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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Below is an overview of some of the rights and responsibilities of both landlords and tenants in Iowa.
The rights of tenants in Iowa aren't explicitly stated in the state’s landlord-tenant law. However, tenants still have the right to a safe and livable unit and are legally entitled to due process prior to eviction and a written notice of repairs. Additionally, tenants may seek legal assistance from the landlord if they are unsatisfied with these stipulations.
Tenants’ primary obligations include paying rent as well as;
Landlords in Iowa don't have specific rights listed in the state's landlord-tenant law. However, they can still legally collect the unpaid rent if a tenant doesn't pay the rent, begin the eviction process, and take out repair costs from the security deposit.
The landlord is often responsible for the following:
Are landlords in Iowa required to give notice before entering the property?
Yes, a landlord must give the renter at least 24 hours notice before entering their home and can only do so during regular business hours. (Iowa Code § 562A.19(3))
Are landlords in Iowa allowed to enter the property to conduct maintenance and repairs?
Unless there is an emergency or it is "impracticable" for the landlord to give this notice, Iowa Code § 562A.19 requires landlords to give at least 24 hours notice before entering the property to conduct maintenance and repairs. Additionally, tenants cannot unreasonably withhold consent to the landlord to enter the property.
According to Iowa Code § 562A.9, landlords can request a late fee for rent in Iowa as long as it's specified in the lease. However, Iowa has a special system for calculating late fees:
There is no mandatory grace period in Iowa.
Source: Summary of Iowa Landlord and Tenant Law | Iowa Legal Aid, Landlord/Tenant | Iowa State Bar Association, Iowa Code § 562A.9.
SECTION 2
There are no rent control laws in Iowa that restrict the amount of rent that landlords may charge, and state law forbids municipal governments from passing rent control legislation (IA Code § 364.3).
In Iowa, landlords are required to offer a 30-day written notice prior to raising the rent and the rent increase cannot take effect until the current lease expires and is renewed, or if the tenant is on a month to month lease, on the next rent due date after the 30 day notice period has expired.
In Iowa, landlords are prohibited from raising rent if:
Source: Landlord-Tenant Law - LEGISLATIVE GUIDE - Iowa.gov
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SECTION 3
An Iowa lease agreement is a formal contract between a landlord (lessor) and a prospective tenant (lessee) that outlines the terms and conditions of tenancy in the state of Iowa.
Yes. Both written and oral lease agreements are allowed in Iowa. However, you cannot have a fixed term lease as verbal lease agreements are assumed to be month to month agreements except for in the case of roomers that pay weekly, in which case the tenancy shall be week-to-week. (Iowa Code § 562A.9)
Remember, it is always advised to put rental agreements into writing to avoid potential legal disputes.
Here are some key components that should be included in an Iowa lease agreement to ensure a smooth and fair rental experience for all parties involved.
Free Resources: Iowa Lease Agreement | eForms
Source: 470-3765 Lease Agreement | Iowa.gov
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SECTION 4
An Iowa landlord is only permitted to collect security deposits up to the equivalent of 2 months' worth of rent. (§§ 562A.12(1))
There is no statute restricting pet deposits and pet fees in Iowa. As such landlords are permitted by Iowa state law to request a separate pet deposit.
However, this does not apply to people with disabilities who employ service animals. Regardless, the renter is responsible for paying for any damage the service animal causes to the property throughout the tenure.
Under Iowa law, the landlord may deduct a reasonable amount from the security deposit for the following reasons:
Yes. Should a landlord decide to make deductions from the security deposit the landlord need to provide a written statement to the tenant showing specific reasons for withholding any portion of the security deposit. This must be delivered to the tenant within 30 days of the tenant moving out.
Tenants are expected to give the landlord their forwarding address within a year after their move-out date. They give up the right to get the itemized receipt or the security deposit if they fail to furnish a mailing address within the allotted period.
Landlords must keep security deposits apart from their personal or other funds in accordance with Iowa law. Additionally, the security deposit must be kept in a trust account or saved in a bank, credit union, savings and loan association, or other institution insured by a federal government agency. (§§ 562A.12(2))
A landlord in Iowa has thirty days to return the deposit. The thirty days begin on the date that the lease terminates, and you receive the tenant's postal address or delivery instructions. (§§ 562A.12(3)(a))
If the landlord fails to give a written notice or simply refuses to return the deposit within the 30-day period, tenants may take legal action. The tenant may be liable to twice the amount of the security deposit plus any court-mandated legal fees if the court deems that the deposit was withheld in bad faith.
Iowa law does not require landlords to give renters interest on their security deposits.
Source: Rental Deposits | Iowa Legal Aid, 562A.12 Rental deposits | Iowa Legislature.gov, Security deposits | People’s Law Library of Iowa.
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SECTION 5
According to Iowa Landlord and Tenant Law, Chapter 562A, landlords have the right to evict tenants for reasonable cause, such as failure to pay rent. However, tenant evictions must be carried out in a way that adheres with the state's eviction process.
Landlords in Iowa cannot initiate an eviction process against a tenant without legal justifications. Here are some of the common grounds for eviction as per Iowa law:
Under Iowa eviction law, landlords are required to provide written notice to the tenant before filing an eviction lawsuit. The notice requirement varies depending on the ground for eviction.
Here are the six typical notice types in Iowa:
This notice is given in the case where a tenant fails to pay rent past due time, giving renters three days to pay or vacate. If the rent is not paid within three days, the landlord can terminate the lease and file an eviction lawsuit, as stated in the notification. (§§ 562A.27(2))
The term "clear and present danger" refers to anything that poses a risk to the landlord, other renters, or its staff. Under Iowa's law, the following are the definition of posing a "clear and present danger":
The landlord may be able to terminate the lease with a three-day notice if they believe the renter has done this or something similar. After providing the required notice, the landlord may then initiate an eviction proceeding. (§§ 562A.27(1) and (2))
Landlords can give the notice when the tenant any of the provisions in the lease in some other way. This notice gives renters the right to fix or "cure" the lease infraction. Failure of the tenant to cure the violation after the notice period puts them at the risk of eviction. (§§ 562A.27(1))
This notice can be given if the tenant repeats a lease violation within six months after being served a 7-day cure or quit notice. The tenant does not get another chance to fix the problem. However, if the same type of lease violation occurs after that 6 months period, the landlord must give a new "7-day notice to cure or quit" notice. (§§ 562A.27(1))
Evictions in Iowa follow a set of legal procedures that guarantee a fair and well-organized process for both landlords and tenants. Below is a thorough explanation of each step:
For eviction to be lawful in Iowa, the landlord must provide a good reason, such as unpaid rent, broken lease terms, or unlawful activity.
The landlord is required by law to provide the tenant the appropriate notice, which may be three days' notice for non-payment of rent or seven days' notice for lease violations, depending on the reason for the eviction.
The landlord must give the tenant the chance to resolve the matter (such as paying the past-due rent or fixing a lease violation) by allowing the allotted amount of time to pass after sending the notice.
The landlord may file an eviction case, commonly referred to as a forceful entry and detainer action, in court if the tenant disregards the notice.
Both parties are expected to appear in court during the hearing. Tenant has the opportunity to provide a defense, and the landlord must establish the validity of the eviction.
If the presiding judge rules in favor of the landlord, it would result in the issuance of an eviction order.
With an eviction order, landlords can request the help of a law enforcement official to enforce the eviction and remove the tenant from the property. Under law, landlords are prohibited from evicting the renter by themselves using force.
Source: Evictions 101 | IowaLegalAid.org, Tenant Defenses to Evictions in Iowa | Nolo.
SECTION 6
Iowa landlord-tenant law allows landlords to use a rental application form to choose an eligible candidate for a particular property during the tenant screening process. Additionally, there are a few Iowa statutes that deal with rental applications.
Iowa does not control rental application costs, so landlords are free to charge as much as they like. However, it is expected that the fees will not exceed the real cost of the inspections and screenings.
Furthermore, in Iowa, application costs are non-refundable regardless of the reason for the application's denial.
Landlords are not allowed to discriminate against protected classes in housing, as per the Iowa Fair Housing Act. Ideally, landlords should avoid requesting information on the application form that can be interpreted as being relevant for discriminatory reasons. (Title 24 USC § 3601-3607, Iowa Code § 216.8, Iowa Fair Housing Guide)
Iowa landlords are permitted to do various credit and background checks on potential tenants. But they can only do so with the applicants' permission. A consent-seeking form should be included with the application and signed by the applicants.
Landlords are required by federal law to notify renters of any unfavorable action taken against them should their application be denied. The purpose of this notification is to notify the applicant of:
To make the rental application process effective, here is a list of crucial requests to include in your Iowa rental applications:
Source: Summary of Iowa Landlord and Tenant Law | Iowa Legal Aid.
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SECTION 7
Breaking a lease without a valid reason is regarded by Iowa law as a breach of contract, which carries financial and legal ramifications. If a tenant chooses to violate a lease without legal grounds or getting permission from the court, they might suffer real repercussions.
According to Iowa state law, landlords and tenants must provide one of the following notices when terminating a lease:
Tenants in Iowa have many legal justifications to breach a lease without facing monetary or legal repercussions. Some of these reasons include:
Source: Tenant's Right to Break a Rental Lease in Iowa | Nolo, Ending a lease | People's Law Library of Iowa.
SECTION 8
Below is an overview of some Iowa HOA laws that often apply to homeowners associations in the state:
There is no specific state statute that regulates the operation of homeowner associations in Iowa. However, since HOAs are considered non-profit organizations, they fall under the jurisdiction of the Revised Iowa NonProfit Corporation Act. This act establishes rules for the internal workings and organizational structure of all corporations established in Iowa. (Revised Iowa NonProfit Corporation Act)
The Iowa Horizontal Property Act regulates the creation, management, power, and operations of horizontal property regimes. This act only applies to homeowners who voluntarily elect to be subject to the laws by registering a Master Deed with the county recorder's office in the relevant jurisdiction. (Iowa Horizontal Property Act)
This law, like the federal Fair Housing Act, aims to protect everyone's right to equitable housing options, regardless of gender identity, age, handicap, ethnicity, religion, sexual orientation, color, or national origin. It provides homeowners with protections at the state level. (Iowa Civil Rights Act)
This law prevents homeowner associations (HOAs) from limiting or outlawing the use of solar collectors by giving local city councils and the county board of supervisors the authority to adopt regulations. Local authorities must enact and implement these laws. (Restrictive Covenants)
SECTION 9
Iowa squatters' rights, also known as adverse possession, allow ownership claims through extended occupation without owner consent. To establish a valid claim, squatters must establish hostile, actual, open, exclusive, and continuous possession for five years.
Iowa property owners can safeguard their land by conducting routine inspections, posting notices, and taking legal action.
Here's an overview of the requirements to make an adverse possession claim:
In this context, "hostile" means that the owner is unaware of the squatter's presence or did not provide permission. Also, it applies if the squatter does not have a good faith conviction that they have the legal right to be there.
This implies that throughout the full five years, the squatter needs to be present on the property and treat it as their own. The squatter might, for instance, paint the building, install a new driveway, and erect a fence.
This implies that the squatter must reside on the property in a way that a casual observer might easily identify their presence. Residing in the building's basement and leaving after dark when no one else was available won't count as open and notorious possession.
The squatter is required to be the only person residing on the property to qualify for adverse possession. Shared occupancy with other people won't satisfy the exclusivity criterion and none of the squatters would be able to obtain legal ownership to the property.
To meet the continuous possession requirement, the squatter needs to fulfill all the previously mentioned requisites for five consecutive years.
SECTION 10
Below, you’ll find some helpful Iowa landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
