Iowa Real Estate Investors Association

ANNOUNCING OUR LEASE 2016

  
In 2015 and 2016, there have been several court cases in Iowa which significantly impact Landlords and Property Managers -- our members businesses .  A number of rulings have been released from the courts which pertain to provisions, both allowable or prohibited, within a Lease for Residential Rental Property.

(To simply purchase our Lease 2016, click here).  


At IaREIA - Iowa Landlord Association, we continually invest significant time researching such cases, and we invite Attorneys to be involved to develop educational programming to ensure members are up-to-date on the law, and to provide reviews of cases which will have a statewide impact.  

We post here those cases with rulings handed down by the Iowa Supreme or Appelate Court, cases on appeal, or similar with a statewide impact.   If you know of additional cases you feel should be listed, send a message to Info.IaREIA@gmail.com.       

As of May 6, 2016, two rulings definitely signal is it time for our members (all landlords and property managers, actually) to tidy up their leases.    This reference page was developed in June, 2016 to provide background details (and not intended to be all inclusive, at present).  
     

NOTE:  FOLLOWING A REWRITE BY PRINCIPAL COUNSEL TO ILA, AND A REVIEW BY THE LEAD ATTORNEY FOR PLAINTIFFS IN SEVERAL OF THESE CASES, WE HAVE SIGNIFICANTLY REVISED AND UPDATED OUR 2013 LEASE.  

THIS LEASE HAS BEEN: 

  • REVISED -- By Mark Hanson, Atty. the original and primary author of our associations lease 
  • EDITED -- By our forms task force (for IaREIA-Iowa Landlord Association)
  • REVIEWED -- By Christopher Warnock, Atty
  • PUBLISHED -- May 15, 2016, Version 3.5 - This is what we are currently supplying    

Our "Premium Lease for 2016" is available for purchase, from this page.  There are restrictions for use.  

Case Name

Original Jurisdiction and Origin Date Ruling Released Summaries Actual Ruling
Staley vs. Barkalow  Iowa District Court, Johnson County -->
Heard by Court of Appeals
May 30, 2013 Barkalow Summary - Barkalow Summary-Jodie McDougal Appeals Court Ruling
12-1031
 De Stafano vs. Apts. Downtown


(Click for Youtube Video)
 Small Claims, 
Johnson Couty 
 May 6, 2016 DeStafano Summary by Christopher Warnock, Atty
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DeStafano-Caruso Summary by Jodie McDougal, Atty
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DeStafano Summary by Andrew Lietzow, Exec Dir, IaREIA-ILA
ISC Ruling
14-0820 
 Caruso vs. Apts. Downtown  Small Claims,
Johnson Couty 
 May 6, 2016 Caruso Summary-C Warnock by Christopher Warnock, Atty
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Caruso Summary by Andrew Lietzow, Exec Dir, IaREIA-ILA
 ISC Ruling -
14-0783 
 Kline vs. Southgate  Iowa District Court, Plaintiff's First Motion for Partial Summary and Declaratory Judgment Ruling, July 12, 2015 - Defendant (Southgate)  Appealed and on May 3, 2016, the ISC retained the case  Case is Pending before ISC  N/A
Walton vs. Gaffey  Iowa District Court, Plaintiff's First Motion for Partial Summary and Declaratory Judgment Ruling July 12, 2015 - Defendant   Case is Pending before ISC  N/A 

Finally, once you choose to adopt our Lease as your standard, or should you choose to develop/modify your own version, you may need to notify your Tenants that you will not be enforcing any currently existing "Prohited/Illegal Provisions" in your lease.  

Christopher Warnock provided a sample letter that you may wish to use, which we posted here.    Should you have further questions, or need to seek legal counsel, we may be able to answer generic, legal educational questions, but will refer you to an attorney for any specific legal assistance.    

 Finally, there will be training sessions (on much of the above) at Kirkwood Training Center, Lamar Ave in Marion, Iowa, on August 5th.  More info will follow, soon.