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Today we are speaking with Peter Riley of the Tom Riley Law Firm about a variety of questions from viewers.
This week we start with a question from our last episode. Is there a way i can sue my landlord after sewage keeps backing up into my basement and the landlord won’t fix it properly? Peter explains all housing relationships are covered by the Uniform Residential Landlord Tenant act. It provides duties to the landlord including provide a livable location for the tenant. You may have the ability to sue for damages, damage enhancements, lawyer fees and other items. You should call a lawyer and discuss what may be able to be done in this situation.
Stacy asks, can homeowners insurance companies be sued for pain and suffering while dragging out your claim? Basically, no. This is an unfortunate circumstance for many people. Iowa courts and legislature are very protective of insurance companies. In bad faith claims, there are some older cases that recognize the potential for emotional distress cases, but that has been very much narrowed by the courts.
Is it legal for the IRS to spy on all of our transactions, or is the government over stepping? In general, there are limits on the power of the government to obtain information. The IRS does have some ability in the absence of a warrant to obtain some information. Things like reporting wages and business income can be captured by the IRS without a warrant. There is possible legislation that may make bank accounts more visible, however that legislation has not been enacted at this time.
Lisa asks, how strict are the Iowa laws when in comes to assault on a police officer? It is against the law to assault anyone, and that isn’t restricted to physical touching. There are also laws to keep people from interfering with government duties. There are a number of cases obtaining to false arrests that are getting acquittals. These are often protest related cases. It is ultimately up to a jury to decide if you were operating in a lawful manner or not.
Recently I received notice in the mail that I was caught speeding by a traffic camera. Am I obligated to pay this and what happens if I don’t? Peter explains that this is a debt that is required to be paid and it can be withheld from tax refunds at the state level. This is an ongoing issue that has been discussed for several years. It is enforceable but can be disputed if you so desire.
Frank says, in today’s local election there is an option for a casino to be built downtown. Why does this keep coming up in elections every year even though it keeps getting voted down? Peter explains that it has come up 2 times now and that if the voters approve it, it’s up to the gaming commission to grant the license. Even if the proposal wins, there’s no guarantee the gaming commission will grant a license.
Stan says, last week a Nelly concert was cancelled at the last minute. As a ticket holder we can get the cost of a ticket reimbursed, but not the handling fees. This seems like a ripoff. Can we get those fees refunded? It depends on what was in the ticket agreement. If it is clear that the handling fees would not be returned then you have no case. But if it wasn’t clear, there may be a legal argument to claim those fees.
Ann is asking, is there a legal way to stop her husband from drinking constantly at the local tavern? Peter explains that no, there’s really no way to get the tavern to stop serving him and he has the legal right to go where he wants to go.
Our last question asks, do you think the recent revelation that multiple US Representatives conspired with homegrown terrorists to incite the Jan 6th attack on the capitol will result in charges? Peter tells us that the practical problem comes in the investigation and prosecution process. The department of justice could investigate it themselves and we may not even know. The congressional investigation can take so long that those being investigated may be able to “run out the clock” and avoid any sort of prosecution.
For more information you can visit the Tom Riley Law Firm.