IA
Iowa Landlord-Tenant Laws
Security Deposit Limit
Iowa Code
✅ Key Requirements
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- Maximum security deposit is two months' rent
- No additional deposits beyond this limit (excluding advance rent)
- Landlords cannot demand or receive amounts exceeding the statutory cap
Security Deposit Holding Requirements
Iowa Code
✅ Key Requirements
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- Deposits must be held in federally-insured bank, savings and loan, or credit union
- Cannot commingle deposits with landlord's personal funds
- May be held in trust account (common or interest-bearing)
- Interest earned during first 5 years belongs to landlord
Security Deposit Return Timeline
Iowa Code
✅ Key Requirements
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- Landlord has 30 days from termination AND receipt of forwarding address
- Must return deposit or provide written itemized statement
- Statement must show specific reasons for any withholding
- Failure to provide statement within 30 days = forfeiture of all withholding rights
- If tenant doesn't provide address within 1 year, deposit reverts to landlord
Permitted Security Deposit Deductions
Iowa Code
✅ Key Requirements
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- May deduct for unpaid rent or other amounts owed under lease
- May deduct to restore unit to original condition (minus ordinary wear and tear)
- May deduct expenses to regain possession from tenant not acting in good faith
- Landlord has burden of proof to justify deductions
- Amounts must be reasonably necessary
Bad Faith Retention Penalties
Iowa Code
✅ Key Requirements
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- Bad faith retention subjects landlord to penalties
- Punitive damages up to 2x monthly rent
- Tenant may also recover actual damages
- Court may award reasonable attorney fees to prevailing party
3-Day Notice for Nonpayment of Rent
Iowa Code
✅ Key Requirements
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- 3-day written notice required for nonpayment of rent
- Notice must state rent is unpaid and amount due
- Notice must state landlord's intention to terminate if not paid within 3 days
- Tenant can cure by paying rent within 3-day period
- Landlord may terminate rental agreement if rent not paid within 3 days
7-Day Notice for Lease Violations
Iowa Code
✅ Key Requirements
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- 7-day notice required for material lease violations or health/safety violations
- Notice must specify acts and omissions constituting breach
- Notice must state termination date (minimum 7 days from receipt)
- Tenant may cure breach within 7 days to avoid termination
- Repeat violation within 6 months: 7-day notice without opportunity to cure
- +1 more requirements
3-Day Notice for Clear and Present Danger
Iowa Code
✅ Key Requirements
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- 3-day unconditional notice for clear and present danger to health or safety
- No opportunity to cure
- Applies within 1,000 feet of landlord's property
- Clear and present danger includes: physical assault/threats, illegal weapon use, controlled substance possession without prescription
- Tenant exempt if danger caused by another person AND tenant takes protective measures (protective order, police report, written notice to person)
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Forcible Entry and Detainer Process
Iowa Code
✅ Key Requirements
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- Forcible Entry and Detainer (FED) is Iowa's eviction lawsuit process
- Generally requires 3-day notice to quit before filing (except nonpayment cases with 3-day pay or quit notice)
- Landlord must file petition with court after notice period expires and tenant doesn't comply
- Court sets hearing date (typically about 1 week after filing)
- Original notice must be served at least 3 days before hearing
- +2 more requirements
Service of Notices to Tenant
Iowa Code
✅ Key Requirements
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- Landlords may serve notices via: (1) acknowledgment by resident 18+, (2) personal service, or (3) posting + regular & certified mail
- Delivery to any resident 18+ provides notice to all tenants
- Posted notice must include date posted
- Mailed notice deemed complete 4 days after mailing, regardless of receipt
- Multiple service methods may be used simultaneously
Writ of Possession and Removal
Iowa Code
✅ Key Requirements
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- After judgment for landlord, writ of possession/removal may issue immediately
- Sheriff executes writ to physically remove tenant and restore possession to landlord
- Landlord must provide labor for physical removal of tenant's belongings
- No automatic stay period after judgment
- Tenant may retrieve possessions by written application to court
Landlord's Duty to Maintain Premises
Iowa Code
✅ Key Requirements
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- Comply with all building and housing codes affecting health and safety
- Make all necessary repairs to keep premises fit and habitable
- Keep common areas clean and safe (landlord not liable for tenant-placed objects)
- Maintain all electrical, plumbing, sanitary, HVAC, and appliances in good working order
- Provide garbage/waste receptacles and arrange removal
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Tenant's Maintenance and Conduct Obligations
Iowa Code
✅ Key Requirements
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- Comply with building and housing codes affecting health and safety
- Keep occupied areas clean and safe
- Properly dispose of garbage and waste
- Keep plumbing fixtures clean
- Use all facilities and appliances reasonably
- +3 more requirements
Tenant Remedies for Landlord Noncompliance
Iowa Code
✅ Key Requirements
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- Tenant may give 7-day notice to landlord for material noncompliance or health/safety issues
- Notice must specify breach and termination date if not remedied
- If landlord cures within 7 days, lease continues
- Repeat violation within 6 months allows termination with 7-day notice
- Tenant may recover damages and injunctive relief
- +2 more requirements
Tenant Right to Withhold Rent for Essential Services
Iowa Code
✅ Key Requirements
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- Applies when landlord deliberately or negligently fails to supply water, hot water, heat, or essential services
- Tenant must give written notice specifying breach
- Tenant may: (1) procure services and deduct costs from rent, (2) recover damages for diminished value, or (3) recover rent paid during noncompliance period
- Costs must be actual and reasonable
- Rights don't arise if condition caused by tenant, family, or guests
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Landlord Remedy for Tenant's Failure to Maintain
Iowa Code
✅ Key Requirements
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- Applies to tenant violations of maintenance duties affecting health and safety
- Landlord must give 7-day written notice specifying breach and requesting remedy (or immediate in emergency)
- If tenant doesn't comply, landlord may enter and have work done
- Landlord may charge actual and reasonable cost
- Cost added to rent on next due date (or immediate payment if lease terminated)
- +1 more requirements
Landlord Right of Entry
Iowa Code
✅ Key Requirements
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- Tenant cannot unreasonably withhold consent for entry
- Valid reasons: inspections, repairs, alterations, services, showing to prospective buyers/tenants
- Emergency entry permitted without notice or consent
- 24-hour notice required (except emergencies or impracticable)
- Entry only at reasonable times
- +1 more requirements
Remedies for Abuse of Access Rights
Iowa Code
✅ Key Requirements
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- Tenant refusing lawful access: landlord may get injunction or terminate, recover damages and attorney fees
- Landlord unlawful/unreasonable entry or harassment: tenant may get injunction or terminate
- Tenant entitled to actual damages (minimum 1 month's rent) plus attorney fees
- Court may grant injunctive relief to prevent recurring violations
Termination of Periodic Tenancies
Iowa Code
✅ Key Requirements
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- Week-to-week tenancy: 10 days' written notice required
- Month-to-month tenancy: 30 days' written notice required
- Notice must be given to terminate on periodic rental date
- Term leases longer than month-to-month: 30 days' notice before end of term
- Either party (landlord or tenant) may terminate with proper notice
Holdover Tenant Remedies
Iowa Code
✅ Key Requirements
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- Holdover = tenant remains after lease expiration/termination without landlord consent
- Landlord may bring action for possession
- If holdover is willful and not in good faith, landlord may also recover actual damages
- Landlord may recover reasonable attorney fees for willful holdover
- If landlord accepts continued occupancy, creates month-to-month tenancy
Prohibition on Retaliatory Conduct
Iowa Code
✅ Key Requirements
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- Landlord cannot retaliate for: (1) code complaints to government, (2) complaints to landlord about violations, (3) tenant union membership
- Prohibited retaliatory acts: rent increases, service decreases, eviction threats/actions
- Good faith complaint within 1 year creates presumption of retaliation
- Presumption doesn't arise if complaint made after rent increase notice
- Defense: rent increase commensurate with actual cost increases
- +2 more requirements
Tenant Remedies for Unlawful Eviction
Iowa Code
✅ Key Requirements
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- Self-help evictions (lockouts, utility shutoffs) are illegal
- Landlord must use court process except for abandonment or surrender
- Tenant may recover possession or terminate lease
- Tenant entitled to actual damages plus punitive damages up to 2x monthly rent
- Tenant may recover reasonable attorney fees
- +1 more requirements
Rent Increase Notice Requirements
Iowa Code
✅ Key Requirements
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- 30 days' written notice required for any rent increase
- Effective date cannot be before lease expiration/renewal date
- Notice must be provided before increase takes effect
- Applies to all rental increases regardless of amount
Late Fee Limitations
Iowa Code
✅ Key Requirements
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- Rent ≤ $700/month: late fees capped at $12/day or $60/month maximum
- Rent > $700/month: late fees capped at $20/day or $100/month maximum
- Daily and monthly caps both apply
- Rental agreement cannot exceed these statutory limits
Required Landlord Disclosures
Iowa Code
✅ Key Requirements
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- Must disclose in writing: (1) name/address of property manager, (2) name/address of owner or agent for service of process
- Information must be kept current throughout tenancy
- Must explain utility rates, charges, and services before lease signing (unless tenant pays directly)
- Must disclose if property is on EPA Superfund list (CERCLIS)
- Disclosure required at or before tenancy begins
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Rental Agreement Terms and Prohibited Provisions
Iowa Code
✅ Key Requirements
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- Lease terms must not violate Chapter 562A or other laws
- Prohibited clauses: (1) waiver of statutory rights/remedies (except single-family on agricultural land), (2) confession of judgment, (3) tenant pays landlord's attorney fees, (4) exculpation/indemnification clauses
- For HUD/USDA housing: cannot prohibit lawful firearm ownership in unit (reasonable common area restrictions allowed)
- Prohibited provisions are unenforceable
- Willful use of prohibited provisions: tenant may recover actual damages + up to 3 months' rent + attorney fees
- +1 more requirements