Legal Opinion

Elyse De Stefano v. Apts. Downtown, Inc.

Supreme Court of Iowa

Decided May 6, 2016No. 14–0820PublishedCited by 44 opinions

1Opinion of the Court

APPEL, Justice.

This case is a landlord-tenant dispute that was initially tried as a small claims matter. The case presents a preliminary question of first impression, namely, whether an award of attorneys’ fees should be considered as part of the “amount in controversy” for purposes of determining the jurisdiction of the small claims court. If there is subject matter jurisdiction, the case includes several important issues under the Iowa Uniform Residential Landlord and Tenant Act (IURLTA), including (1) whether a landlord may enter into a contract with a tenant that requires the tenant to…

2Cases cited89 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Green v. Superior CourtCalifornia Supreme Court · 1974
  3. Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
  4. Marini v. IrelandSupreme Court of New Jersey · 1970
  5. Boston Housing Authority v. HemingwayMassachusetts Supreme Judicial Court · 1973

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3Cited by44 opinions

  1. State of Iowa v. Sayvon Andre ProppsSupreme Court of Iowa · 2017
  2. United Electrical, Radio & Machine Workers of America v. Iowa Public Employment Relations Board and State of Iowa and Board of RegentsSupreme Court of Iowa · 2019
  3. Daniel Kline, Frank Sories, and Amaris McCann v. Southgate Property Management, LLCSupreme Court of Iowa · 2017
  4. Gregory Baldwin v. City of Estherville, IowaSupreme Court of Iowa · 2019
  5. Lenora Caruso v. Apts. Downtown, Inc.Supreme Court of Iowa · 2016

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