This chapter shall be known and may be cited as the Uniform Residential Landlord and Tenant Act.
This chapter shall be liberally construed and applied to promote its underlying purposes and policies: (a) to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant; (b) to encourage landlord and tenant to maintain and improve the quality of housing; and (c) to ensure that the right to the receipt of rent is inseparable from the duty to maintain the premises.
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.
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. A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
Unless created to avoid the application of this chapter, the following arrangements are not governed: (1) Residence at an institution if incidental to detention or provision of medical, geriatric, educational, counseling, religious, or similar service. (2) Occupancy under a contract of sale if the occupant is the purchaser. (3) Occupancy by a member of a fraternal or social organization. (4) Transient occupancy in a hotel, motel, or 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 cooperative. (7) Occupancy under a rental agreement covering premises used 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.
Key definitions include: 'Dwelling unit' means a structure or the part of a structure used as a home, residence, or sleeping place. 'Good faith' means honesty in fact in the conduct of the transaction concerned. 'Landlord' means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and also a manager of the premises who fails to disclose as required by section 562A.13. 'Premises' means a dwelling unit and the structure of which it is a part and facilities and appurtenances thereof and grounds, areas, and facilities held out for use of tenants generally or whose use is promised to the tenant. 'Reasonable attorney fees' means fees determined by the time reasonably expended by the attorney and not by the amount of recovery. '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. 'Rental deposit' means a deposit of money to secure performance of a residential rental agreement, other than a deposit which is exclusively an advance payment of rent. 'Resident' means an occupant of a dwelling unit who is at least 18 years of age. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of another.
If the court finds that a rental agreement or any provision of it was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder without the unconscionable provision, or limit the application of an unconscionable provision to avoid an unconscionable result. If unconscionability is put into issue, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement.
Notices required under this chapter shall be served as follows. Landlord to tenant: (1) Hand delivery to the tenant; (2) Delivery acknowledged in writing by a resident of the dwelling unit at least 18 years of age — deemed to provide notice to all tenants; (3) Personal service pursuant to Iowa court rules; (4) Mailing by both regular mail and certified mail to the address of the dwelling unit or to an address provided by the tenant; (5) Posting on the primary entrance door of the dwelling unit within the applicable time period, with the date posted on the notice; or (6) Any method resulting in actual receipt by the tenant. Tenant to landlord: (1) Hand delivery to the landlord or agent; (2) Acknowledged delivery; (3) Personal service; (4) Delivery to an employee or agent at the landlord's business office; (5) Mailing by both regular mail and certified mail to the landlord's business office; or (6) Any method resulting in actual receipt. Notice served by mail is deemed completed four days after deposit in the mail and postmark.
The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law. In absence of agreement, the tenant shall pay as rent the fair rental value. Rent shall be payable without demand at the time and place agreed. Unless otherwise agreed, 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. For rental agreements where rent does not exceed $700 per month, a late fee shall not exceed $12 per day or $60 per month total. For rental agreements where rent is greater than $700 per month, a late fee shall not exceed $20 per day or $100 per month total. Unless the rental agreement fixes a definite term, the tenancy is week-to-week for a roomer who pays weekly rent, and in all other cases month-to-month.
If a landlord does not sign and deliver a written rental agreement signed and delivered by the tenant, acceptance of rent without reservation gives the rental agreement the same effect as if it had been signed. If a tenant does not sign and deliver a written rental agreement signed and delivered by the landlord, acceptance of possession without reservation gives the rental agreement the same effect as if it had been signed. If a rental agreement given effect by this section provides for a term longer than one year, it is effective only for one year.
A rental agreement shall not provide that the tenant or landlord: (a) agrees to waive or forego rights or remedies under this chapter (this restriction does not apply to rental agreements covering single family residences on agricultural land in unincorporated areas); (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. Additionally, in federally assisted housing (USDA or HUD Section 8), a rental agreement shall not prohibit or restrict the lawful ownership, use, or possession of a firearm, firearm component, or ammunition within the tenant's specific rental unit; the landlord may impose reasonable restrictions in common areas. A provision prohibited by this section is unenforceable. If a landlord willfully uses a rental agreement containing provisions known to be prohibited, a tenant may recover actual damages and not more than three months' periodic rent and reasonable attorney fees.
A landlord shall not demand or receive a security deposit in an amount or value in excess of two months' rent. All rental deposits shall be held by the landlord for the tenant in a bank, savings and loan association, or federally insured credit union. Rental deposits shall not be commingled with the personal funds of the landlord. Interest earned on a rental deposit during the first five years of a tenancy shall be the property of the landlord. A landlord shall, within 30 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 a written statement showing the specific reason for withholding any portion thereof. The landlord may withhold only amounts reasonably necessary to: (1) remedy a tenant's default in rent or other funds due; (2) restore the dwelling unit to its condition at commencement, ordinary wear and tear excepted; or (3) recover expenses from a tenant who does not act in good faith in failing to surrender and vacate upon noncompliance notification. The burden of proving the reason for withholding is on the landlord. If the landlord fails to provide a written statement within 30 days, the landlord forfeits all rights to withhold any portion of the rental deposit. Bad-faith retention subjects the landlord to punitive damages not to exceed twice the monthly rental payment in addition to actual damages.
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; and (b) an owner of the premises or a person authorized to act for and on behalf of the owner for service of process and for receiving notices and demands. A person who fails to comply becomes an agent of each landlord for service of process, receiving notices, and performing landlord obligations. The landlord 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. Each tenant shall be notified in writing of any rent increase at least 30 days before the effective date; the effective date shall not be sooner than the expiration of the original rental agreement or any renewal. The landlord shall disclose in writing before commencement of the tenancy if the property is listed in the EPA's CERCLA comprehensive environmental response compensation and liability information system.
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.
The landlord shall: (1) comply with the requirements of applicable building and housing codes materially affecting health and safety; (2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) keep all common areas in a clean and safe condition — the landlord is not liable for injuries caused by objects belonging to or placed by a tenant in common areas; (4) maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators; (5) provide and maintain appropriate receptacles accessible to all tenants for removal of ashes, garbage, rubbish, and other waste and arrange for their removal; and (6) supply running water and reasonable amounts of hot water at all times and reasonable heat, except where the building 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. If the duty imposed by subsection (1) is greater than any other duty, the landlord's duty shall be determined by reference to subsection (1). The landlord and tenant of a single family residence may agree in writing for the tenant to perform specified repairs or maintenance in good faith.
Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit 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. A manager of premises is relieved of liability as to events occurring after written notice to the tenant of the termination of the manager's management. Except in cases of willful, reckless, or gross negligence, a landlord is not liable in a civil action for personal injury, death, property damage, or other damages resulting from or arising out of an occurrence involving a firearm, firearm component, or ammunition that the landlord is required to allow on the property under section 562A.11.
The tenant shall: (1) comply with all obligations primarily imposed upon tenants by applicable building and housing codes materially affecting health and safety; (2) keep that part of the premises occupied and used as clean and safe as the condition of the premises permits; (3) dispose of all ashes, rubbish, garbage, and other waste from the dwelling unit in a clean and safe manner; (4) keep all plumbing fixtures 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; (6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so — if damage is intentional the tenant may be criminally charged with criminal mischief under chapter 716; and (7) act in a manner that will not disturb a neighbor's peaceful enjoyment of the premises.
A landlord, from time to time, may adopt rules concerning the tenant's use and occupancy of the premises. A rule is enforceable against the tenant only if it is written and: (a) its purpose is to promote the convenience, safety, or welfare of the tenants, preserve the landlord's property from abusive use, or make a fair distribution of services; (b) it is reasonably related to the purpose for which it is adopted; (c) it applies to all tenants in the premises in a fair manner; (d) it is sufficiently explicit to fairly inform the tenant of required conduct; (e) it is not for the purpose of evading the landlord's obligations; and (f) 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 the tenant is given notice of its adoption and it does not work a substantial modification of the tenant's bargain.
The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit to inspect, 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, workmen, or contractors. The landlord may enter without consent in case of emergency. 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 24 hours' notice of the landlord's intent to enter and enter only at reasonable times. The landlord has no other right of access except by court order or if the tenant has abandoned or surrendered the premises.
Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence.
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 deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days. The rental agreement will not terminate if the landlord adequately remedies the breach before the date specified. The tenant may not terminate for a condition caused by the deliberate or negligent act of the tenant. The tenant may also recover damages and obtain injunctive relief for any noncompliance by the landlord. If the landlord's noncompliance is willful, the tenant may recover reasonable attorney fees.
If the landlord fails to deliver possession of the dwelling unit, rent abates until possession is delivered and the tenant may: (1) upon at least 5 days' written notice to the landlord, terminate the rental agreement and the landlord shall return all prepaid rent and security; or (2) demand performance of the rental agreement by the landlord and maintain an action for possession and recover damages sustained. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover an amount not more than two months' periodic rent or twice the actual damages sustained, whichever is greater.
If the landlord deliberately or negligently fails to supply running water, hot water, heat, or essential services, the tenant may give written notice and then: (a) procure reasonable amounts of the services and deduct their actual and reasonable cost from rent; (b) recover damages based on the diminution in the fair rental value of the dwelling unit; or (c) procure reasonable substitute housing and be excused from paying rent for that period. If the failure is deliberate, the tenant may additionally recover the actual and reasonable cost or fair value of substitute housing not in excess of the periodic rent. Rights do not arise until the tenant has given written notice or if the condition was caused by the tenant.
In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for any amount recoverable under the rental agreement or this chapter. In that event, the court may order the tenant to pay accruing rent into court and shall determine the amount due to each party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession.
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: (1) immediately vacate the premises and notify the landlord in writing within 14 days of intention to terminate the rental agreement, whereupon the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part rendered unusable by the fire or casualty, with liability for rent reduced proportionally. If the rental agreement is terminated the landlord shall return all prepaid rent and security recoverable under section 562A.12.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months' periodic rent or twice the actual damages sustained, whichever is greater. If the rental agreement is terminated the landlord shall return all prepaid rent and security.
For material noncompliance by the tenant with the rental agreement or noncompliance with section 562A.17 materially affecting health and safety, the landlord may deliver a written notice specifying the breach and that the rental agreement will terminate not less than 7 days after receipt of the notice if the breach is not remedied in 7 days. If substantially the same act or omission recurs within six months, the landlord may terminate the rental agreement upon at least 7 days' written notice without a new opportunity to cure. If rent is unpaid when due and the tenant fails to pay within 3 days after written notice by the landlord of nonpayment and the landlord's intention to terminate if rent is not paid within that period, the landlord may terminate the rental agreement. The tenant may defend by proving that: (a) the landlord failed to comply with the rental agreement or section 562A.15; (b) the tenant notified the landlord at least 7 days prior to the date rent was due of intent to correct the condition at the landlord's expense; (c) the reasonable cost to correct the breach was one month's rent or less; (d) the tenant in good faith caused the condition to be corrected prior to receipt of the landlord's notice of noncompliance.
If a tenant, a member of the tenant's household, or a person on the premises with the tenant's consent creates a clear and present danger to the health or safety of other tenants or the landlord or the landlord's property, the landlord may, after service of a single 3-day written notice of termination and notice to quit stating the specific activity and the applicable exemptions, file suit against the tenant for recovery of possession. The tenant shall be given the opportunity to contest the termination in court proceedings by notice at least 3 days prior to the hearing. The clear and present danger provision shall not apply if the tenant or a member of the tenant's household is a victim of the activity and the tenant has sought relief by seeking a protective order or reporting the activity to law enforcement. A landlord who proceeds under this section in bad faith is liable for the greater of actual damages or three months' periodic rent.
A landlord shall not include in any rental agreement a provision that penalizes a tenant, limits a tenant's right to summon emergency assistance, or causes a tenant to waive the tenant's rights with respect to summoning emergency assistance. The landlord shall not threaten to penalize, threaten to evict, or evict a tenant because the tenant has summoned emergency assistance.
If there is noncompliance by the tenant with section 562A.17 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within 7 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 workmanlike manner and submit an itemized bill for the actual and reasonable cost as additional rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.
If the rental agreement requires notice of extended absence and the tenant willfully fails to give it, the landlord may recover actual damages from the tenant. During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary. If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to re-rent it at a fair rental. If the landlord re-rents the unit for a term beginning prior to the expiration of the rental agreement, it is deemed terminated as of the date the new tenancy begins.
Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective date of this chapter. Distress for rent is abolished.
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.
The landlord or tenant may terminate a week-to-week tenancy by written notice given at least 10 days prior to the termination date specified in the notice. The landlord or tenant may terminate a month-to-month tenancy by written notice given at least 30 days prior to the periodic rental date specified in the notice. If the tenant remains in possession without the landlord's consent after expiration or termination of the rental agreement, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord may additionally recover an amount not more than two months' periodic rent or twice the actual damages sustained, whichever is greater.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement, and in either case recover actual damages and reasonable attorney fees. 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, and in either case recover actual damages not less than an amount equal to two months' periodic rent and reasonable attorney fees.
A landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after: (1) the tenant has complained to a governmental agency about a building or housing code violation materially affecting health and safety; (2) the tenant has complained to the landlord of a violation of section 562A.15; or (3) the tenant has organized or become a member of a tenant's union or similar organization. If the landlord acts in violation, the tenant is entitled to the remedies provided in section 562A.26 and has a defense in any action for possession. A landlord may still bring an action for possession if the tenant is in default in rent, the violation was caused primarily by the tenant, or compliance with the applicable housing code requires demolition that would effectively deprive the tenant of use of the dwelling unit.
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