Landlord Tenant Law Iowa Code 562A

CHAPTER 562A UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW

        
562A.1  SHORT TITLE.
         This chapter shall be known and may be cited as the "Uniform
      Residential Landlord and Tenant Act".  

         Section History: rly Form

         [C79, 81, § 562A.1]
        
562A.2  PURPOSES -- RULES OF CONSTRUCTION.
         1.  This chapter shall be liberally construed and applied to
      promote its underlying purposes and policies.
         2.  Underlying purposes and policies of this chapter are:
         a.  To simplify, clarify, modernize and revise the law
      governing the rental of dwelling units and the rights and obligations
      of landlord and tenant; and
         b.  To encourage landlord and tenant to maintain and improve
      the quality of housing.
         c.  To insure that the right to the receipt of rent is
      inseparable from the duty to maintain the premises.  

         Section History: Early Form

         [C79, 81, § 562A.2]
        
562A.3  SUPPLEMENTARY PRINCIPLES OF LAW APPLICABLE.
         Unless displaced by the provisions of this chapter, the principles
      of law and equity in this state, including the law relating to
      capacity to contract, mutuality of obligations, principal and agent,
      real property, public health, safety and fire prevention, estoppel,
      fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or
      other validating or invalidating cause, shall supplement its
      provisions.  

         Section History: Early Form

         [C79, 81, § 562A.3]
        
562A.4  ADMINISTRATION OF REMEDIES -- ENFORCEMENT.
         1.  The remedies provided by this chapter shall be administered so
      that the aggrieved party may recover appropriate damages.  The
      aggrieved party has a duty to mitigate damages.
         2.  A right or obligation declared by this chapter is enforceable
      by action unless the provision declaring it specifies a different and
      limited effect.  

         Section History: Early Form

         [C79, 81, § 562A.4]
        
562A.5  EXCLUSIONS FROM APPLICATION OF CHAPTER.
         Unless created to avoid the application of this chapter, the
      following arrangements are not governed by this chapter:
         1.  Residence at an institution, public or private, if incidental
      to detention or the provision of medical, geriatric, educational,
      counseling, religious, or similar service.
         2.  Occupancy under a contract of sale of a dwelling unit or the
      property of which it is a part, if the occupant is the purchaser or a
      person who succeeds to the purchaser's interest.
         3.  Occupancy by a member of a fraternal or social organization in
      the portion of a structure operated for the benefit of the
      organization.
         4.  Transient occupancy in a hotel, motel or other similar
      lodgings.
         5.  Occupancy by an employee of a landlord whose right to
      occupancy is conditional upon employment in and about the premises.
         6.  Occupancy by an owner of a condominium unit or a holder of a
      proprietary lease in a co-operative.
         7.  Occupancy under a rental agreement covering premises used by
      the occupant primarily for agricultural purposes.
         8.  Occupancy in housing owned by a nonprofit organization whose
      purpose is to provide transitional housing for persons released from
      drug or alcohol treatment facilities and in housing for homeless
      persons.  

         Section History: Early Form

         [C79, 81, § 562A.5] 

         Section History: Recent Form

         95 Acts, ch 125, §2
        
562A.6  GENERAL DEFINITIONS.
         Subject to additional definitions contained in subsequent articles
      of this chapter which apply to specific articles or its parts, and
      unless the context otherwise requires, in this chapter:
         1.  "Building and housing codes" include a law, ordinance, or
      governmental regulation concerning fitness for habitation, or the
      construction, maintenance, operation, occupancy, use, or appearance
      of a premises or dwelling unit.
         2.  "Business" includes a corporation, government,
      governmental subdivision or agency, business trust, estate, trust,
      partnership or association, two or more persons having a joint or
      common interest, and any other legal or commercial entity.
         3.  "Dwelling unit" means a structure or the part of a
      structure that is used as a home, residence, or sleeping place.
         4.  "Good faith" means honesty in fact in the conduct of the
      transaction concerned.
         5.  "Landlord" means the owner, lessor, or sublessor of the
      dwelling unit or the building of which it is a part, and it also
      means a manager of the premises who fails to disclose as required by
      section 562A.13.
         6.  "Owner" means one or more persons, jointly or severally,
      in whom is vested:
         a.  All or part of the legal title to property; or
         b.  All or part of the beneficial ownership and a right to
      present use and enjoyment of the premises, and the term includes a
      mortgagee in possession.
         7.  "Premises" means a dwelling unit and the structure of
      which it is a part and facilities and appurtenances of it and
      grounds, areas and facilities held out for the use of tenants
      generally or whose use is promised to the tenant.
         8.  "Reasonable attorney's fees" means fees determined by the
      time reasonably expended by the attorney and not by the amount of the
      recovery on behalf of the tenant or landlord.
         9.  "Rent" means a payment to be made to the landlord under
      the rental agreement.
         10.  "Rental agreement" means an agreement written or oral,
      and a valid rule, adopted under section 562A.18, embodying the terms
      and conditions concerning the use and occupancy of a dwelling unit
      and premises.
         11.  "Rental deposit" means a deposit of money to secure
      performance of a residential rental agreement, other than a deposit
      which is exclusively in advance payment of rent.
         12.  "Roomer" means a person occupying a dwelling unit that
      lacks a major bathroom or kitchen facility, in a structure where one
      or more major facilities are used in common by occupants of the
      dwelling unit and other dwelling units.  Major facility in the case
      of a bathroom means toilet, or either a bath or shower, and in the
      case of a kitchen means refrigerator, stove or sink.
         13.  "Single family residence" means a structure maintained
      and used as a single dwelling unit.  Notwithstanding that a dwelling
      unit shares one or more walls with another dwelling unit, it is a
      single family residence if it has direct access to a street or
      thoroughfare and shares neither heating facilities, hot water
      equipment, nor any other essential facility or service with another
      dwelling unit.
         14.  "Tenant" means a person entitled under a rental agreement
      to occupy a dwelling unit to the exclusion of another.
         15.  "Transitional housing" means temporary or nonpermanent
      housing.  

         Section History: Early Form

         [C79, 81, § 562A.6] 

         Section History: Recent Form

         95 Acts, ch 125, §3
         Referred to in § 135O.1
        
562A.7  UNCONSCIONABILITY.
         1.  If the court, as a matter of law, finds that:
         a.  A rental agreement or any provision of it was
      unconscionable when made, the court may refuse to enforce the
      agreement, enforce the remainder of the agreement without the
      unconscionable provision, or limit the application of an
      unconscionable provision to avoid an unconscionable result.
         b.  A settlement in which a party waives or agrees to forego a
      claim or right under this chapter or under a rental agreement was
      unconscionable at the time it was made, the court may refuse to
      enforce the settlement, enforce the remainder of the settlement
      without the unconscionable provision, or limit the application of an
      unconscionable provision to avoid any unconscionable result.
         2.  If unconscionability is put into issue by a party or by the
      court upon its own motion the parties shall be afforded a reasonable
      opportunity to present evidence as to the setting, purpose, and
      effect of the rental agreement or settlement to aid the court in
      making the determination.  

         Section History: Early Form

         [C79, 81, § 562A.7]
        
562A.8  NOTICE.
         A person "notifies" or "gives" a notice or notification to another
      by taking steps reasonably calculated to inform the other in ordinary
      course whether or not the other actually comes to know of it.  In the
      case of the landlord, notice is received when it comes to the
      landlord's attention or when it is delivered in hand or mailed by
      certified mail or restricted certified mail, as defined in section
      618.15, whether or not the landlord signs a receipt for the notice,
      to the place of business of the landlord through which the rental
      agreement was made or at a place held out by the landlord as the
      place for receipt of the communication or delivered to any individual
      who is designated as an agent of the landlord.  In the case of the
      tenant, notice is received when it comes to the tenant's attention or
      when it is delivered in hand to the tenant or mailed by certified
      mail or restricted certified mail, as defined in section 618.15,
      whether or not the tenant signs a receipt for the notice, to such
      person at the place held out by such person as the place for receipt
      of the communication, or in the absence of such designation, to such
      person's last known place of residence.
         Any notice required under this chapter, except a written notice of
      termination required by section 562A.27, subsection 1 or 2, a notice
      of termination and notice to quit under section 562A.27A, a notice to
      quit as required by section 648.3, or a petition for forcible entry
      and detainer pursuant to chapter 648, shall be deemed legally
      sufficient notice if made by posting at or delivering to the dwelling
      unit.  The date of posting of the notice shall be written on the
      notice.  

         Section History: Early Form

         [C79, 81, § 562A.8] 

         Section History: Recent Form

         96 Acts, ch 1203, § 1, 2; 99 Acts, ch 155, §5, 14
        
562A.8A  COMPUTATION OF TIME.
         The calculation of all time periods required under this chapter
      shall be made in accordance with section 4.1, subsection 34.  

         Section History: Recent Form

         99 Acts, ch 155, §6, 14
        
562A.9  TERMS AND CONDITIONS OF RENTAL AGREEMENT.
         1.  The landlord and tenant may include in a rental agreement,
      terms and conditions not prohibited by this chapter or other rule of
      law including rent, term of the agreement, and other provisions
      governing the rights and obligations of the parties.
         2.  In absence of agreement, the tenant shall pay as rent the fair
      rental value for the use and occupancy of the dwelling unit.
         3.  Rent shall be payable without demand or notice at the time and
      place agreed upon by the parties.  Unless otherwise agreed, rent is
      payable at the dwelling unit and periodic rent is payable at the
      beginning of any term of one month or less and otherwise in equal
      monthly installments at the beginning of each month.  Unless
      otherwise agreed, rent shall be uniformly apportionable from
      day-to-day.
         4.  Unless the rental agreement fixes a definite term, the tenancy
      shall be week-to-week in case of a roomer who pays weekly rent, and
      in all other cases month-to-month.  

         Section History: Early Form

         [C79, 81, § 562A.9]
         Referred to in § 562A.34
        
562A.10  EFFECT OF UNSIGNED OR UNDELIVERED RENTAL
      AGREEMENT.
         1.  If a landlord does not sign and deliver a written rental
      agreement signed and delivered to the landlord by the tenant,
      acceptance of rent without reservation by the landlord gives the
      rental agreement the same effect as if it had been signed and
      delivered by the landlord.
         2.  If a tenant does not sign and deliver a written rental
      agreement signed and delivered to the tenant by the landlord,
      acceptance of possession without reservation gives the rental
      agreement the same effect as if it had been signed and delivered by
      the tenant.
         3.  If a rental agreement given effect by the operation of this
      section provides for a term longer than one year, it is effective
      only for one year.  

         Section History: Early Form

         [C79, 81, § 562A.10]
        
562A.11  PROHIBITED PROVISIONS IN RENTAL AGREEMENTS.

         1.  A rental agreement shall not provide that the tenant or
      landlord:
         a.  Agrees to waive or to forego rights or remedies under this
      chapter provided that this restriction shall not apply to rental
      agreements covering single family residences on land assessed as
      agricultural land and located in an unincorporated area;
         b.  Authorizes a person to confess judgment on a claim arising
      out of the rental agreement;
         c.  Agrees to pay the other party's attorney fees; or
         d.  Agrees to the exculpation or limitation of any liability
      of the other party arising under law or to indemnify the other party
      for that liability or the costs connected therewith.
         2.  A provision prohibited by subsection 1 included in a rental
      agreement is unenforceable.  If a landlord willfully uses a rental
      agreement containing provisions known by the landlord to be
      prohibited, a tenant may recover actual damages sustained by the
      tenant and not more than three months' periodic rent and reasonable
      attorney's fees.  

         Section History: Early Form

         [C79, 81, § 562A.11]
        
562A.12  RENTAL DEPOSITS.
         1.  A landlord shall not demand or receive as a security deposit
      an amount or value in excess of two months' rent.
         2.  All rental deposits shall be held by the landlord for the
      tenant, who is a party to the agreement, in a bank or savings and
      loan association or credit union which is insured by an agency of the
      federal government.  Rental deposits shall not be commingled with the
      personal funds of the landlord.  Notwithstanding the provisions of
      chapter 543B, all rental deposits may be held in a trust account,
      which may be a common trust account and which may be an interest
      bearing account.  Any interest earned on a rental deposit during the
      first five years of a tenancy shall be the property of the landlord.

         3.  A landlord shall, within thirty days from the date of
      termination of the tenancy and receipt of the tenant's mailing
      address or delivery instructions, return the rental deposit to the
      tenant or furnish to the tenant a written statement showing the
      specific reason for withholding of the rental deposit or any portion
      thereof.  If the rental deposit or any portion of the rental deposit
      is withheld for the restoration of the dwelling unit, the statement
      shall specify the nature of the damages.  The landlord may withhold
      from the rental deposit only such amounts as are reasonably necessary
      for the following reasons:
         a.  To remedy a tenant's default in the payment of rent or of
      other funds due to the landlord pursuant to the rental agreement.
         b.  To restore the dwelling unit to its condition at the
      commencement of the tenancy, ordinary wear and tear excepted.
         c.  To recover expenses incurred in acquiring possession of
      the premises from a tenant who does not act in good faith in failing
      to surrender and vacate the premises upon noncompliance with the
      rental agreement and notification of such noncompliance pursuant to
      this chapter.
         In an action concerning the rental deposit, the burden of proving,
      by a preponderance of the evidence, the reason for withholding all or
      any portion of the rental deposit shall be on the landlord.
         4.  A landlord who fails to provide a written statement within
      thirty days of termination of the tenancy and receipt of the tenant's
      mailing address or delivery instructions shall forfeit all rights to
      withhold any portion of the rental deposit.  If no mailing address or
      instructions are provided to the landlord within one year from the
      termination of the tenancy the rental deposit shall revert to the
      landlord and the tenant will be deemed to have forfeited all rights
      to the rental deposit.
         5.  Upon termination of a landlord's interest in the dwelling
      unit, the landlord or an agent of the landlord shall, within a
      reasonable time, transfer the rental deposit, or any remainder after
      any lawful deductions to the landlord's successor in interest and
      notify the tenant of the transfer and of the transferee's name and
      address or return the deposit, or any remainder after any lawful
      deductions to the tenant.
         Upon the termination of the landlord's interest in the dwelling
      unit and compliance with the provisions of this subsection, the
      landlord shall be relieved of any further liability with respect to
      the rental deposit.
         6.  Upon termination of the landlord's interest in the dwelling
      unit, the landlord's successor in interest shall have all the rights
      and obligations of the landlord with respect to the rental deposits,
      except that if the tenant does not object to the stated amount within
      twenty days after written notice to the tenant of the amount of
      rental deposit being transferred or assumed, the obligations of the
      landlord's successor to return the deposit shall be limited to the
      amount contained in the notice.  The notice shall contain a stamped
      envelope addressed to landlord's successor and may be given by mail
      or by personal service.
         7.  The bad faith retention of a deposit by a landlord, or any
      portion of the rental deposit, in violation of this section shall
      subject the landlord to punitive damages not to exceed two hundred
      dollars in addition to actual damages.
         8.  The court may, in any action on a rental agreement, award
      reasonable attorney fees to the prevailing party.  

         Section History: Early Form

         [C75, 77, § 562.9--562.14; C79, 81, § 562A.12] 

         Section History: Recent Form

         93 Acts, ch 154, §13
         Referred to in § 562A.21, 562A.25
        
562A.13  DISCLOSURE.
         1.  The landlord or a person authorized to enter into a rental
      agreement on behalf of the landlord shall disclose to the tenant in
      writing at or before the commencement of the tenancy the name and
      address of:
         a.  The person authorized to manage the premises.
         b.  An owner of the premises or a person authorized to act for
      and on behalf of the owner for the purpose of service of process and
      for the purpose of receiving and receipting for notices and demands.

         2.  The information required to be furnished by this section shall
      be kept current and this section extends to and is enforceable
      against a successor landlord, owner, or manager.
         3.  A person who fails to comply with subsection 1 becomes an
      agent of each person who is a landlord for the purpose of:
         a.  Service of process and receiving and receipting for
      notices and demands.
         b.  Performing the obligations of the landlord under this
      chapter and under the rental agreement and expending or making
      available for that purpose all rent collected from the premises.
         4.  The landlord or any person authorized to enter into a rental
      agreement on the landlord's behalf shall fully explain utility rates,
      charges and services to the prospective tenant before the rental
      agreement is signed unless paid by the tenant directly to the utility
      company.
         5.  Each tenant shall be notified, in writing, of any rent
      increase at least thirty days before the effective date.  Such
      effective date shall not be sooner than the expiration date of
      original rental agreement or any renewal or extension thereof.
         6.  The landlord or a person authorized to enter into a rental
      agreement on behalf of the landlord shall disclose to each tenant in
      writing before the commencement of the tenancy if the property is
      listed in the comprehensive environmental response compensation and
      liability information system maintained by the federal environmental
      protection agency.  

         Section History: Early Form

         [C79, 81, § 562A.13] 

         Section History: Recent Form

         2004 Acts, ch 1071, §1
         Referred to in § 562A.6
        
562A.14  LANDLORD TO SUPPLY POSSESSION OF DWELLING
      UNIT.
         At the commencement of the term, the landlord shall deliver
      possession of the premises to the tenant in compliance with the
      rental agreement and section 562A.15.  The landlord may bring an
      action for possession against a person wrongfully in possession and
      may recover the damages provided in section 562A.34, subsection 4.
      

         Section History: Early Form

         [C79, 81, § 562A.14]
         Referred to in § 562A.22
        
562A.15  LANDLORD TO MAINTAIN FIT PREMISES.
         1.  The landlord shall:
         a.  Comply with the requirements of applicable building and
      housing codes materially affecting health and safety.
         b.  Make all repairs and do whatever is necessary to put and
      keep the premises in a fit and habitable condition.
         c.  Keep all common areas of the premises in a clean and safe
      condition.  The landlord shall not be liable for any injury caused by
      any objects or materials which belong to or which have been placed by
      a tenant in the common areas of the premises used by the tenant.
         d.  Maintain in good and safe working order and condition all
      electrical, plumbing, sanitary, heating, ventilating,
      air-conditioning, and other facilities and appliances, including
      elevators, supplied or required to be supplied by the landlord.
         e.  Provide and maintain appropriate receptacles and
      conveniences, accessible to all tenants, for the central collection
      and removal of ashes, garbage, rubbish, and other waste incidental to
      the occupancy of the dwelling unit and arrange for their removal.
         f.  Supply running water and reasonable amounts of hot water
      at all times and reasonable heat, except where the building that
      includes the dwelling unit is not required by law to be equipped for
      that purpose, or the dwelling unit is so constructed that heat or hot
      water is generated by an installation within the exclusive control of
      the tenant and supplied by a direct public utility connection.
         If the duty imposed by paragraph "a" of this subsection is
      greater than a duty imposed by another paragraph of this subsection,
      the landlord's duty shall be determined by reference to paragraph
      "a" of this subsection.
         2.  The landlord and tenant of a single family residence may agree
      in writing that the tenant perform the landlord's duties specified in
      paragraphs "e" and "f" of subsection 1 and also specified
      repairs, maintenance tasks, alterations, and remodeling, but only if
      the transaction is entered into in good faith.
         3.  The landlord and tenant of a dwelling unit other than a single
      family residence may agree that the tenant is to perform specified
      repairs, maintenance tasks, alterations, or remodeling only:
         a.  If the agreement of the parties is entered into in good
      faith and is set forth in a separate writing signed by the parties
      and supported by adequate consideration;
         b.  If the agreement does not diminish or affect the
      obligation of the landlord to other tenants in the premises.
         4.  The landlord shall not treat performance of the separate
      agreement described in subsection 3 as a condition to an obligation
      or performance of a rental agreement.  

         Section History: Early Form

         [C79, 81, § 562A.15]
         Referred to in § 562A.14, 562A.21, 562A.23, 562A.27, 562A.36
        
562A.16  LIMITATION OF LIABILITY.
         1.  Unless otherwise agreed, a landlord, who conveys premises that
      include a dwelling unit subject to a rental agreement in a good faith
      sale to a bona fide purchaser, is relieved of liability under the
      rental agreement and this chapter as to events occurring subsequent
      to written notice to the tenant of the conveyance.
         2.  A manager of premises that includes a dwelling unit is
      relieved of liability under the rental agreement and this chapter as
      to events occurring after written notice to the tenant of the
      termination of the person's management.  

         Section History: Early Form

         [C79, 81, § 562A.16]
        
562A.17  TENANT TO MAINTAIN DWELLING UNIT.
         The tenant shall:
         1.  Comply with all obligations primarily imposed upon tenants by
      applicable provisions of building and housing codes materially
      affecting health and safety.
         2.  Keep that part of the premises that the tenant occupies and
      uses as clean and safe as the condition of the premises permit.
         3.  Dispose from the tenant's dwelling unit all ashes, rubbish,
      garbage, and other waste in a clean and safe manner.
         4.  Keep all plumbing fixtures in the dwelling unit or used by the
      tenant as clean as their condition permits.
         5.  Use in a reasonable manner all electrical, plumbing, sanitary,
      heating, ventilating, air-conditioning and other facilities and
      appliances including elevators in the premises.
         6.  Not deliberately or negligently destroy, deface, damage,
      impair or remove a part of the premises or knowingly permit a person
      to do so.
         7.  Act in a manner that will not disturb a neighbor's peaceful
      enjoyment of the premises.  

         Section History: Early Form

         [C79, 81, § 562A.17]
         Referred to in § 562A.27, 562A.28
        
562A.18  RULES.
         A landlord, from time to time, may adopt rules, however described,
      concerning the tenant's use and occupancy of the premises.  A rule is
      enforceable against the tenant only if it is written and if:
         1.  Its purpose is to promote the convenience, safety, or welfare
      of the tenants in the premises, preserve the landlord's property from
      abusive use, or make a fair distribution of services and facilities
      held out for the tenants generally.
         2.  It is reasonably related to the purpose for which it is
      adopted.
         3.  It applies to all tenants in the premises in a fair manner.
         4.  It is sufficiently explicit in its prohibition, direction, or
      limitation of the tenant's conduct to fairly inform the tenant of
      what the tenant must or must not do to comply.
         5.  It is not for the purpose of evading the obligations of the
      landlord.
         6.  The tenant has notice of it at the time the tenant enters into
      the rental agreement.
         A rule adopted after the tenant enters into the rental agreement
      is enforceable against the tenant if reasonable notice of its
      adoption is given to the tenant and it does not work a substantial
      modification of the rental agreement.  

         Section History: Early Form

         [C79, 81, § 562A.18]
         Referred to in § 562A.6
        
562A.19  ACCESS.
         1.  The tenant shall not unreasonably withhold consent to the
      landlord to enter into the dwelling unit in order to inspect the
      premises, make necessary or agreed repairs, decorations, alterations,
      or improvements, supply necessary or agreed services, or exhibit the
      dwelling unit to prospective or actual purchasers, mortgagees,
      tenants, workers, or contractors.
         2.  The landlord may enter the dwelling unit without consent of
      the tenant in case of emergency.
         3.  The landlord shall not abuse the right of access or use it to
      harass the tenant.  Except in case of emergency or if it is
      impracticable to do so, the landlord shall give the tenant at least
      twenty-four hours' notice of the landlord's intent to enter and enter
      only at reasonable times.
         4.  The landlord does not have another right of access except by
      court order, and as permitted by sections 562A.28 and 562A.29, or if
      the tenant has abandoned or surrendered the premises.  

         Section History: Early Form

         [C79, 81, § 562A.19]
        
562A.20  TENANT TO USE AND OCCUPY.
         Unless otherwise agreed, the tenant shall occupy the dwelling unit
      only as a dwelling unit and uses incidental thereto.  The rental
      agreement may require that the tenant notify the landlord of an
      anticipated extended absence from the premises not later than the
      first day of the extended absence.  

         Section History: Early Form

         [C79, 81, § 562A.20]
         Referred to in § 562A.29
        
562A.21  NONCOMPLIANCE BY THE LANDLORD -- IN
      GENERAL.
         1.  Except as provided in this chapter, if there is a material
      noncompliance by the landlord with the rental agreement or a
      noncompliance with section 562A.15 materially affecting health and
      safety, the tenant may elect to commence an action under this section
      and shall deliver a written notice to the landlord specifying the
      acts and omissions constituting the breach and that the rental
      agreement will terminate upon a date not less than seven days after
      receipt of the notice if the breach is not remedied in seven days,
      and the rental agreement shall terminate and the tenant shall
      surrender as provided in the notice subject to the following:
         a.  If the breach is remediable by repairs or the payment of
      damages or otherwise, and if the landlord adequately remedies the
      breach prior to the date specified in the notice, the rental
      agreement shall not terminate.
         b.  If substantially the same act or omission which
      constituted a prior noncompliance of which notice was given recurs
      within six months, the tenant may terminate the rental agreement upon
      at least seven days' written notice specifying the breach and the
      date of termination of the rental agreement unless the landlord has
      exercised due diligence and effort to remedy the breach which gave
      rise to the noncompliance.
         c.  The tenant may not terminate for a condition caused by the
      deliberate or negligent act or omission of the tenant, a member of
      the tenant's family, or other person on the premises with the
      tenant's consent.
         2.  Except as provided in this chapter, the tenant may recover
      damages and obtain injunctive relief for any noncompliance by the
      landlord with the rental agreement or section 562A.15 unless the
      landlord demonstrates affirmatively that the landlord has exercised
      due diligence and effort to remedy any noncompliance, and that any
      failure by the landlord to remedy any noncompliance was due to
      circumstances reasonably beyond the control of the landlord.  If the
      landlord's noncompliance is willful the tenant may recover reasonable
      attorney's fees.
         3.  The remedy provided in subsection 2 is in addition to any
      right of the tenant arising under subsection 1.
         4.  If the rental agreement is terminated, the landlord shall
      return all prepaid rent and security recoverable by the tenant under
      section 562A.12.  

         Section History: Early Form

         [C79, 81, § 562A.21] 

         Section History: Recent Form

         95 Acts, ch 125, §4, 5
         Referred to in § 562A.23, 562A.36
        
562A.22  FAILURE TO DELIVER POSSESSION.
         1.  If the landlord fails to deliver possession of the dwelling
      unit to the tenant as provided in section 562A.14, rent abates until
      possession is delivered and the tenant shall:
         a.  Upon at least five days' written notice to the landlord,
      terminate the rental agreement and upon termination the landlord
      shall return all prepaid rent and security; or
         b.  Demand performance of the rental agreement by the landlord
      and, if the tenant elects, maintain an action for possession of the
      dwelling unit against the landlord or a person wrongfully in
      possession and recover the damages sustained by the tenant.
         2.  If a landlord's failure to deliver possession is willful and
      not in good faith, a tenant may recover from the landlord the actual
      damages sustained by the tenant and reasonable attorney's fees.  

         Section History: Early Form

         [C79, 81, § 562A.22]
        
562A.23  WRONGFUL FAILURE TO SUPPLY HEAT, WATER, HOT
      WATER OR ESSENTIAL SERVICES.
         1.  If contrary to the rental agreement or section 562A.15 the
      landlord deliberately or negligently fails to supply running water,
      hot water, or heat, or essential services, the tenant may give
      written notice to the landlord specifying the breach and may:
         a.  Procure reasonable amounts of hot water, running water,
      heat and essential services during the period of the landlord's
      noncompliance and deduct their actual and reasonable cost from the
      rent;
         b.  Recover damages based upon the diminution in the fair
      rental value of the dwelling unit; or
         c.  Recover any rent already paid for the period of the
      landlord's noncompliance which shall be reimbursed on a pro rata
      basis.
         2.  If the tenant proceeds under this section, the tenant may not
      proceed under section 562A.21 as to that breach.
         3.  The rights under this section do not arise until the tenant
      has given notice to the landlord or if the condition was caused by
      the deliberate or negligent act or omission of the tenant, a member
      of the tenant's family, or other person on the premises with the
      consent of the tenant.  

         Section History: Early Form

         [C79, 81, § 562A.23]
        
562A.24  LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION
      FOR POSSESSION OR RENT.
         1.  In an action for possession based upon nonpayment of the rent
      or in an action for rent where the tenant is in possession, the
      tenant may counterclaim for an amount which the tenant may recover
      under the rental agreement or this chapter.  In that event the court
      from time to time may order the tenant to pay into court all or part
      of the rent accrued and thereafter accruing, and shall determine the
      amount due to each party.  The party to whom a net amount is owed
      shall be paid first from the money paid into court, and the balance
      by the other party.  If rent does not remain due after application of
      this section, judgment shall be entered for the tenant in the action
      for possession.  If the defense or counterclaim by the tenant is
      without merit and is not raised in good faith the landlord may
      recover reasonable attorney's fees.
         2.  In an action for rent where the tenant is not in possession,
      the tenant may counterclaim as provided in subsection 1, but the
      tenant is not required to pay any rent into court.  

         Section History: Early Form

         [C79, 81, § 562A.24]
         Referred to in § 648.19
        
562A.25  FIRE OR CASUALTY DAMAGE.
         1.  If the dwelling unit or premises are damaged or destroyed by
      fire or casualty to an extent that enjoyment of the dwelling unit is
      substantially impaired, the tenant may:
         a.  Immediately vacate the premises and notify the landlord in
      writing within fourteen days of the tenant's intention to terminate
      the rental agreement, in which case the rental agreement terminates
      as of the date of vacating; or
         b.  If continued occupancy is lawful, vacate a part of the
      dwelling unit rendered unusable by the fire or casualty, in which
      case the tenant's liability for rent is reduced in proportion to the
      diminution in the fair rental value of the dwelling unit.
         2.  If the rental agreement is terminated, the landlord shall
      return all prepaid rent and security recoverable under section
      562A.12.  Accounting for rent in the event of termination or
      apportionment is to occur as of the date of the casualty.  

         Section History: Early Form

         [C79, 81, § 562A.25]
        
562A.26  TENANT'S REMEDIES FOR LANDLORD'S UNLAWFUL
      OUSTER, EXCLUSION, OR DIMINUTION OF SERVICE.
         If the landlord unlawfully removes or excludes the tenant from the
      premises or willfully diminishes services to the tenant by
      interrupting or causing the interruption of electric, gas, water or
      other essential service to the tenant, the tenant may recover
      possession or terminate the rental agreement and, in either case,
      recover the actual damages sustained by the tenant and reasonable
      attorney's fees.  If the rental agreement is terminated, the landlord
      shall return all prepaid rent and security.  

         Section History: Early Form

         [C79, 81, § 562A.26]
        
562A.27  NONCOMPLIANCE WITH RENTAL AGREEMENT --
      FAILURE TO PAY RENT -- VIOLATION OF FEDERAL REGULATION.
         1.  Except as provided in this chapter, if there is a material
      noncompliance by the tenant with the rental agreement or a
      noncompliance with section 562A.17 materially affecting health and
      safety, the landlord may deliver a written notice to the tenant
      specifying the acts and omissions constituting the breach and that
      the rental agreement will terminate upon a date not less than seven
      days after receipt of the notice if the breach is not remedied in
      seven days, and the rental agreement shall terminate as provided in
      the notice subject to the provisions of this section.  If the breach
      is remediable by repairs or the payment of damages or otherwise and
      the tenant adequately remedies the breach prior to the date specified
      in the notice, the rental agreement shall not terminate.  If
      substantially the same act or omission which constituted a prior
      noncompliance of which notice was given recurs within six months, the
      landlord may terminate the rental agreement upon at least seven days'
      written notice specifying the breach and the date of termination of
      the rental agreement.
         2.  If rent is unpaid when due and the tenant fails to pay rent
      within three days after written notice by the landlord of nonpayment
      and the landlord's intention to terminate the rental agreement if the
      rent is not paid within that period of time, the landlord may
      terminate the rental agreement.
         3.  Except as provided in this chapter, the landlord may recover
      damages and obtain injunctive relief for noncompliance by the tenant
      with the rental agreement or section 562A.17 unless the tenant
      demonstrates affirmatively that the tenant has exercised due
      diligence and effort to remedy any noncompliance, and that the
      tenant's failure to remedy any noncompliance was due to circumstances
      beyond the tenant's control.  If the tenant's noncompliance is
      willful, the landlord may recover reasonable attorney's fees.
         4.  In any action by a landlord for possession based upon
      nonpayment of rent, proof by the tenant of the following shall be a
      defense to any action or claim for possession by the landlord, and
      the amounts expended by the claimant in correcting the deficiencies
      shall be deducted from the amount claimed by the landlord as unpaid
      rent:
         a.  That the landlord failed to comply either with the rental
      agreement or with section 562A.15; and
         b.  That the tenant notified the landlord at least seven days
      prior to the due date of the tenant's rent payment of the tenant's
      intention to correct the condition constituting the breach referred
      to in paragraph "a" at the landlord's expense; and
         c.  That the reasonable cost of correcting the condition
      constituting the breach is equal to or less than one month's periodic
      rent; and
         d.  That the tenant in good faith caused the condition
      constituting the breach to be corrected prior to receipt of written
      notice of the landlord's intention to terminate the rental agreement
      for nonpayment of rent.
         5.  Notwithstanding any other provisions of this chapter, a
      municipal housing agency established pursuant to chapter 403A may
      issue a thirty-day notice of lease termination for a violation of a
      rental agreement by the tenant when the violation is a violation of a
      federal regulation governing the tenant's eligibility for or
      continued participation in a public housing program.  The municipal
      housing agency shall not be required to provide the tenant with a
      right or opportunity to remedy the violation or to give any notice
      that the tenant has such a right or opportunity when the notice cites
      the federal regulation as authority.  

         Section History: Early Form

         [C79, 81, § 562A.27] 

         Section History: Recent Form

         95 Acts, ch 125, §6, 7; 2003 Acts, ch 154, §2
         Referred to in § 562A.8, 562A.27A, 562A.29A, 562A.32, 648.3
        
562A.27A  TERMINATION FOR CREATING A CLEAR AND PRESENT
      DANGER TO OTHERS.
         1.  Notwithstanding section 562A.27 or 648.3, if a tenant has
      created or maintained a threat constituting a clear and present
      danger to the health or safety of other tenants, the landlord, the
      landlord's employee or agent, or other persons on or within one
      thousand feet of the landlord's property, the landlord, after the
      service of a single three days' written notice of termination and
      notice to quit stating the specific activity causing the clear and
      present danger, and setting forth the language of subsection 3 which
      includes certain exemption provisions available to the tenant, may
      file suit against the tenant for recovery of possession of the
      premises pursuant to chapter 648, except as otherwise provided in
      subsection 3.  The petition shall state the incident or incidents
      giving rise to the notice of termination and notice to quit.  The
      tenant shall be given the opportunity to contest the termination in
      the court proceedings by notice thereof at least three days prior to
      the hearing.
         2.  A clear and present danger to the health or safety of other
      tenants, the landlord, the landlord's employees or agents, or other
      persons on or within one thousand feet of the landlord's property
      includes, but is not limited to, any of the following activities of
      the tenant or of any person on the premises with the consent of the
      tenant:
         a.  Physical assault or the threat of physical assault.
         b.  Illegal use of a firearm or other weapon, the threat to
      use a firearm or other weapon illegally, or possession of an illegal
      firearm.
         c.  Possession of a controlled substance unless the controlled
      substance was obtained directly from or pursuant to a valid
      prescription or order by a licensed medical practitioner while acting
      in the course of the practitioner's professional practice.  This
      paragraph applies to any other person on the premises with the
      consent of the tenant, but only if the tenant knew of the possession
      by the other person of a controlled substance.
         3.  This section shall not apply to a tenant if the activities
      causing the clear and present danger, as defined in subsection 2, are
      conducted by a person on the premises other than the tenant and the
      tenant takes at least one of the following measures against the
      person conducting the activities:
         a.  The tenant seeks a protective order, restraining order,
      order to vacate the homestead, or other similar relief pursuant to
      chapter 236, 598, 664A, or 915, or any other applicable provision
      which would apply to the person conducting the activities causing the
      clear and present danger.
         b.  The tenant reports the activities causing the clear and
      present danger to a law enforcement agency or the county attorney in
      an effort to initiate a criminal action against the person conducting
      the activities.
         c.  The tenant writes a letter to the person conducting the
      activities causing the clear and present danger, telling the person
      not to return to the premises and that a return to the premises may
      result in a trespass or other action against the person, and the
      tenant sends a copy of the letter to a law enforcement agency whose
      jurisdiction includes the premises.  If the tenant has previously
      written a letter to the person as provided in this paragraph, without
      taking an action specified in paragraph "a" or "b" or filing
      a trespass or other action, and the person to whom the letter was
      sent conducts further activities causing a clear and present danger,
      the tenant must take one of the actions specified in paragraph
      "a" or "b" to be exempt from proceedings pursuant to
      subsection 1.
         However, in order to fall within the exemptions provided within
      this subsection, the tenant must provide written proof to the
      landlord, prior to the commencement of a suit against the tenant,
      that the tenant has taken one of the measures specified in paragraphs
      "a" through "c".  

         Section History: Recent Formp>

         92 Acts, ch 1211, § 1; 95 Acts, ch 125, §8, 9; 98 Acts, ch 1090,
      §71, 84; 2004 Acts, ch 1016, §1; 2006 Acts, ch 1101, §2
         Referred to in § 562A.8, 562A.29A
        
562A.28  FAILURE TO MAINTAIN.
         If there is noncompliance by the tenant with section 562A.17,
      materially affecting health and safety, that can be remedied by
      repair or replacement of a damaged item or cleaning, and the tenant
      fails to comply as promptly as conditions require in case of
      emergency or within seven days after written notice by the landlord
      specifying the breach and requesting that the tenant remedy it within
      that period of time, the landlord may enter the dwelling unit and
      cause the work to be done in a competent manner and submit an
      itemized bill for the actual and reasonable cost or the fair and
      reasonable value of it as rent on the next date when periodic rent is
      due, or if the rental agreement has terminated, for immediate
      payment.  

         Section History: Early Form

         [C79, 81, § 562A.28] 

         Section History: Recent Form

         85 Acts, ch 67, §50; 95 Acts, ch 125, §10
         Referred to in § 562A.19
        
562A.29  REMEDIES FOR ABSENCE, NONUSE AND
      ABANDONMENT.
         1.  If the rental agreement requires the tenant to give notice to
      the landlord of an anticipated extended absence as provided in
      section 562A.20, and the tenant willfully fails to do so, the
      landlord may recover actual damages from the tenant.
         2.  During an absence of the tenant in excess of fourteen days,
      the landlord may enter the dwelling unit at times reasonably
      necessary.
         3.  If the tenant abandons the dwelling unit, the landlord shall
      make reasonable efforts to rent it at a fair rental.  If the landlord
      rents the dwelling unit for a term beginning prior to the expiration
      of the rental agreement, it is deemed to be terminated as of the date
      the new tenancy begins.  The rental agreement is deemed to be
      terminated by the landlord as of the date the landlord has notice of
      the abandonment, if the landlord fails to use reasonable efforts to
      rent the dwelling unit at a fair rental or if the landlord accepts
      the abandonment as a surrender.  If the tenancy is from
      month-to-month, or week-to-week, the term of the rental agreement for
      this purpose shall be deemed to be a month or a week, as the case may
      be.  

         Section History: Early Form

         [C79, 81, § 562A.29]
         Referred to in § 562A.19
        
562A.29A  METHOD OF NOTICE AND SERVICE OF PROCESS.
         Notwithstanding sections 631.4 and 648.5, the written notice of
      termination required by section 562A.27, subsection 1 or 2, a notice
      of termination and notice to quit under section 562A.27A, a notice to
      quit as required by section 648.3, or a petition for forcible entry
      and detainer pursuant to chapter 648, may be served upon the tenant
      in any of the following ways:
         1.  By personal service.
         2.  By sending notice by certified or restricted certified mail,
      as defined in section 618.15, whether or not the tenant signs a
      receipt for the notice.  

         Section History: Recent Form

         92 Acts, ch 1211, § 2; 96 Acts, ch 1203, § 3; 99 Acts, ch 155, §7,
      14
        
562A.30  WAIVER OF LANDLORD'S RIGHT TO TERMINATE.
         Acceptance of performance by the tenant that varies from the terms
      of the rental agreement or rules subsequently adopted by the landlord
      constitutes a waiver of the landlord's right to terminate the rental
      agreement for that breach, unless otherwise agreed after the breach
      has occurred.  

         Section History: Early Form

         [C79, 81, § 562A.30]
        
562A.31  LANDLORD LIENS -- DISTRESS FOR RENT.
         1.  A lien on behalf of the landlord on the tenant's household
      goods is not enforceable unless perfected before January 1, 1979.
         2.  Distraint for rent is abolished.  

         Section History: Early Form

         [C79, 81, § 562A.31]
        
562A.32  REMEDY AFTER TERMINATION.
         If the rental agreement is terminated, the landlord may have a
      claim for possession and for rent and a separate claim for actual
      damages for breach of the rental agreement and reasonable attorney's
      fees as provided in section 562A.27.  

         Section History: Early Form

         [C79, 81, § 562A.32]
         Referred to in § 648.19
        
562A.33  RECOVERY OF POSSESSION LIMITED.
         A landlord may not recover or take possession of the dwelling unit
      by action or otherwise, including willful diminution of services to
      the tenant by interrupting or causing the interruption of electric,
      gas, water or other essential service to the tenant, except in case
      of abandonment, surrender, or as permitted in this chapter.  

         Section History: Early Form

         [C79, 81, § 562A.33]
        
562A.34  PERIODIC TENANCY -- HOLDOVER REMEDIES.
         1.  The landlord or the tenant may terminate a week-to-week
      tenancy by a written notice given to the other at least ten days
      prior to the termination date specified in the notice.
         2.  The landlord or the tenant may terminate a month-to-month
      tenancy by a written notice given to the other at least thirty days
      prior to the periodic rental date specified in the notice.
         3.  The landlord or the tenant may terminate a tenancy having a
      term longer than month-to-month by a written notice given to the
      other at least thirty days prior to the end of the first or
      subsequent term of the tenancy specified in the notice.
         4.  If the tenant remains in possession without the landlord's
      consent after expiration of the term of the rental agreement or its
      termination, the landlord may bring an action for possession and if
      the tenant's holdover is willful and not in good faith the landlord,
      in addition, may recover the actual damages sustained by the landlord
      and reasonable attorney's fees.  If the landlord consents to the
      tenant's continued occupancy, section 562A.9, subsection 4 applies.
      

         Section History: Early Form

         [C79, 81, § 562A.34] 

         Section History: Recent Form

         2006 Acts, ch 1037, §1
         Referred to in § 562A.14
        
562A.35  LANDLORD AND TENANT REMEDIES FOR ABUSE OF
      ACCESS.
         1.  If the tenant refuses to allow lawful access, the landlord may
      obtain injunctive relief to compel access, or terminate the rental
      agreement.  In either case, the landlord may recover actual damages
      and reasonable attorney's fee.
         2.  If the landlord makes an unlawful entry or a lawful entry in
      an unreasonable manner or makes repeated demands for entry otherwise
      lawful but which have the effect of unreasonably harassing the
      tenant, the tenant may obtain injunctive relief to prevent the
      recurrence of the conduct, or terminate the rental agreement.  In
      either case, the tenant may recover actual damages not less than an
      amount equal to one month's rent and reasonable attorney's fees.  

         Section History: Early Form

         [C79, 81, § 562A.35]
        
562A.36  RETALIATORY CONDUCT PROHIBITED.
         1.  Except as provided in this section, a landlord may not
      retaliate by increasing rent or decreasing services or by bringing or
      threatening to bring  an action for possession after:
         a.  The tenant has complained  to a governmental agency
      charged with responsibility for enforcement of a building or housing
      code of a violation applicable to the premises materially affecting
      health and safety;
         b.  The tenant has complained to the landlord of a violation
      under section 562A.15; or
         c.  The tenant has organized or become a member of a tenants'
      union or similar organization.
         2.  If the landlord acts in violation of subsection 1 of this
      section, the tenant may recover from the landlord the actual damages
      sustained by the tenant and reasonable attorney's fees, and has a
      defense in action against the landlord for possession.  In an action
      by or against the tenant, evidence of a good faith complaint within
      one year prior to the alleged act of retaliation creates a
      presumption that the landlord's conduct was in retaliation.  The
      presumption does not arise if the tenant made the complaint after
      notice of a proposed rent increase or diminution of services.
      Evidence by the landlord that legitimate costs and charges of owning,
      maintaining or operating a dwelling unit have increased shall be a
      defense against the presumption of retaliation when a rent increase
      is commensurate with the increase in costs and charges.
      "Presumption" means that the trier of fact must find the
      existence of the fact presumed unless and until evidence is
      introduced which would support a finding of its nonexistence.
         3.  Notwithstanding subsections 1 and 2 of this section, a
      landlord may bring an action for possession if:
         a.  The violation of the applicable building or housing code
      was caused primarily by lack of reasonable care by the tenant or
      other person in the tenant's household or upon the premises with the
      tenant's consent;
         b.  The tenant is in default in rent; or
         c.  Compliance with the applicable building or housing code
      requires alteration, remodeling, or demolition which would
      effectively deprive the tenant of use of the dwelling unit.  The
      maintenance of the action does not release the landlord from
      liability under section 562A.21, subsection 2.  

         Section History: Early Form

         [C79, 81, § 562A.36]
        
562A.37  APPLICABILITY.
         This chapter shall apply to rental agreements entered into or
      extended or renewed after January 1, 1979.  

         Section History: Early Form

         [C79, 81, § 562A.37]

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