Eviction Defense unlawful detainer california question regarding plaintiffs service

[byebyelatefee]

I am the tenant who is being evicted. I have filed my answer with the court on 5/19/14 which was a Monday. The opposing attorney has mailed me a lot of discovery paperwork which I see mostly as intimidation tactics. I have two questions.

1. One of the items is Request for inspection to sample, test, photograph, copying of documents and have set an actual date/time to enter my home to do these things. I absolutely reject to this request because this unlawful detainer is just a matter of unpaid rent. I did not bring up any affirmative defenses in my reply and the only item I denied on my answer was the total rent owed. My entire defense rests on the fact that the landlords late fees are illegal and should not be part of the 3-day quit notice. He charges me a late fee every month even on months I pay rent in full because of prior late fees. Now should I write the opposing attorney a letter letting him know I refuse to let them in to snoop around my apartment? This is clearly bullying because it falls in line with "The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense."

2. The opposing attorney mailed their discovery requests on 5/22 which was 4 days after I filed my answer with the courts. The code states "The plaintiff may serve the defendant with written interrogatories without leave of court at any time that is five days after service of the summons on, or appearance by, the defendant, whichever occurs first. CCP §2030.020(c)." Does that mean that his service of discovery is not valid and they must reserve me after the 5 day waiting period is foregone?

 

[army judge]

I wish you well.
All late fees aren't created equally, as you'll soon read, OP.

Insofar as any eviction action, unpaid fees and rent, offer a defendant little wiggle room in most states.
However, Iowa isn't most states in this regard.
As a graduate of one of only two law schools in Iowa, its painful, but I'm recalling property law in Iowa.


The late fees that seem to be the basis for this action must comply with a very strict guideline.
Any late fees that deviate from the code percentage listed in the banking code ($10/day for 4 days for a max of $40 per month).
In essence, late fees can overwhelm many renters.
Iowa's legislature limits what a landlord can assess as late fees.


If the attorney is seeking YOU to pay his fees and expenses pursuant to this action, that is a potential violation of Iowa law, too.
Iowa Code section 562A.11(1)(c).

Before I can offer any additional information (except what follows), what are you attempting to accomplish?
Are you trying to stay in the unit, or just eliminate the late fees?

You didn't ask, but you might have other possible defenses.
If you reside in a city with a population over 15,000, a certificate of occupancy is required.
Absent a valid Inspection Certificate (if required) means the property cannot legally be rented.

The tenancy would be void for illegality, but the landlord still might recover rent in quantum meruit (basically meaning recovery for what is owed).

http://dictionary.law.com/Default.aspx?selected=1692

In Des Moines, landlords can face fines of up to $500 for leasing homes without a proper rental certificate.

A lease must be in writing to allow the landlord to recover fees over and above rent that is alleged to be unpaid.


A tenant has the exclusive right to occupy the rental unit, but this right is limited.
State v. Mann, 463 N.W.2d 883, 884 (Iowa 1990).
A landlord has the right to enter the rental unit to:
a. Inspect the premises. Iowa Code section 562A.19(1).
b. Make necessary or agreed repairs, decorations, alterations, or improvements. Iowa Code section 562A.19(1).
c. Supply necessary or agreed services. Iowa Code section 562A.19(1).
d. Exhibit the rental unit to prospective or actual purchasers, lenders, contractors, or tenants. Iowa Code section 562A.19(1).
e. In an emergency. Iowa Code section 562A.19(3). A landlord may enter the apartment to check on a resident in the case of an emergency.
f. At the tenant's request or with consent. Iowa Code section 562A.19(1). A tenant may not unreasonably withhold consent, and there is no requirement that the tenant be present. Unless an emergency, but for any other reason, the landlord must provide 24 hour notice and enter only during reasonable times. Iowa Code section 562A.19(3). A landlord may enter the apartment to perform a routine welfare check with the prior written consent of the tenant (an agreed service of the landlord). Iowa Code section 562A.19(1).

I hope this offers you further food for thought, but fighting an experienced attorney can be detrimental to any right you are trying to protect.

You should endeavor to seek the advice of competent counsel, OP.