12 in order to deduct from the tenant's security deposit. B. Non Refundable Carpet Cleaning & Other Charges 1. Non Refundable Charges Cannot Be Deducted From Security Deposit In dicta the De Stefano Court also stated that, "[i]t is possible that a landlord may be able to impose a nonrefundable charge on tenants for automatic carpet cleaning." De

Stefano at 53. But Court made it clear this must be a separate charge and cannot be deducted from the security deposit as the purpose of a security deposit,

…is to ensure the tenant faithfully executes her or his duties under the lease agreement. See Iowa Code § 562A.6 (defining a rental deposit as “a deposit of money to secure performance of a residential rental agreement”). The

rental deposit is not designed to serve as an advance payment of amounts

that will always be due under the lease.

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De Stefano at 52. The DeStefano Court cites several out of state cases with examples of charges that were always due under the lease and thus could not be deducted from the security deposit, including move-in, pet, redecorating and carpet cleaning fees. De Stefano at 52. However, the Court declined to address the legality of these fees under Iowa law and declined specifically to rule on the legality of an automatic carpet cleaning fee that was not deducted from the security deposit. Based on the rationale it articulates in De Stefano and in Caruso and considering the requirements of the IURLTA, not only can this type of pre-paid charges and fees not be deducted from the security deposit, but they can only be imposed by a landlord under limited circumstances. 2. Non-Refundable Charges Cannot Be Used to Shift Cost of Landlord's Statutory Duties First, as the Supreme Court held in both De Stefano and Caruso v. Apts

Downtown, "…a landlord cannot shift the financial costs of repairs necessary to comply with its duty of fitness and habitability under Iowa Code section 562A.15 to the tenant." Caruso at 12; citing De Stefano at 49. Under §562A.14, " [a]t the commencement of the term, the landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and section 562A.15." Iowa Code §562A.15 requires that the landlord comply with applicable building and housing codes and keep the premises in, "fit and habitable condition" Iowa Code §562A.15(1)(a)&(b). Therefore, the landlord is required at the beginning of the tenancy to provide the tenant with carpets that are clean enough to be fit and habitable. The landlord cannot require a tenant to pay a non-refundable charge or fee for carpet cleaning necessary to bring the carpet in a unit up to a fit and habitable state. If the carpets are fit and habitable and the tenant wishes additional cleaning above and beyond merely clean carpets, they can negotiate with the landlord for the cost of additional cleaning. Similarly, with regard to a move-in or other charges, this charge must not be for costs necessary to comply with the landlord's statutory duties, including the duty to provide a unit that complies with §562A.15 at the beginning of the tenancy. 3. Non-Refundable Charges Must Benefit the Tenant Charged Secondly, who gets the benefit of the cleaning, remodeling and other charges is also extremely important. Iowa Code §562A.15(2) regulates landlord charges for repairs, maintenance tasks, alterations and remodeling for tenants in single family homes and §562A.15(3) regulates these charges for multi-unit buildings. Section 562A.15(2) requires that any agreement for tenants in a single family house with regard to repairs, maintenance tasks, alterations and remodeling be in writing and be entered into in good faith. Section 562A.15(3) requires that for tenants in multi-unit buildings that any agreement for repairs, maintenance tasks, alterations and remodeling be set forth in a

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separate agreement, made in good faith and supported by adequate consideration and in addition, this separate agreement cannot be a condition to an obligation or performance of a rental agreement. Iowa Code §562A.15(3)(a) & (4). Tenants in a multi-unit building cannot be charged for repairs, maintenance, alterations or remodeling unless they are the ones who get the benefit, otherwise there is a failure of consideration, i.e. the benefit is to the landlord or other tenants and the detriment (the cost) is to the tenant. See Doggett v. Heritage Concepts, Inc., 298 N.W.2d 310, 311 (Iowa 1980) If, for example, the landlord wishes to charge a non-refundable fee and provide professional carpet cleaning in a multi-unit building, they must do so at the beginning of the tenancy so the tenant who is paying for the carpet cleaning gets the benefit. The consideration for the charge cannot be entering into the lease itself because §562A.15(4) specifically requires that the separate repair, maintenance, alteration and remodeling agreement not be conditioned on the existence or compliance with the rental agreement. With regard to tenants in single family homes, the Tenants' Project would argue that a pre-paid charge that does not benefit the tenant, e.g, charging the outgoing tenant to clean the carpet for the incoming tenant, is either in bad faith under §562A.15(2) or unconscionable under §562A.7. The landlord is simply using their superior knowledge and bargaining power to force the tenant to pay for a service for which they receive no benefit. C. Can Landlords Shift the Responsibility for Repairs and Costs to Tenants? A key issue in both De Stefano and Caruso was the extent to which landlords could shift the responsibility to make repairs to tenants and how far landlords could go in requiring tenants to pay for the costs of repairs. 1. Can the Warranty of Habitability Be Waived? A major change in modern landlord tenant relations was the introduction of the implied warranty of habitability to residential leases. This required that the landlord ensure that the premises are safe, sanitary and fit for habitation and complied with applicable housing laws. See Meese v. Fox, 200 N.W.2d 791, 796 (Iowa 1972) and Iowa Code §562A.15 (landlord's responsibilities for repair and maintenance). In De Stefano the landlord argued that under §562A.15(2) that it could contractually waive the warranty of habitability and require the tenant to be responsible for making all repairs and maintenance including those required for safety and habitability. While the De Stefano Court was clearly unsympathetic to allowing waiver of the warranty of habitability, see De Stefano at 30-47, it declined to rule on this issue. 2. Landlords May Not Do Repairs and Shift the Cost to Tenants Instead the De Stefano Court held that, "Section 562A.15(2) permits tenants to agree to make certain repairs, but it does not authorize the landlord to make repairs and

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then shift the costs to the tenants." De Stefano at 48. In addition, "…a landlord cannot shift the financial costs of repairs necessary to comply with its duty of fitness and habitability under Iowa Code section 562A.15 to the tenant." Caruso at 12; citing De

Stefano at 49. Therefore, as a general rule any repairs made by the landlord must also be paid for by the landlord. A landlord can only charge a tenant for repairs made by the landlord if the tenant violates their statutory obligations under §562A.17, for example, deliberately causing damage to the premises, and either (1) during or after the tenancy the landlord complies with the requirements of §562A.28 or (2) if the landlord wishes to deduct the cost of repairs from the security deposit they comply with §562A.12. D. Landlord Cannot Unreasonably Withhold Consent to Sublease The De Stefano Court held that if a lease permits subleasing, even if does not explicitly require that the landlord act reasonably that there is an implied standard of reasonableness and thus a landlord may not unreasonably withhold consent to sublease. De Stefano at 50-1. Note that even if the lease had stated that the landlord had "sole discretion" or "absolute discretion" to consent to subleasing that the landlord must "…exercise that discretion in a reasonable manner on the basis of fair dealing and good faith." Midwest Management v. Stephens, 291 N.W.2d 896, 912 (Iowa 1980) citing City

of Bowling Green v. Knight, 216 Ky. 838, 840-41, 288 S.W. 741, 742 (1926); Richard

Bruce & Co. Inc. v. J. Simpson & Co., Inc., 40 Misc.2d 501, 504, 243 N.Y.S.2d 503, 506 (1963) ("absolute discretion" interpreted to require reasonable discretion based on fair dealing and good faith). E. Punitive Damages for Knowing & Willful Use of Prohibited Provisions Requires Actual Knowledge on the Part of the Landlord Under 562A.11(2), if a landlord willfully uses a rental agreement containing provisions known by the landlord to be prohibited the tenant may recover up to three months' rent as punitive damages. The Caruso court ruled that the tenant must show that the landlord had actual knowledge that the provisions were prohibited. Caruso at 13. Knowledge can be established thorough direct or circumstantial evidence, but circumstantial evidence must be sufficient both to infer the person's mental state and conclude a reasonable person simply could not have known otherwise. Thus, actual knowledge can be established by circumstantial evidence only in rare cases. Caruso at 13. However, now that the Supreme Court has ruled on the issues presented in De

Stefano and Caruso, while this precedent is not enough by itself to prove knowledge, the existence of the precedent should be considered by the finder of fact. Caruso at 15. F. Punitive Damages for Bad Faith Withholding of a Security Deposit Requires Actual Dishonesty on the Part of the Landlord Under 562A.12(7) the bad faith withholding of a security deposit by a landlord currently subjects the landlord to punitive damages of up to two months rent. The De

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Stefano Court held that bad faith requires dishonesty in fact. De Stefano at 57-8. The landlord’s intention must be dishonest and a mere mistake or conflicting evidence on a disputed question of fact do not establish bad faith. De Stefano at 58. The burden of proving bad faith rests with the tenant and may be established by substantial circumstantial evidence as well as by substantial direct evidence. De Stefano at 58. G. The $5000 Jurisdicational Limit of Small Claims Does not Include Attorney Fees Under IURLTA Under Iowa Code §631.1 the small claims division of the district court has subject matter jurisdiction over cases where the amount in controversy is $5000 or less, exclusive of interest and costs. The De Stefano Court held that statutory attorney fees under Iowa Code §562A.12(8) are classified as costs and thus not included in the amount in controversy for small claims cases. De Stefano at 12-30.

IV. Recent Landlord Tenant Cases: Kline & Gaffey Kline v. Southgate, No. 15-1350 and Walton v. Gaffey, No. 15-1348 are important landlord tenant cases that were pending at the time of the submission of this outline in April of 2017. In all likelihood they will be decided by the time of the State Bar meeting and if so I will discuss them. Key Issues are: (1) Do tenants need actual monetary damages in order to get punitive damages for the use of prohibited lease provisions under §562A.11? At oral argument court appeared to be leaning towards yes. (2) Can tenants get a declaratory judgment as to the legality of lease provisions even if the provisions were not enforced? At oral argument court appeared to be leaning towards yes. (3) Does IURLTA require landlords to charge only actual damages or are there situations in which the landlord can charge liquidated damages? Unclear as to court's views at oral argument.

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SAMPLE 7 DAY LETTER

Tenant Version

[Your name & address here]

[date sent] [Landlord name] Re: [unit number and address] Dear [Landlord],

We notified you on [date of notification] that [describe problem]. As of [date sent] it has not been fixed.

Pursuant to Iowa Code Section [562A.21(1)] I am giving you written notice that

our lease for [unit number and address] will terminate on [not less than 7 days after date sent, can be longer] unless [described problem] is completely fixed.

Very truly yours, [names of tenants] Tenants at [unit number and address]

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SAMPLE THREE DAY NOTICE

AAA APARTMENT RENTALS

1111 Iowa Ave Phone: 319-555-5555 Iowa City, IA 52240 Fax: 319-555-5555 ____________________________________________________________________

Three Day Notice of Non-Payment of Rent pursuant to Iowa Code §562A.27

This Notice was posted on April 3, 2017

To: Tenant John Doe Premises: 630 S. Main., Apt #555 Iowa City, IA 52240 You are hereby notified that rent due under your rental agreement in the amount of $600 for the month of April, 2017 for the premises is past due and unpaid. If the rent is not paid within three days after receiving this notice, landlord will terminate your lease pursuant to the Iowa Uniform Residential Landlord Tenant Act.

______________________ Richard Roe

Property Manager AAA Apartment Rentals

LANDLORD

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eForm 3.6: Original Notice and Petition for Forcible Entry and Detainer

In the Iowa District Court for ________________ County Plaintiff(s) ________________________________________ (Name)

________________________________________ (Address)

________________________________________ (Name)

________________________________________ (Address)

vs. Defendant(s) ________________________________________ (Name)

________________________________________ (Address) ________________________________________ (Name)

________________________________________ (Address)

Original Notice and Petition for Forcible Entry and Detainer

(Iowa Code chapter 648)

To Defendant(s): 1. You are notified that Plaintiff(s) demand(s) from you possession of (state exact address of realproperty): ___________________________________________________________________________ because (state basis of demand):

2. Hearing is set for the date, time, and court location listed on the last page of this Original Notice andPetition. The court will electronically record the hearing. If either party desires that a certified court reporter report the hearing, that party must arrange and pay for the costs of reporting. Failure to appear at the hearing may result in judgment entered against you for possession of the property and court costs.

Plaintiff(s): The court shall set the date of hearing to occur within 8 days from the filing date of the Original Notice unless you check the box below:

Plaintiff(s) request(s) or consent(s) to the court setting the date of hearing to occur no later than 15 days from the filing of the Original Notice.

/s/ ________________________________ /s/ ________________________________ Filing Plaintiff or Attorney Second Plaintiff, if applicable ___________________________________ ___________________________________ Law firm, or entity for which filing is made, if applicable Law firm, or entity for which filing is made, if applicable ___________________________________ ___________________________________ Mailing address Mailing address ___________________________________ ___________________________________ Telephone number Telephone number ___________________________________ ___________________________________ Email address Email address ___________________________________ ___________________________________ Additional email address, if applicable Additional email address, if applicable

eForm 3.6, page 1 of 2

This Original Notice was Posted April 14, 2017

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IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY AAA APARTMENT RENTALS, ) Plaintiff, ) CASE NO. SCSC090000 ) SMALL CLAIMS - FED vs. ) ) JOHN DOE ) AFFIDAVIT OF SERVICE Defendant. ) ******************************************** I, Richard Roe, on behalf of Plaintiff AAA Apartment Rentals, hereby state:

1. I am the manager for the Plaintiff, AAA Apartment Rentals.

2. Defendant John Doe, a tenant of AAA Apartment Rentals at 630 S. Main St Apt #555

the premises") in Iowa City, Iowa, failed to pay his April 2017 rent when due.

3. On April 3, 2017, I posted 3 day notice on the primary entrance door of the premises

as well as sent the 3 day notice via regular and certified mail to the premises. A copy of

the 3 day notice is Attachment One.

4. On April 14, 2017, I requested that the Johnson County Sheriff serve original notice

in the instant action on Defendant. A copy of the original notice is Attachment Two.

5. On April 14, 2017, I posted original notice on the primary entrance door of the

premises as well as sent the original notice via regular and certified mail to the premises.

A copy of the original notice is Attachment Two.

___________________________________ RICHRD ROE, Manager ASI APARTMENT RENTALS

Subscribed and sworn before me by Richard Roe this _________day of _____2017 _______________ Notary Public

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SAMPLE RENTAL RULES

RULES: Tenant understands present written rules may be amended and other written rules may be adopted concerning the Tenant's use and occupancy of premises as provided in the Agreement and the Act. Tenant agrees to be bound by these written rules and understands that if he/she should break such rules, the same shall be considered a material noncompliance with the Agreement and could be grounds for the termination of the same.

CHILDREN: Tenant shall not allow children under age 12 to remain unattended on Premises. Tenant shall not allow their children or visiting children to play or run in common hallways, parking lots, and garages or disturb neighboring residents. PETS: Pets are not permitted on the premises, either in the unit or common areas. As required by law, this restriction is waived for disabled tenants with service animals. Tenants with emotional support animals need to provide a completed copy of landlord’s emotional service/support animal form. CLEANLINESS/LITTER: Tenant shall keep the Premises safe, sanitary and clean. Tenant shall not litter common areas including halls, entrances, laundry rooms, parking areas, and grounds. Tenant shall clean and dust the Premises regularly, and shall keep the Premises, particularly kitchen and bathrooms, clean. Tenant shall vacuum regularly. Tenant must provide shower curtain. CONDUCT: Tenant shall control noise including music so none is heard in common halls, other units, or outside the Premises. It is especially important to control noise between 10:00pm and 8:00am. DAMAGE/DESTRUCTION: Tenant shall not deliberately or negligently destroy, deface, damage, abuse, impair, or remove any part of the premises, common areas, building, exteriors, grounds, appliances, fixtures or equipment or knowingly permit another person to do so. Tenant shall not use any open flame devices including kerosene lamps or space heaters in the Premises. NO SMOKING: No smoking is permitted inside units. No smoking is permitted outside the premises, except in designated smoking areas. DOORS: Tenant shall keep all outside entrance doors locked nightly, especially in multiple housing units. Tenant shall not change locks or add locks to the Premises without Landlord's prior written approval.

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HEATING: Tenant shall under no circumstance turn the heat off completely in said premises during the winter. When departing for a break or vacation from the leased premises, Tenant shall set the thermostat no lower than 60 degrees. DRAINS: Tenant shall be responsible for fixing any partial or complete blockage that occurs during occupancy caused by Tenant neglect, misuse or abuse (i.e. toys, bottle caps, etc.). Tenant shall not dump grease or coffee grounds in drains or garbage disposals. PLUMBING/FIXTURES: Tenant shall keep all plumbing fixtures in the Premises clean and in sanitary condition. Tenant is responsible for reasonable care, appropriate usage and proper conditions thereof. Tenants shall not dispose of anything other than human waste in toilets. Tenant is responsible for the cost of unstopping plugged stools, drains and garbage disposals if caused by Tenant negligence. No diapers, sanitary/baby wipes or feminine products of any kind are to be flushed down toilets. Tenant shall disconnect all exterior garden hoses prior to freezing temperatures ELECTRICAL WIRING: Tenant shall not use temporary wiring or extensions cords running directly from portable electric fixtures to convenience outlets, beneath floor coverings, or through doorways, transoms or similar structural elements. Tenant shall not knowingly overload the circuitry of the Premises. The use of extension cords shall be limited to heavy-duty cords with surge protectors as per City Code regulations. EQUIPMENT: Tenant shall use facilities, appliances, fixtures, etc. only for the purpose intended. Tenant shall keep items clean and in proper condition. EXTERMINATION OF PESTS: As provided by the Iowa City Housing Code, Tenants shall exterminate any insects, rodents or other pests on Premises if Tenant is an occupant of a single dwelling unit or for a single unit infestation in a multi-unit building. In a multi-unit infestation of a multi-unit buildings Landlord is responsible for extermination. Tenants notify the landlord immediately of any pest infestation FLOORS: Tenant shall keep vinyl, tile, hardwood and other hard surfaced floors clean and sanitary. Tenant shall use proper cleaners on floors. Tenant shall use felt pads on all furniture legs to protect wood and tile floors. GARBAGE: Tenant shall dispose of all garbage, rubbish and other waste from the premises promptly and in a clean and safe manner in closed plastic bags. Tenant shall place garbage in appropriate containers. (If picked up on a weekly basis, Tenant shall place containers in their proper pick up areas on their designated pick up days.) Tenant shall dispose of their garbage properly as required by City Health Ordinances and City Codes (this includes disposal of tires, batteries, hazardous wastes, furniture, and appliances. Tenant shall pay any extra costs imposed by the City for special disposal or pick up of Tenants’ items. Tenant will be charged for Landlord's actual disposal costs associated with items that are abandoned by Tenant (inside and outside the Premises)

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upon the termination of the Agreement. Boxes must either be broken down or taken to a local recycling center to dispose of. GRILLS: In order to reduce fire hazards and other safety concerns, grills (charcoal, gas, or other type) are NOT allowed on any balcony or patio. Portable fire pits, patio campfires, fire pit kettles, and/or other such products are not allowed on balcony or patio. If you are renting a house or a duplex, your grill must be operated in a manner that does not present a fire hazard and, specifically, must be kept a minimum of ten feet away from the building structure. Tenant shall be responsible for building damage due to smoke, melting or burning caused by their grills. GUEST POLICY: Tenant's guests may not stay in the Premises for longer than a total of two weeks in any six-month period unless they get prior written consent from the Landlord. Tenant may have a maximum number of two guests staying with Tenant at any given time. Additional guests may be allowed with Landlord's prior written consent. Tenant is responsible for ensuring that guests comply with all requirements of the lease and lease rules, including not causing damage, noise or disturbance. HALLWAYS/ STAIRS/ COMMON AREAS: In multiple housing units, Tenant will keep all common areas clean and clear of their personal items at all times. Tenant will not store any items in these areas. PATIOS AND BALCONIES: Tenant shall comply with the following:

1. Patios and balconies are to be kept in clean and neat condition. Trash containers are NOT to be kept or stored on patios/balconies at any time.

2. ONLY patio and/or lawn furniture is allowed. Patios/balconies are not to be used as storage areas.

3. Satellite dishes can only be erected ONLY with the written consent of Landlord.

HEALTH AND SAFETY: Tenant will comply with the requirements of any applicable building, housing and health codes that relate to health and safety. LAUNDRIES: Tenant understands that laundry rooms in multiple housing units are provided for Tenant use only. Tenant shall not allow any other person to use the laundry rooms. Tenant agrees to keep laundry areas neat and clean at all times. LIGHTBULBS: Light bulbs are furnished at the time of occupancy. Thereafter, the Tenant is responsible for bulb replacement at their expense. Upon the termination of the Agreement, Tenant shall return the Premises to Landlord with working bulbs of the same wattage as originally provided by Landlord. MAIL & NEWSPAPERS: Tenant shall promptly pick up mail and newspapers and shall dispose of unwanted mail and newspapers appropriately.

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MAINTENANCE MALFUNCTIONS: Tenant shall promptly give Landlord notice of any defects in plumbing, electrical, heating/cooling systems, appliances, fixtures, equipment or any other part of the premises. Notification should be during normal working hours unless there is an emergency. REPAIRS/REDECORATING: Tenant shall not physically alter the Premises without Landlord's prior written consent. SMOKE DETECTORS: Tenants shall test smoke detectors at least once per month and report problems to Landlord immediately. Tenants shall replace batteries as necessary to keep the detectors operational. Tenants shall not tamper with detectors, disable detectors, or deliberately remove batteries. STORAGE: Tenant shall not store any personal property on balconies, patios, common areas, common garages, lawns, or any non-designated storage areas. Tenants shall not store personal property in furnace/utility closets or near water heaters. WATERBEDS: Waterbeds are not permitted. WINDOWS/SCREENS: Tenant shall promptly report any damage to windows or screens to Landlord. Tenant shall be responsible for the actual costs associated with the repair or replacement of windows and screens that are broken or damaged by Tenant or Tenant's guests. Tenant must keep screens in windows at all times. CRIMES. Tenant, members of Tenant's household, and any guests of Tenant: 1. Shall not engage in criminal activity, including drug-related criminal

activity, on or near the Premises. "Drug related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use an illegal or controlled substance.

2. Shall not engage in any act intended to facilitate criminal activity. 3. Shall not permit the Premises to be used for, or to facilitate criminal

activity, regardless of whether the individual engaging in such activity is a member of Tenant's household, or a guest.

4. Shall not engage in any illegal activity including prostitution, criminal

street gang activity, threatening or intimidating, assault, including but not limited to the unlawful discharge of a weapon, on or near the Premises, or any other similar activity that jeopardizes the health, safety, and welfare of the Landlord or other tenants or involves imminent or actual property damage.

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5. Shall not create or maintain a threat constituting a clear and present danger to the health and safety of other tenants, Landlord, the Landlord's employees or agents, or other persons within 1000 feet of Landlord's property which includes, but is not limited to:

a. A physical assault or threat of a physical assault. b. Illegal use of a firearm or other weapon, the threat to use a firearm

or other weapon, or the possession of an illegal firearm. c. Possession of a controlled substance, unless the same was obtained

in a manner allowed by Iowa law. UTILITIES. [very important to explain whether landlord or tenants pay for utilities and what charges are if known.]

BED BUGS. Tenant agrees to take all reasonable steps to prevent infestation of the Premises with bed bugs and, if an infestation occurs, to take all reasonable steps

necessary to control and

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monday, june 19, 2017 fundamentals of law rooms: …€¦ · christopher warnock , tenants project...

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