Elyse De Stefano v. Apts. Downtown, Inc.

I respectfully concur in part and dissent, in part because I disagree with two conclusions reached by the court. In particular, I do not think small claims courts can award unlimited attorneys’ fees without regard to the $5000 jurisdictional limit. Nor do I think the Iowa Uniform Residential Landlord and Tenant Act (IURLTA) makes it illegal for the landlord and the tenant of a single-family home to agree that the tenant will be financially responsible for a repair to an exterior door that is vandalized during the tenancy..

I. Small Claims Jurisdiction.

I would hold "that attorneys’ fees count…