Updated almost 8 years ago on . Most recent reply
Rental Cert. Questions
I'm hoping to get some help on a few questions I have regarding rental cert. issues in Des Moines. One of my rentals did not have a rental cert. on it before the tenants moved in. The inspection was done about a week after move in and the list of required repairs was pretty extensive; to the point where the property needs to be vacant to complete some of the repairs.Since receiving the list I've tried to get the tenants to move out terms but they are unwilling to agree to what I've offered so far (deposit and all rent paid back plus $500 for moving expenses). They've spoken with Home Inc. who advised them that they did not need to pay rent so they have decided to stay and not pay rent until the lease is up in May of 2018.
The rental cert. office sent me a letter the other day to inform me of a hearing that I have to attend where they will determine if I am still in violation and then asses me a fine of up to $5,000. I'm wondering if anyone on this forum has dealt with something similar and if they had any advice to give?
Here are a few questions I have
Since I am still in violation, what is the typical fine for something like this?
Should I be hiring an attorney?
Is there anyway to get the back rent from the tenants after they move out? I know I cannot evict them for non-payment, I just am unsure as to whether or not they "owe" the money still.
The property is held in an LLC. Would I be fined personally or will the LLC be listed?
Any and all help would be much appreciated!
Most Popular Reply
My understanding is that while many municipalities have rental requirements, there is nothing in the Iowa Code that requires a rental to have a certificate. It does allow most municipalities to enact local ordinances. The ability to collect rent will vary from city to city.