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Iowa Courts 10/17/2016

I have oral argument in the Iowa Supreme Court on Wednesday October 19, 2016 in Kline v. Southgate There are two cases scheduled at 9am. Chances are we will be up second, so either at 9am or around 9:30 am or so. The arguments are live streaming on the Iowa Courts Youtube channel
https://www.youtube.com/channel/UCL6EU7W8kqDKnKPUzMdxr_g

There's some very rights at stake in this case for tenants. First, the landlord is trying to overrule the right to a legal lease, a lease free from illegal provisions. If they win on this issue landlords can knowingly include illegal provisions in their leases and mislead and intimidate their tenants without any consequences.

Also at issue are liquidated (set fees) versus actual damages. We think that both landlords and tenants can only get actual damages. Otherwise landlords either fine or penalize their tenants or overcharge them.

Big case!

Iowa Courts The Iowa Judicial Branch dedicates itself to providing independent and accessible forums for the fair and prompt resolution of disputes, administering justic...

07/18/2016

Staley v Barkalow Settlement Notice!!!!! Share this with Big Ten Property Management Tenants for 2010-11 and 2011-12. Don't miss out on your settlement award!!!

You can see a longer explanation and the complete settlement and other information at ictenantsclassaction.com/barkalow.html This settlement will not take effect and no payments will be made without court approval. The court will hold a fairness hearing at the Johnson County Courthouse on August 17, 2016 at 10am to decide whether to approve the settlement.

If you were a tenant of Big Ten Property Management or TSB Holdings in Iowa City, Iowa for the 2010-11 or 2011-12 lease terms you are automatically part of the class; there is no way to join the class action. Under the proposed settlement class members would receive $65 for each annual lease term they were tenants. These payments are intended to compensate tenants for possible prohibited provisions in their leases, the proposed settlement does not include other charges, like security deposit deductions for cleaning or damage, made on an individual basis. If the class settlement is approved all class members, whether they receive notification or not, will be bound by the settlement and may not make individual claims for damage due to prohibited lease provisions. Class members can register to begin the payment process at adisettlement.com. Payments will be made only after verification of eligibility and identity and if the court approves the settlement. Class members may also opt out of the class payment and exclude themselves from the class at ictenantsclassaction.com/barkalow.html

You can ask the Court to deny approval of the settlement by filing an objection. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. You can object by sending a Notice of Objections and/or appear at the fairness hearing by sending a Notice of Intention to Appear at ictenantsclassaction.com/barkalow.html

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

For further information see ictenantsclassaction.com/barkalow.html

Class Action Notification - Iowa City Tenants' Staley v Barkalow Class Action Settlement Information on the Class Action against TSB Holdings and Big Ten Property Management.

05/06/2016

BIG VICTORY!!!! We just got the decisions today in DeStefano v. Apts Downtown and Caruso v. Apts Downtown, where the Iowa Supreme Court struck down automatic carpet cleaning and also refused to let landlords charge tenants for health and safety repairs.

Here are the decisions!http://www.ictenantsclassaction.com/DeStefanoDecision.pdfhttp://www.ictenantsclassaction.com/CarusoDecision.pdf

www.ictenantsclassaction.com

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