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Re: 3 Months rent behind - Landlord Forum thread 360481

Re: 3 Months rent behind by Garry on May 11, 2020 @14:39

                              
Yes and No. If you issue a 3 day notice to pay JUNE'S rent, and he pays you ANY money, you must make a receipt out to your T for JUNE'S rent. If he pays MORE than June's rent, then you can put that money towards back rent. If he pays you June"s rent in full, you will need to either cancel your court date, or go to your court date, and have that case dismissed by the judge. Any back rent owed you after your court date, you would need to file a new, separate suit for money owed-------NOT an EVICTION suit.

All people in Iowa have at least a year (maybe 2), to file a suit for any money owed them, regardless of why the money is owed. The max in small claims court in Iowa is $6,500.
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Re: 3 Months rent behind by Elyza on May 11, 2020 @16:38 [ Reply ]
Can I start doing the money suit for previous balance now? Is money judgment form? And then continue in June with the eviction?
How long does a money judgment take ?
    Re: 3 Months rent behind by Garry on May 11, 2020 @18:03 [ Reply ]
    You should WAIT until your T is TOTALLY out and gone, whenever that may be. Only THEN can you figure out all the costs for rents owed, damages he left you, any court costs to remove the T, and you have subtracted his deposit from that amount. You will need to get the security deposit statement out to the T within 30 days after he is out.

    Whatever final amount he owes you, be sure to ask in that statement, for him to send you a money order within 30 days for that amount. If you get nothing, THEN you can proceed to court for the remaining amount he still owes you. ALSO remember, even if you win in court, you may never collect on that judgement.

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