Kading Properties, LLC – Tenant Closeout Status Request

MEMORANDUM

To: Kading Properties, LLC
7008 Madison Ave
Urbandale, IA 50322
(515)-276-9384
office@kadingproperties.com

Subj:  KADING PROPERTIES, LLC – TENANT CLOSEOUT STATUS REQUEST

Ref:  1.  Iowa Code Title XIV Property | Chapter 562A – UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW – Section 562A.12 – Rental deposits.
2.  Iowa Code Title XIV Property | Chapter 562A – UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW – Section 562A.15 – Landlord to maintain fit premises.
3.  Iowa Code Title XIV Property | Chapter 562A – UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW – Section 562A.21 – Noncompliance by the landlord – in general.

Enc:  1.  Kading Properties, LLC – Lease – 13 JUN 2021
2.  Electronic Mail – Michael J. Merritt – 06 OCT 2021
3.  Memorandum – Michael J. Merritt – 05 JUN 2022
4.  Electronic Mail – David Wetsch – 24 JUN 2022
5.  Electronic Mail – Michael J. Merritt – 31 JUL 2022
6.  Electronic Mail – Michael J. Merritt – 20 AUG 2022

1.  Introduction

The purpose of this correspondence is to open communications between Kading Properties, LLC and previous tenants shown in section 1.1 of Enclosure (1.) regarding the release of security deposit funds referenced in section 1.4 of Enclosure (1.) in accordance with Reference (1.), and other expenses incurred by the tenants during the agreed upon lease time frame shown in section 1.2 of Enclosure (1.)

2.  Historical Record

On 06 OCT 2021, the originator communicated a preliminary estimate of financial damages incurred from the evidence of Kading Properties, LLC’s alleged failure to adhere to References (2.) and (3.)

On 05 JUN 2022, the originator communicated a final cost and receipt provided by the City of Newton, IA showing evidence of $278.62 in financial damage incurred by tenants shown in section 1.1 of Enclosure (1.) due to Kading Properties, LLC alleged failure to properly address maintenance requests 6447-1 and 6540-1.

On 24 Jun 2022, David Wetsch of Dickinson Law identified himself as the legal representative of Kading Properties, LLC in Enclosure (4.)

Enclosure (5.) documents the tenants shown in section 1.1 of Enclosure (1.) communicated they vacated 720 1st ST S, Newton, IA 50208 on the final day of the agreed-upon lease outlined in section 1.2 of Enclosure (1.) with the legal counsel of the lessor (Kading Properties, LLC).  Enclosure (5.) included a forwarding address for the disbursement of the retained security deposit specified in section 1.4 of Enclosure (1.), or for Kading Properties, LLC to provide a proper account of all close-out expenses.  As of 14 SEP 2022 (+45 days from the termination of Enclosure (1.), Kading Properties, LLC has failed to provide either to the previous tenants shown in section 1.1 of Enclosure (1.) within the required timelines specified in Reference (1.)

On 20 Aug 2022 the originator of this correspondence requested documentation for 720 1st St S, Newton, IA 50208 showing the historical billing from June 2018 – August 2022, historical maintenance request logs from June 2018 – August 2022, and all lease agreements between Kading Properties, LLC and tenants shown in section 1.1 of Enclosure (1.) as shown in Enclosure (6.).  As of 14 SEP 2022 (+25 Days from the transmission of Enclosure (6.), Kading Properties, LLC has failed to respond or provide these requested documents.

3.  Conclusion

(a.)  Paragraph (4.) of Reference (1.) states, “A landlord who fails to provide a written statement within thirty days of termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions shall forfeit all rights to withhold any portion of the rental deposit. If no mailing address or instructions are provided to the landlord within one year from the termination of the tenancy the rental deposit shall revert to the landlord and the tenant will be deemed to have forfeited all rights to the rental deposit.”

Kading Properties, LLC is directed to release the sum of the security deposit referenced in section 1.4 of Enclosure (1.) prior to 28 SEP 2022 in accordance with paragraph 4 of Reference (1.)

(b.)  Paragraph (1.)(a.)(2) of Reference (2.) states a landlord shall, “Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”

Paragraph (1.)(a.)(4) of Reference (2.) states a landlord shall, “Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord.”

Paragraph (2.) of Reference (3.) states, “Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 562A.15 unless the landlord demonstrates affirmatively that the landlord has exercised due diligence and effort to remedy any noncompliance, and that any failure by the landlord to remedy any noncompliance was due to circumstances reasonably beyond the control of the landlord. If the landlord’s noncompliance is willful the tenant may recover reasonable attorney fees.”

Kading Properties, LLC is directed to reimburse the sum of $278.62 in financial damages incurred by the tenants specified in Section 1.1 of Enclosure (1.) due to Kading Properties, LLC’s alleged failure to properly address maintenance requests 6447-1 and 6540-1 in accordance with paragraph (1.)(a.)(2) and paragraph (1.)(a.)(4) of Reference (2.) by 28 SEP 2022.