TITLE XIV PROPERTY
SUBTITLE 2 REAL PROPERTY--GIFTS
CHAPTER 562A
UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW
ARTICLE I
GENERAL PROVISIONS AND DEFINITIONS
PART 1
SHORT TITLE, CONSTRUCTION, APPLICATION,
AND SUBJECT MATTER OF THE ACT
Short title:
This chapter shall be known and may be cited as the
"Uniform Residential Landlord and Tenant Act".
Sec.562A.1
Section History: Early form [C79, 81, § 562A.1]
Purposes--rules of construction:
1. This chapter shall be liberally construed and applied
to promote its underlying purposes andpolicies.
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. Sec.
562A.2
Section History: Early form
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. Sec. 562A.3
Section History: Early form
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. Sec. 562A.4
Section History: Early form
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. Sec. 562A.5
Section History: Early form
Section History: Recent form
95 Acts, ch 125, §2
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. Sec. 562A.6
Section History: Early form
Section History: Recent form 95 Acts, ch 125, §3
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. Sec. 562A.7
Section History: Early form
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. Sec. 562A.8
Section History: Early form
Section History: Recent form 96 Acts, ch 1203, § 1, 2; 99 Acts,
ch 155, §5, 14
Computation of time:
The calculation of all time periods required
under this chapter shall be made in accordance with section 4.1,
subsection 34. Sec. 562A.8A Section History: Recent form 99
Acts, ch 155, §6, 14
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. Sec.
562A.9
Section History: Early form
Internal References Referred to in § 562A.34
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. Sec. 562A.10
Section History: Early form
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. Sec. 562A.11 Section History: Early form
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. Sec.
562A.12
Section History: Early form
Section History: Recent form 93 Acts, ch 154, §13
Internal References Referred to in § 562A.21, 562A.25
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.
Sec. 562A.13
Section History: Early form
Internal References Referred to in § 562A.6
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 3. Sec. 562A.14
Section History: Early form
Internal References Referred to in § 562A.22
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. Sec. 562A.15
Section History: Early form
Internal References Referred to in § 562A.14, 562A.21,
562A.23, 562A.27, 562A.36
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. Sec. 562A.16
Section History: Early form
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. Sec. 562A.17
Section History: Early form
Internal References
Referred to in § 562A.27, 562A.28
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. Sec. 562A.18
Section History: Early form
Internal References Referred to in § 562A.6
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. Sec.
562A.19
Section History: Early form
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. Sec. 562A.20
Section History: Early form
Internal References Referred to in § 562A.29
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. Sec. 562A.21 Section History: Early
form
Section History: Recent form 95 Acts, ch 125, §4, 5
Internal References Referred to in § 562A.23, 562A.36
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. Sec. 562A.22
Section History: Early form
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. Sec. 562A.23 Section History:
Early form
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.
Sec. 562A.24
Section History: Early form
Internal References Referred to in § 648.19
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.
Sec. 562A.25 Section History: Early form
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. Sec. 562A.26 Section
History: Early form [C79, 81, § 562A.26]
Noncompliance with rental agreement--failure to pay rent:
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. Sec. 562A.27 Section History: Early
form
Section History: Recent form 95 Acts, ch 125, §6, 7
Internal References Referred to in § 562A.8, 562A.27A,
562A.29A, 562A.32, 648.3
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 a
single three days' written notice of termination and notice to quit,
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, 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". Sec. 562A.27A
Section History: Recent form
92 Acts, ch 1211, § 1; 95 Acts, ch 125, §8, 9; 98 Acts, ch
1090, §71, 84 Internal References Referred to in § 562A.8,
562A.29A
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. Sec. 562A.28 Section History: Early form
Section History: Recent form 85 Acts, ch 67, §50; 95 Acts,
ch 125, §10 Internal References Referred to in § 562A.19
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. Sec. 562A.29 Section History: Early
form
Internal References Referred to in § 562A.19
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. Sec. 562A.29A
Section History: Recent form 92 Acts, ch 1211, § 2; 96 Acts, ch
1203, § 3; 99 Acts, ch 155, §7, 14
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. Sec. 562A.30
Section History: Early form
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. Sec. 562A.31
Section History: Early form
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.
Sec. 562A.32
Section History: Early form
Internal References
Referred to in § 648.19
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
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. 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. Sec. 562A.34 Section History:
Early form
Internal References
Referred to in § 562A.14
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.
Sec. 562A.35 Section History: Early form
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. Sec. 562A.36
Section History: Early form
Applicability:
This chapter shall apply to rental agreements
entered into or extended or renewed after January 1, 1979.
Sec. 562A.37
Section History: Early form
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