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Iowa Real Estate Law Questions & Answers
3 Answers | Asked in Bankruptcy and Real Estate Law for Iowa on
Q: My husband and I filed bankruptcy (Ch 7) in 2018. Prior to this filing, there were two judgments filed with the court.

The debts that were connected to the judgments were taken care of in the bankruptcy, and we heard nothing else about them, so we made the assumption that they were resolved. We are in the process of refinancing our home (it is currently on contract, and we are working with our bank to refinance it... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 23, 2024

There are some limited ways to attack/remove liens in bankruptcy, but your post indicates that you did not do that (it is possible to reopen a bankruptcy to afford relief to a debtor).

Otherwise, a bankruptcy discharge does not remove a perfected lien, and in most jurisdictions. a judgment... View More

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3 Answers | Asked in Bankruptcy and Real Estate Law for Iowa on
Q: My husband and I filed bankruptcy (Ch 7) in 2018. Prior to this filing, there were two judgments filed with the court.

The debts that were connected to the judgments were taken care of in the bankruptcy, and we heard nothing else about them, so we made the assumption that they were resolved. We are in the process of refinancing our home (it is currently on contract, and we are working with our bank to refinance it... View More

Martha A. Warriner
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answered on Sep 23, 2024

I suspect that what your bankruptcy lawyer suggested was a "demand to reconvey" rather than a "demand to levy." In any event, you want the the judgment creditor to release the lean by recording a reconveyance. If the creditor refuses to do so voluntarily, then you should go back... View More

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1 Answer | Asked in Real Estate Law, Tax Law and Municipal Law for Iowa on
Q: So my city council has an ordinance stating everyone has to have garbage service. My question is in several parts.

Is it legal for them to put my bill on my property taxes but continue to bill me for it without starting over? And if it is then is it legal for them to keep adding it to my taxes. Like lets say the first bill is 3 months late and its 300 dollars.they add that to my property taxes. Then three... View More

James L. Arrasmith
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answered on Mar 8, 2024

Municipalities often have the authority to enforce ordinances requiring residents to maintain garbage service, and they can implement various measures to ensure compliance, including billing methods. The practice of adding unpaid garbage service bills to property taxes is a common approach used by... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Iowa on
Q: Can the initial attorney represent tenants as co-defendants in a case?

Two tenants and a co-signer signed a rental lease in Iowa, which stated that the tenants were responsible for maintaining a safe temperature on the thermostat. During their tenancy, multiple pipes burst in separate apartments during a cold snap. Four months later, the landlord sent a bill charging... View More

James L. Arrasmith
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answered on Oct 27, 2025

Yes, the attorney who was originally hired by the co-signer can represent the tenants as co-defendants, but only if everyone involved agrees and there is no conflict of interest. In Iowa, as in most states, an attorney can represent multiple defendants in the same case if their defenses are aligned... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Landlord - Tenant and Real Estate Law for Iowa on
Q: How to stop collection notices for a car sold back to a dealer?

I sold a car back to a dealer in February 2024, and in August 2025, the car was involved in an accident and impounded. This led me to discover that the vehicle was still registered in my name, despite being sold by the dealer to someone else in February 2024. I've submitted affidavits of sale... View More

James L. Arrasmith
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answered on Oct 16, 2025

You already did the hard part by proving to the DMV that you surrendered the car in February 2024; now you need to freeze the paper trail that keeps generating these notices. Send the dealer a certified, return-receipt letter enclosing the DMV findings and your affidavits, demanding immediate title... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Iowa on
Q: Am I responsible for removing unused wires in the breaker box in my rental?

My lease states that the landlord is responsible for maintaining electrical systems, among other things, in good and safe condition. There are wires in the breaker box that don't connect to anything, and my landlord wants me to hire an electrician to remove them. Am I responsible for this... View More

James L. Arrasmith
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answered on Oct 14, 2025

You are not responsible for removing abandoned conductors in the service panel when your lease assigns electrical‑system upkeep to the landlord. Unused or “dead” wires inside a breaker box sit within the electrical system and create potential safety risks if not properly terminated, so the... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Iowa on
Q: Purchased home, need advice on rental lease buyout in Iowa.

I purchased a home and want to move out of my rental before the lease ends. The rental company offered a buyout, which isn't mentioned in the lease, and the lease doesn't address breaking it early. They've stated that because I signed a lease obligating me to pay until the lease... View More

James L. Arrasmith
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answered on Sep 23, 2025

Since your lease doesn’t address breaking it early, your options depend on negotiation with the rental company and Iowa law. Even if the lease is silent, you may still have some leverage to discuss a buyout amount that is reasonable and fair, ideally documented in writing. Keep in mind that any... View More

1 Answer | Asked in Elder Law, Civil Rights, Constitutional Law, Appeals / Appellate Law, Landlord - Tenant and Real Estate Law for Iowa on
Q: Do federal laws protect against retaliation in elder abuse and housing discrimination cases?

I have been involved in a case regarding alleged elder abuse in Iowa, with no findings of financial exploitation or physical abuse. Following a civil complaint I filed with the Iowa Civil Rights Commission on August 15th, 2024, against my landlord (who is also the elder's son) for... View More

James L. Arrasmith
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answered on Sep 16, 2025

Yes, federal laws, including the Fair Housing Act (FHA), provide protections against retaliation for individuals who file complaints regarding discrimination. If you filed a complaint with the Iowa Civil Rights Commission about housing discrimination, the FHA prohibits your landlord from... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Iowa on
Q: Lease notice and safety issues causing complications

I'm currently facing a situation with my landlord regarding the notice period for ending my lease, which is due to expire at the end of September. I mistakenly gave a 30-day notice instead of the required 60-day notice. The landlord is now asking me to pay rent until the end of October.... View More

James L. Arrasmith
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answered on Sep 8, 2025

You should start by reviewing your lease carefully to confirm the notice requirements and any clauses about tenant safety and habitability. While giving only 30 days instead of 60 may technically breach the notice provision, the landlord’s failure to maintain a safe environment could impact how... View More

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Iowa on
Q: Can a landlord remove deceased tenant's property without consent in Iowa?

I am the wife of a deceased tenant and have been in constant contact with the landlord regarding my late husband's belongings in the rental property. I am currently waiting for the death certificate. Can the landlord legally remove or dispose of his property without my consent?

James L. Arrasmith
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answered on Aug 30, 2025

The belongings you received as gifts are legally considered yours, even if they were purchased by your mom. Moving in with your dad does not change your right to those items, and your mom cannot simply claim them as her property. This is not a custody issue but one of rightful ownership, and you... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Iowa on
Q: Received unexpected plumber bill after home inspection; seller cancelled purchase agreement. What are my options?

I was in the process of purchasing a house with contingencies on inspections, initiated by my realtor. Upon my realtor's advice, a sewer inspection was performed, and the plumber identified compromised Orangeburg piping. My realtor kept the flash drive documenting the inspection and shared it... View More

James L. Arrasmith
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answered on Jul 11, 2025

You're right to be upset—this bill shouldn't have fallen into your lap, especially after being told it was already paid. If your realtor initiated the sewer inspection and gave you assurances that payment would be handled, they may be responsible for resolving this directly. Since the... View More

1 Answer | Asked in Real Estate Law and Contracts for Iowa on
Q: Will signing an inspection addendum affect the seller's obligation to repair as stated in the disclosure?

I am purchasing a home in Iowa, and the disclosure statement mentions the roof will be replaced and the sewer line repaired before closing. However, these details are not included in the purchase agreement. My realtor wants me to sign an inspection addendum stating that I am satisfied with the... View More

James L. Arrasmith
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answered on Jul 10, 2025

You're absolutely right to pause and ask questions before signing that inspection addendum. In Iowa, seller disclosure forms are meant to inform buyers about the condition of the property and known issues, but they are not enforceable promises unless those commitments are included in the... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Contracts for Iowa on
Q: How can I speed up getting a lease and title for my trailer or get a refund?

I recently purchased a trailer in Iowa. The day after the purchase, I found that all locks, toilets, and window frames were removed, and the electric box was missing. It's been 30 days, and the mobile park has not provided a lease agreement or the title, claiming the file is too large to send.... View More

James L. Arrasmith
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answered on Jul 10, 2025

You’ve done more than most would already—trying to communicate, making your payments, and staying patient—but it’s not right that you’ve been left without a lease, title, or utilities. Iowa law expects mobile home park owners and sellers to operate in good faith, and what you’re... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Iowa on
Q: Living without a signed lease, want to move out, text messages as lease proof.

I have been living in an apartment for about five months without signing a lease agreement. Although I agreed to pay rent and have proof of payment, my landlord claims that our text messages are sufficient proof of a leasing agreement. I want to move out, but I'm unsure what to do next. Can... View More

James L. Arrasmith
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answered on Jul 5, 2025

Even without a signed lease, your ongoing payment of rent and the landlord’s acceptance of it likely created a month-to-month tenancy under Iowa law. Text messages that show you agreed to live there and pay rent can support the existence of a rental agreement, even if informal. This means you do... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Landlord - Tenant and Real Estate Law for Iowa on
Q: Applicability of Iowa code subsection 321J.4B(5.a.) "3" to a towed motorcycle under citation 321.218

I am the owner of a motorcycle that was towed and impounded in Iowa after I received a citation for Iowa code sections 321.218(1), 321.20B, and 321.17. The towing company claimed the bike was abandoned after 19 days and sold it. Initially, the court ruled against me in a replevin action while the... View More

James L. Arrasmith
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answered on Jun 12, 2025

What happened to you feels unjust, especially since the charges were ultimately dismissed and you were still denied return of your motorcycle. Iowa Code section 321J.4B(5.a.) “3” applies specifically to vehicles impounded due to certain operating-while-intoxicated offenses and outlines the... View More

1 Answer | Asked in Real Estate Law for Iowa on
Q: Adverse possession claim for church property maintained for 13 years in Iowa

I have mowed and paid to fertilize 11,000 sqft of property owned by the church next to my property for 13 years. The church has never objected to my maintenance, and their leadership knows I take care of it. I haven't built on it, but we've placed children's play equipment and swings... View More

James L. Arrasmith
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answered on Jun 11, 2025

You've clearly put a lot of time and care into maintaining that land, and it’s understandable to wonder whether those years of effort give you any legal standing. In Iowa, adverse possession generally requires continuous, exclusive, open, and hostile use of the property for at least 10... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant and Real Estate Law for Iowa on
Q: Neighbor accused pulling kids' ears, court summons in Sioux City, IA.

On May 14, 2025, my neighbor's kids were making noise and throwing items at my apartment door. I came out and yelled at them to stop, but now my neighbor is accusing me of pulling the kids' ears and has called the police. I'm due in court in two weeks in Sioux City, Iowa, but I... View More

James L. Arrasmith
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answered on Jun 7, 2025

If you received a summons to appear in court but haven’t been formally charged, the court may be conducting a preliminary hearing or seeking clarification before deciding how to proceed. This often happens in cases involving alleged minor physical contact or disputes between neighbors. Even if... View More

1 Answer | Asked in Real Estate Law, Tax Law and Contracts for Iowa on
Q: Do I owe taxes on the $65k offered by my ex-boyfriend to buy me out of our jointly-owned house?

My ex-boyfriend and I bought a house 7 years ago, and both of our names are still on the deed. He refinanced the mortgage to only his name. We have recently ended our relationship, and he wants to buy me out. I contributed $60k for the down payment and paid him monthly towards the mortgage, but he... View More

James L. Arrasmith
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answered on May 23, 2025

You face different tax rules than divorcing couples since you and your ex-boyfriend were never married. When unmarried partners transfer property interests, the IRS typically treats this as a taxable sale rather than a non-taxable transfer, meaning you'll likely owe capital gains tax on any... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Iowa on
Q: Is a 10-year lease made as a joke legally binding if the owner did not sign?

I need to know if a rental contract is legally binding under these circumstances: My sister and I created a lease agreement when she needed a place to stay as she was getting back on her feet. She jokingly filled in the lease length as 10 years instead of the intended 1 year. My husband, who owns... View More

James L. Arrasmith
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answered on May 15, 2025

A lease may not be legally enforceable if it was never signed by all property owners, especially in situations where the property is jointly owned. Since your husband co-owns the house and did not sign the lease, that alone could invalidate the agreement—particularly for a long-term lease of 10... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Iowa on
Q: Landlord terminated lease after plumbing issues, accusing me of smoking. What are my rights?

I recently faced issues with my landlord who entered my apartment without notice to check on a reported leak. He accused me of smoking in my apartment due to some old bin marks. Despite no specific mention of smoking prohibition in the lease, there are "no smoking" signs posted. After... View More

James L. Arrasmith
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answered on May 15, 2025

You're facing a tough and frustrating situation, especially when your lease doesn’t clearly prohibit smoking or outline terms about damage beyond rent. If the lease doesn’t specifically ban smoking inside the unit, and you haven’t smoked there, then your landlord’s claim may not hold... View More

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