• On May 30, 2013 in Staley v. Barkalow, 834 N.W.2d 873 (Iowa Ct. App. 2013) the Iowa Court of Appeals issued a landmark decision finding that landlords could not include illegal provisions in their leases and ordering that a class action be certified. Here is the Staley v. Barkalow decision. You can see Judge Russell's District Court Summary Judgment & Class Certification Ruling on remand.
  
  
• Here is the May 30, 2013, Associated Press story on Staley v. Barkalow.

• On April 8, 2015 the Court of Appeals affirmed the class certification without opinion noting that the trial court had properly followed Staley v. Barkalow. On July 2, 2015 the Iowa Supreme Court refused further review. You can see the Amor District Court Class Certification and Summary Judgment Rulings.

• This case began as a small claims case. Here are DeStefano v. Apts Downtown Small Claims & District Court proceedings
  
  
• On October 1 2014 Justice Mansfield of the Iowa Supreme Court granted discretionary review of the district court appeal.
  
  
• On March 3, 2015 the Supreme Court retained Elyse De Stefano v. Apts. Downtown.
  
  
  
• Here are the final appellate briefs in Elyse De Stefano v. Apts. Downtown:
  
  
  • Tenant's Final Brief
    
  • Landlord's Brief & Cross Appeal
    
  • Tenant's Reply Brief
    
  • Landlord's Reply Brief
    
  
  
• Oral argument in Elyse De Stefano v. Apts. Downtown was held before the Supreme Court on September 17, 2015. You see can the video of the DeStefano oral argument.
  
  
• Here is the Supreme Court's decision in DeStefano v. Apts. Downtown and here is What DeStefano & Caruso Mean for Landlords & Tenants. Key issues are the illegality of security deposit deductions for automatic carpet cleaning and making tenants pay for landlord repairs.
  
  
• Here is the May 6, 2016 Iowa City Press City story on DeStefano & Caruso
  

• This case began as a small claims case. Here are Caruso v. Clark Small Claims & District Court proceedings. Note the name of the case changed from Caruso v. Clark to Caruso v. Apts Downtown on Supreme Court appeal.
  
  
• Here are the final appellate briefs in Caruso v. Apts. Downtown
  
  
  • Final Brief of Appellant Apts. Downtown
    
  • Final Brief of Appellee Lenora Caruso
    
  • Final Reply Brief of Appellant Apts. Downtown
  
  
• Here is the Supreme Court's decision in Caruso v. Apts. Downtown and here is What DeStefano & Caruso Mean for Landlords & Tenants. Key issues are that actual knowledge is required to impose punitive damages for knowing and willful use of prohibited lease provisions and that to impose punitive damages for bad faith withholding of a security deposit the tenant must show dishonesty on the part of the landlord.
  
  
• Here is the May 6, 2016 Iowa City Press City story on DeStefano & Caruso

• This case began as a class action. Here is the Summary Judgment and Class Certification ruling below which the landlord appealed. The issues included whether the Staley v. Barkalow should be overruled and whether liquidated damages are prohibited under the Iowa Landlord Tenant Act.
  
  
• On May 3, 2016, the Supreme Court retained Kline v. Southgate.
  
  
• Here are the final appellate briefs in Kline v. Southgate:
  
  
  • Final Brief of Appellant Southgate
    
  • Final Brief of Landlord Amici Curiae
    
  • Final Brief of Tenant Appellees
    
  • Final Reply Brief of Appellant Southgate
  
  
• Here is the Supreme Court's decision in Kline v. Southgate. The Court held that tenants have a right to lease free from illegal provisions, rejecting the landlord's argument that illegal lease provisions needed to be enforced or result in monetary damages in order to be subject to punitive damages under Iowa Code 562A.11. The Court agreed with the landlord that if the IURLTA did not specifically require actual damages that the lease could include liquidated damages. Here is a brief that explains Kline and Walton.

• This case began as a class action. Here is the Summary Judgment and Class Certification ruling below which the landlord appealed. The issues included whether the Staley v. Barkalow should be overruled and whether liquidated damages are prohibited under the Iowa Landlord Tenant Act.
  
  
• On June 1, 2016, the Supreme Court retained Walton v. Gaffey. Non-oral submission has been set for October 19, 2016.
  
  
• Here are the final appellate briefs in Walton v. Gaffey:
  
  
  • Final Brief of Appellant Gaffey
    
  • Final Brief of Tenant Appellees
    
  • Final Reply Brief of Appellant Gaffey
  
  
• Here is the Supreme Court's decision in Walton v. Gaffey. The Court held that tenants have a right to lease free from illegal provisions, rejecting the landlord's argument that illegal lease provisions needed to be enforced or result in monetary damages in order to be subject to punitive damages under Iowa Code 562A.11. The Court agreed with the landlord that if the IURLTA did not specifically require actual damages that the lease could include liquidated damages. Here is a brief that explains Kline and Walton.

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he Tenants' Project has successfully challenged many common lease provisions and obtained rulings that they were prohibited under the Iowa Landlord Tenant Act. In addition, the Tenants' Project has had multiple class actions certified.

Staley v. Barkalow LACV 073821

• On March 19, 2014 on the remand of Staley v. Barkalow 834 N.W.2d 873 (Iowa Ct. App. 2013), Judge Russell issued a landmark 13 page Ruling certifying a class action and finding many clauses in the standard lease used by this landlord to be illegal including indemnity and exculpation clauses, automatic carpet cleaning, making tenants responsible for vandalism and invalidating all fines, penalties and charges that exceed actual damages.
  
  
• Here is the March 21, 2014 Press Citizen story and March 21, 2014 Associated Press story as well as the March 21, 2014 KCRG News story and March 22, 2014 KWWL Top Story. Here is the Daily Iowan March 24, 2014 News Story and Daily Iowan March 24, 2014 Editorial .

Amor v. Houser CVCV 075753

• On April 24, 2014 Judge Turner issued an Order Granting Class Certification. This was appealed and the class certification order affirmed by the Court of Appeals.
  
  
• On September 30, 2015 on remand of Amor v. Houser No. 14-0866, Judge Kepros granted Summary Judgment finding multiple provisions, including liquidated damages, fees and charges other than actual damages and automatic carpet cleaning to be prohibited. Judge Kepros also found that normal wear and tear included dirt.

Conroy v. Apts Downtown LACV 72840

• On July 8, 2015 Judge Kepros granted summary judgment and class certification. This also includes the lease so the specific illegal provisions can be seen. Judge Kepros found that the 2010-11 Apts Downtown lease included prohibited liability shifting clauses, automatic carpet cleaning, shifting repair responsibilities on tenants, and charged illegal fines, penalties and set fees including subleasing fees.

Kline v. Southgate CVCV 76694

• On July 13, 2015 6th District Chief Judge Patrick Grady granted summary & declaratory judgment and class certification. Chief Judge Grady found that the standard leases used by Southgate contained provisions that were illegal under the Iowa landlord tenant act. Chief Judge Grady certified a class action. Southgate appealed and you can see the proceedings thus far on appeal.

Walton v. Gaffey CVCV 76909

• On July 13, 2015 6th District Chief Judge Patrick Grady granted summary & declaratory judgment and class certification. Chief Judge Grady found that the standard leases used by Gaffey contained provisions that were illegal under the Iowa landlord tenant act. Chief Judge Grady certified a class action. Gaffey appealed and you can see the proceedings on appeal.
  
  
• On remand after appeal on February 19, 2018 Chief Grady granted class certification and denied summary judgment. Chief Judge Grady certified a class based on the prohibited carpet cleaning provision in Gaffey's lease. He denied summary judgment on the issue of the no smoking fine.

Small Claims Cases & District Court Appeals

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As an alternative to class actions, the Iowa Tenants' Project filed a number of small claims cases on behalf of tenants, seeking rulings that a wide variety of commonly used lease provisions, including automatic carpet cleaning, were illegal under the Iowa Landlord Tenant Act, Iowa Code Chapter 562A.

Elyse De Stefano v. Apts. Downtown SCSC80575.

• On June 10, 2013, Magistrate Judge Karen Egerton issued a 17 page Judgment holding that automatic carpet cleaning charge were illegal, that the landlord had failed to provide sufficient evidence for its cleaning charges, and that landlord had illegally charged the tenant for vandalism caused by an unknown third party. Judge Egerton found that the landlord had withheld the tenants' deposit in bad faith and assessed the maximum punitive damages, as well as $3,270 actual damages. Here is the magistrate's decision in Elyse De Stefano v. Apts. Downtown
  

• On May 5, 2014 Judge Baumgartner partially affirmed and partially reversed the magistrate's decision in De Stefano in a lengthy ruling, that held that landlords were free to charge their tenants for vandalism and the criminal acts of unknown third parties, but could not have automatic carpet cleaning clauses in their leases. The Tenants' Project appealed and received discretionary review by the Iowa Supreme Court.
  
  
• Here are further proceedings in DeStefano v. Apts Downtown before the Supreme Court

Caruso v. Clark SCSC081696.

• On December 9, 2013 Judge Magistrate Egerton issued a 11 page Judgment finding for plaintiffs and awarding the punitive damages as well as attorney fees. This case involves illegally charging tenants for routine maintenance, overcharging for repairs and illegal use of 3 day notices for debt collection. Here is the Caruso Magistrate Ruling.
  
  
• On September 26, 2014 Judge Russell issued a 13 page decision in the district court appeal of Caruso v. Clark. Judge Russell sustained the ruling of the magistrate, awarded the maximum possible damages of $5000 and found that the Clarks had wrongfully withheld the tenants' security deposit and that they had knowingly and wilfully used a prohibited lease provision, subjecting them to multiple sets of punitive damages. Here is the Caruso v. Clark District Court Appeal Decision.
  
  
• Defendant Apts. Downtown appealed the district court ruling and sought discretionary review by the Supreme Court, strongly supported by Plaintiff due to the important issues presented. On November 5, 2015, the Supreme Court granted discretionary review in Caruso v. Clark now retitled Caruso v. Apts. Downtown, No. 14-1783.
  
  
• Here are further proceedings in Caruso v. Apts Downtown before the Supreme Court

Ahmed v. Barkalow, SCSC 082744.

• Trial was held on February 18, 2013. On May 15, 2013 Judge Magistrate Rose issued a 6 page Judgment/Order finding for plaintiffs.
  
  
• On October 2, 2014 in Ahmed v. Barkalow, SCSC 082744, Judge Bergan issued an 11 page ruling on District Court appeal, affirming the decision of the magistrate at trial and finding for the plaintiffs. The most interesting ruling in this case was that Judge Bergan affirmed Magistrate Rose's ruling that the landlord was personally liable for damages in the case. Punitive damages for bad faith withholding were upheld, but the punitive damages for knowing and willful inclusion of prohibited lease provisions were reversed.

Borer v. Clark SC 081695

• Filed March 26, 2012, this case challenges the Clarks' $600 pet fee and illegal use of 3 day notices for debt collection. On September 3, 2013 Judge Magistrate Egerton issued a 10 page Judgement finding for plaintiffs and awarding the maximum punitive damages as well as attorney fees.
  
  
• Here is the Borer Ruling. Here is the September 7, 2013 Press Citizen story and September 13, 2013 Daily Iowan story.
  
  
• On May 29, 2014 on District Court appeal, Judge Miller, who had earlier denied class action certification in Conroy v. Apts Downtown, issued a 10 page ruling on District Court appeal of this small claims case. The judge found that landlords could not charge fines, penalties or any charge other than actual damages and awarded $2500 in attorney fees. The judge reversed on the issue of punitive damages due to knowing and willful inclusion of illegal lease provisions.

Janson v. Clark SCSC 084082.

• Originally filed June 13, 2013, petition and original notice filed September 9, 2013 this case involves illegally charging tenants for routine maintenance and overcharging for repair. At trial on December 9, 2013 plaintiffs attemped to introduce the decision in De Stefano v. Apts Downtown to show defendant was aware of illegal clauses in its lease. Defendants successfully argued at trial that after a lease is signed, the landlord's knowledge of an illegal provision is irrelevant. Other interesting issues with regard to the defense of advice of counsel and the award of statutory attorney fees for pro bono representation. This case is still pending.
  • Plaintiff's pre-trial Hearing Memorandum
    
  • Defendant's Post-Trial Brief
    
  • Plaintiff's Post-Trial Hearing Memorandum

Gaffey v. Sigg SCSC 081780

• Landlord sued 92 year old tenant who terminated her lease due to medical emergency. Magistrate Judge Egerton made a written ruling findign that landlord's Lease Rules which included automatic carpet cleaning, were "clearly in violation of law or unconscionable". This ruling had a significant influence on the Gaffey Class Action Ruling and Gaffey Appeal.

Please note that information provided by the Tenants' Project via this website or by phone or e-mail enquiry is only general information not detailed legal research which applies to the specific facts and law of your case. While information provided to an attorney by a prospective client has some legal protections, no attorney/relationship is formed with attorneys affiliated with the Tenants' Project until a retainer agreement is signed.