Landlord keeping 2 deposits on the same unit

[zimmerru]

I am looking to sublease an apartment from a woman whos lease is not up until July 31st 2011 (she resigned early). I intend on moving in a few days after she moves out, but the landlord won't release her securiy deposit until July 31st of 2011, despite making me pay the same security deposit to move in. So essentially for the time from me moving in till July 31, 2011 they will have 2 deposits for the same apartment. Is that legal? I am paying the landlord rent/deposit, not the woman who is moving out. How can he keep her deposit as well?

I ask because she is upset, and the landlord wants me to pay the deposit when i sign the lease, even though we arnt moving in for a couple months (she isn't moving out for a couple months either).

 

[army judge]

I am looking to sublease an apartment from a woman whos lease is not up until July 31st 2011 (she resigned early). I intend on moving in a few days after she moves out, but the landlord won't release her securiy deposit until July 31st of 2011, despite making me pay the same security deposit to move in. So essentially for the time from me moving in till July 31, 2011 they will have 2 deposits for the same apartment. Is that legal? I am paying the landlord rent/deposit, not the woman who is moving out. How can he keep her deposit as well?

I ask because she is upset, and the landlord wants me to pay the deposit when i sign the lease, even though we arnt moving in for a couple months (she isn't moving out for a couple months either).

This is time for you to negotiate.
Tell the landlord the you'll pay the deposit after the woman moves out and she has her deposit returned.
You won't pay it before you move into the unit.
Many things could happen before you take possession of the unit.
In this down market, you don't have to do ridiculous things like this.
If he isn't willing to do that, you don't want to rent from this crook.
If he won't give her back her deposit, he won't give you back yours.
Find an apartment you can rent on your own.
Don't get stuck in someone's sublet.
Who cares if its legal?
You can choose how and where to spend YOUR money.
Don't spend it with this crook.
I smell trouble for you, if you rent from this thief.

Here is what Iowa law says about security deposits.


* Security deposits are regulated by Iowa Code Chapter 562A.12.
* Landlords are allowed to take a maximum of two (2) months rent as a security deposit.
* Landlords may have the deposit in an interest-bearing account and are entitled to keep any interest up to five years of the tenancy. (After five years the tenant can request the interest)
* Deposits can only be used for the following purposes:
o To remedy a tenant's default in the payment of rent or of other funds due to the landlord pursuant to the rental agreement.
o To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted.
o To recover expenses incurred in acquiring possession of the premises from a tenant who does not act in good faith in failing to surrender and vacate the premises upon noncompliance with the rental agreement and notification of such noncompliance pursuant to this chapter.
* If your landlord does not return your security deposit and/or an explanation of charges within 30 days of the termination of your lease and the landlord's receipt of your forwarding address, he/she forfeits the right to withhold money from your deposit. However, your landlord may still sue you in small claims court for damages and unpaid rent. If you are in a situation with your deposit, fill out our assistance form. (Note: If you sublease, your landlord has the right to keep your deposit until after your original lease term is up.)
* If you end up in small claims court over your security deposit, the burden of proof for any charges he/she has taken out of your deposit falls on the landlord. If the judge finds that the landlord withheld money from the deposit in bad faith, punitive damages of up to $200 may be assessed to the landlord.

http://www.rentiowa.com/tenantcenter.cfm?CID=6

IOWA SECURITY DEPOSIT​

* Security deposits are regulated by Iowa Code
* Landlords are allowed to take a maximum of two (2) months rent as a security deposit.

Deposits can only be used for the following purposes:

1-To remedy a tenant's default in the payment of rent or of other funds due to the landlord pursuant to the rental agreement.
2-To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted.
3-To recover expenses incurred in acquiring possession of the premises from a tenant who does not act in good faith in failing to surrender and vacate the premises upon noncompliance with the rental agreement and notification of such noncompliance pursuant to this chapter.



http://www.rentlaw.com/dep/iowadeposit.htm