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Police Said She Could Break Back in After She Assault Him!! Tenant and Police Issues!
I try to stay out of tenants issues as much as possible but when the police tells a tenants guest they can break in causing damages after being locked out is annoying.
Keep in mind in this video we are talking about a tenant that changed the lock on his unwanted girlfriend. (girlfriend not on lease) This is not a landlord tenant dispute that the officer is stating is illegal for me to do. (the tenant is not the landlord) The tenant was also denied a no trespassing or restraining order and told if he started anything with her he would be arrested. I think this is absolutely crazy.
When the officer kept saying it is illegal for someone to lock her out they are talking about landlord tenant laws which are civil issues that you can be sued for. Even though it is illegal, keep in mind if tenants or occupants are doing something wrong, IE, destroying property, harming someone! As in what had happened here you can. (In this case the police should have done the removal) Even if you do a wrongful eviction and they sue you for it. here in Iowa, this is the punishment for it if you are found to not have a good reason for it.
Actual damages, plus punitive damages up to twice the monthly rent and attorneys' fees. If tenant elects to terminate the lease, landlord must return all prepaid rent and security deposits. Iowa Code § 562A.26
I cannot find a law that prohibits someone that is not a landlord from evicting a unwanted guest that has now overstayed there welcome. Everything is legally written on people paying rent as an tenant that are bound to tenant landlord laws. A girlfriend that does not pay rent is a long term guest. It clearly states these laws are To ensure that the right to the receipt of rent is inseparable from the duty to maintain the premises.
Reason why I state this is because if they are causing damages and damages could get crazy, I would rather deal with wrongful eviction costs than $5000- 10,000 in damages to the property That you will never get with any civil actions against them. Rent here is only $475. (door damages for example is going to be over $500) This isn't even the case here because we were not evicting here but upset that an officer told her she could break into the apartment causing damages. This is absolutely not ok. The police should have informed her if she feels she had been wrongfully evicted by her boyfriend she needs to file with the courts on wrongful eviction, not to damage property.
I have always felt this is a messed up issue on letting someone live with you as a girlfriend or boyfriend and not paying anything. (not being an actual tenant) When things go bad you many times are forced to let them stay in your home. It's even crazier when it becomes abusive and you have no way to remove them without first paying court costs and probably giving them 30 days notice. Many times it's so bad that both people can no longer stay there and you have to leave your apartment that you pay rent for for someone who does not!
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