Iowa case law summary by Attorney Richard Clem: Iowa Landlord-Tenant, Contract for Deed.

Kristina Lewis v. Howard L. Allen Investments, Inc., et al. Iowa Landlord-Tenant, Contract for Deed

The defendant in this Black Hawk County, Iowa, case was the seller under a contract of sale for a house. The buyer lived in the house for about five years, and then leased the property to the plaintiff. The house caught fire, and the plaintiff was injured. She sued both the buyer and the seller under the contract, alleging that both of them owed her a duty. The district court dismissed the defendant, and the case was ultimately heard by the Iowa Supreme Court.

At issue was whether the defendant owed a duty to provide fit premises under Iowa Code chapter 562A. The court examined the definitions of the words "owner" and "landlord" as used in the statute and concluded that the defendant, a seller under a contract for deed, owed no such duty to the plaintiff. Therefore, it affirmed the lower court's ruling.

No. 19-1640 (Iowa Mar. 19, 2021).

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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