Flickinger v. Mark Iv Apartments, Association

315 N.W.2d 794 (1982)

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Nature of the Case

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Facts

Flickinger (P) was delinquent on her rent. She returned to her apartment at 9 PM and was unable to gain entrance because the locks had been changed by Mark IV (D). D had used the lockout as a previous means of collecting rent from P. P did not contact D with respect to access to her apartment but instead drove to Iowa City and was arrested and incarcerated until November 10, 1976. P’s parents came to Iowa and took custody of her children, and before returning they informed D of the situation and were allowed to remove the children’s toys and clothing from the apartment. D then moved P’s property to a locked storage facility. When P was released from jail, she made no attempt to recover the property. In January 1977 D got a default judgment against P for $500 in delinquent rent. P then moved to Pennsylvania. During subsequent telephone conversations, P was informed that her property had been stored and that she could settle the default for $200. P was informed that D wanted her property removed by February 15. D gave P notice of the removal of her property by March 13 or to give it written permission to dispose of the property. P wanted D to keep the property until May and D assented. P then sent D three $20 checks to be applied to the settlement of the delinquent rent. P did not remove the property in May and D notified P that if it were not removed by September, it would be given to Goodwill. There is evidence that P returned to Iowa City in the fall of 1978 and removed property on three occasions. P also claims that in her last phone call with D, her remaining property was in the process of being disposed of. P sued D. P introduced a schedule of the items of personal property she did not recover from D. The trial court found that D had wrongfully retained all of the items with the exception of baby clothes. The court ordered D to return the property or pay $2,471. Both parties appealed; P for failure of the court to award loss of use.