www.iowalandlord.org

January 2011

ILA LEADERSHIP

President and Legislative ChairPat Knueven (515) 278-2821pres@iowalandlord.org

Vice PresidentRex McClaflin (515) 556-1053vpres@iowalandlord.org

SecretaryNancy Bunker (515) 278-1222sec@iowalandlord.org

Treasurer and Newsletter EditorConnie Huff (515) 255-0675treas@iowalandlord.org

Vendor Committee Co-ChairsDoug Cupples (515) 276-7277Gordon Kratz (515) 986-4442vendor@iowalandlord.org

Education Committeeeducation@iowalandlord.org

Membership Committee Co-chairsKent and Bev Lehs (515) 279-4699membership@iowalandlord.org

Public Relations CommitteePhrana Myers (515) 284-8186publicrelations@iowalandlord.org

From the Desk ofYour Directors

Let’s get the New Year started!Our first Lunch & Learn speaker of

2011 will be Ed Leedom, 1st VicePresident of the Iowa Association ofCode Enforcement. Mr. Leedom’s talkwill pertain to rental housing codeenforcement. We will meet at MamaLacona’s, 3825 121st Street inUrbandale on Thursday, Jan. 20. Thelunch buffet will start at 11:30 a.m.and we will continue until 1 p.m. Costof the lunch is $20 per person. Makeyour reservation now!

The landlords’ Day on the Hill willbe held on Tuesday, Feb. 15,beginning at 10 a.m. We begin ourmeeting at the Lucas State Office

Building, 321 E. 12th, in Des Moines.The Lucas Building is directly east ofthe Capitol and connected to theCapitol by means of a tunnel.

We’ll have some issue briefings, aswell as a couple of guest speakers.Then, after lunch, members willproceed to the Capitol to meet withtheir legislators. There are many newlegislators this session and it’simportant that we get to know them asquickly as possible. It’s alwaysadvisable to communicate with yourRepresentative and Senator inadvance to tell them that you arecoming to the Capitol. Ask them whatwould be a good time for you to meetwith them. The process will be muchsmoother if you have a general idea ofthe best time to call on them.

If you have any questionsconcerning either of these meetingsplease call Connie at (515) 255-0675or email us at:ilaservices@iowalandlord.org.

WELCOME, NEW MEMBERS

Blue Heron Properties, LLC - DeniseArthur, Des Moines

Dallas Park Apts. - Phil Leino, DesMoines

Kelly Junge, Ames

Gentry Management - Dow Roettger,Clive. Gentry’s complexes includeElite Estates, Ankeny. Alpine Manor,Hickory Ridge and Oakwood in Ames

Dewey Booth, Clive

New members continued at thebottom of the first column on pagetwo ...

Directors: Dennis McDonald and David Sollenbarger

MEET A NEW VENDORC.N.A. Company is located in

Newton, Iowa, and providesremodeling services to homeownersand businesses throughout Iowa.Their products include replacementwindows, entry doors, siding, guttersand gutter covers. C.N.A. has been inbusiness for 17 years and has its ownbrand of products and its own trainedinstallation technicians. The companystrives to stay on the cutting edge oftechnology with all their products,which allows them to offer not onlylifetime labor and material andnon-prorated warranties, but alsoguaranteed energy savings on theirwindow and siding products. Theymay be contacted at 1 (877) 755-2888for more information.

New Members

Altoona Terrace Apts., Altoona

Fenholt Apts. - Karen Fenholt VanderLee, Charles City

Premier Real Estate Services - SamiJo Smith, Urbandale. This company’scomplexes include: Bennett GrandWoods Apts., Dodge StreetProperties, Drake Park Apts.,Meadowlark Properties, Polo ClubApts. and Regency Plaza.

Meet a New Vendor

CORT, a Berkshire HathawayCompany, is the world’s largestprovider of rental furniture. In businessfor over 40 years, they have servedmillions of individuals as well as over80% of Fortune 500 companies.

Along with furniture, CORT also offersa full range of electronics andhouseware rentals including TVs,appliances, linens, kitchenware andbath items. They offer everything

necessary to walk right in the doorand be at home.

As a trusted and reliable businesspartner, CORT’s been known for theirservice and commitment to you, yourclient and your company. Visit ourwebsite at www.CORT.com or call usat (515) 254-9002.

Your Newsletter: A Tool for theNew Year

Everyone likes to start newpractices and habits as the new yearbegins. Make sure your habits includeregularly reading your newsletter.We’ll continue to fill this publicationwith important information to createthe best communications tool ever tokeep you informed. After all,information is power! So take strengthfrom your knowledge and stayup-to-date for a great year ahead!

Be Careful!Icy walks and stairs can be

treacherous this time of year. Pleaseuse caution when walking, especiallyon steps and in parking lots. Black iceis hard to distinguish, so please becareful out there!

Q: The question is about age ofconsent and who can sign a rentalagreement. Generally, the age ofmajority is age 18. Are there anyexceptions?

A: A young lady, with a new babyin her arms, fills out an application,and informs you she is 17, attendingalternative high school, she is notmarried to the father of the baby (infact he is not in the picture), and livingat home is no longer an option.

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Let’s say all your checking showsshe would be a good tenant;everything is fine except for one thing:she is 17. What are you going to do?

Renting to a minor:The age of majority in Iowa is 18,

but all minors attain their majority bymarriage. Iowa Code Section 559.1.Okay, this is no help. She is 17 andunmarried.

A minor is bound by contracts fornecessaries. A minor is also bound bythe minor’s other contracts, unless theminor disaffirms them within areasonable time after attainingmajority and restores to the otherparty all money received by the minor.Iowa Code Section 559.2

This starts to help. You are facedwith a couple of considerations. Is theshelter of your rental unit a necessity?If it is not, what can she disaffirm?

Iowa does not have a good caselaw on this topic. Looking at laws fromother states helps the discussion.

The following comments comefrom 43 C.J.S. Infants. The extent towhich such things are in factnecessary is a relative fact to begoverned by the fortune andcircumstances of the minor and herstate and condition in life. Lodging is anecessity for the payment of which aminor may be bound. However, wherethe minor’s parent has the ability andis willing to support the minor, lodgingfurnished to such minor by anotherwithout the parent’s consent is not anecessity for which the minor is liable.If there is a combination ofemancipation with necessity, there isoften an enlarged and extendednecessity for the purpose ofdetermining the liability of a minor onher contracts.

Iowa does not have a statute onemancipation; it is derived fromcase law.

The fact alone that a minor isoutside the home expending her ownmoney does not demonstrateemancipation. Emancipation does notcome from the child moving out andsaying she is emancipated.Emancipation really comes from theparents disaffirming their parentalrights and obligations. The child thenhas more “necessities” for life.

What if you rent to her, and find outthe rental was not a “necessity”? Whatcould she disaffirm and what is yourexposure? If you rent month-to-month,you get rent up front, and a securitydeposit. If she tries to say she is aminor and disaffirms the rentalagreement, the service of providingthe unit is already consumed, and shecannot return it. You would retain anyrent already paid. She would of courseneed to vacate. I would advise you totreat the security deposit the same asyou would with any other tenant.

If you rent on a longer lease, aftershe turned 18, she could try todisaffirm within a reasonable time.

She would of course need tovacate once she disaffirms. If youwant to hold her to the lease and theunpaid rent, you might face a proofproblem as to the “necessity” of her toprovide her own shelter, and beingbound by the longer lease. Yourexposure is early termination of whatyou thought was a longer term lease.You would want to be on top ofcollecting rent so you do not get ina hole.

Damages. What if there aredamages to the rental unit? IowaCode Section 624.38 provides a minoris liable for their own acts as providedby common law or other statutes. But,the minor may be judgment proof –e.g. have no assets. Iowa CodeSection 613.16 provides the custodialparents of an unemancipated minorare liable for damages to person or

property caused by unlawful acts ofsuch child. This is limited to (a.) Notmore than two thousand dollars forany one act, and (b.) Not more thanfive thousand dollars, payable to thesame claimant, for two or more acts.You would sue the custodial parentsand the minor child. To go after theparents you need to claim the child isunemancipated to make the parentsresponsible. This may be a contraryclaim to your claiming she wasemancipated and could contract forher own shelter.

Resolution.So what are you going to do with

the young lady? If you want to rent toher even though she is under 18, youcould take several steps.

You could get her custodial parentsto sign the lease and be primarilyresponsible jointly and severally withher for rent and damages.

Get a statement signed by hercustodial parents stating that theyeither are not willing or are not able toprovide living accommodations fortheir daughter and her getting her ownrental is a necessity, or stating she isemancipated and living on her ownand responsible for her own shelter.

Have her sign a lease that runs nolonger than to her 18th birthday, thenhave her sign a new one.

Stay on top of her rental paymentsand condition of the rental unit.

“The determination of the need forlegal services and the choice of alawyer are extremely importantdecisions and should not be basedsolely upon advertisements orself-proclaimed expertise. Thisdisclosure is required by the rule ofthe Supreme Court of Iowa.”

Current Resident12345 Sample AddressCity, ST 00000

January 2011Sunday Monday Tuesday Wednesday Thursday Friday Saturday

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9 10NATIONAL

CUT YOUR ENERGY COSTS DAY

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Martin LutherKing Jr. Day

18 19 20Lunch & Learn -Mama Lacona’s,3825 121st St.,Urbandale11:30 a.m.–1 p.m.

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