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UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW, Ch 562A

CHAPTER 562A

UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW

Referred to in ?231B.18, 231C.19

Eviction or distress for rent during military service; termination of leases; ?29A.101

ARTICLE I

GENERAL PROVISIONS AND DEFINITIONS

PART 1

SHORT TITLE, CONSTRUCTION, APPLICATION, AND SUBJECT MATTER OF THE ACT

562A.1 562A.2 562A.3

562A.4

Short title. Purposes -- rules of construction. Supplementary principles of law

applicable. Administration of remedies --

enforcement.

562A.5

PART 2

SCOPE AND JURISDICTION

Exclusions from application of chapter.

PART 3

GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION -- NOTICE

562A.6 562A.7 562A.8 562A.8A

General definitions. Unconscionability. Notice. Computation of time.

562A.9 562A.10 562A.11

PART 4

GENERAL PROVISIONS

Terms and conditions of rental agreement.

Effect of unsigned or undelivered rental agreement.

Prohibited provisions in rental agreements.

562A.12 562A.13 562A.14

562A.15 562A.16

ARTICLE II

LANDLORD OBLIGATIONS

Rental deposits. Disclosure. Landlord to supply possession of

dwelling unit. Landlord to maintain fit premises. Limitation of liability.

562A.17 562A.18 562A.19 562A.20

ARTICLE III

TENANT OBLIGATIONS

Tenant to maintain dwelling unit. Rules. Access. Tenant to use and occupy.

562A.21 562A.22 562A.23

562A.24

562A.25 562A.26

ARTICLE IV

REMEDIES

PART 1

TENANT REMEDIES

Noncompliance by the landlord -- in general.

Failure to deliver possession. Wrongful failure to supply heat,

water, hot water or essential services. Landlord's noncompliance as defense to action for possession or rent. Fire or casualty damage. Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.

562A.27

562A.27A 562A.27B 562A.28 562A.29 562A.29A 562A.30 562A.31 562A.32 562A.33

PART 2

LANDLORD REMEDIES

Noncompliance with rental agreement -- failure to pay rent -- violation of federal regulation.

Termination for creating a clear and present danger to others.

Right to summon emergency assistance -- waiver of rights.

Failure to maintain. Remedies for absence, nonuse

and abandonment. Method of service of notice on

tenant. Waiver of landlord's right to

terminate. Landlord liens -- distress for rent. Remedy after termination. Recovery of possession limited.

PART 3

PERIODIC TENANCY -- HOLDOVER -- ABUSE OF ACCESS

562A.34 562A.35

Periodic tenancy -- holdover remedies.

Landlord and tenant remedies for abuse of access.

562A.36

ARTICLE V RETALIATORY ACTION

Retaliatory conduct prohibited.

562A.37

ARTICLE VI EFFECTIVE DATE

Applicability.

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?562A.1, UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW

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ARTICLE I GENERAL PROVISIONS AND DEFINITIONS

PART 1

SHORT TITLE, CONSTRUCTION, APPLICATION, AND SUBJECT MATTER OF THE ACT

562A.1 Short title. This chapter shall be known and may be cited as the "Uniform Residential Landlord and Tenant Act". [C79, 81, ?562A.1]

562A.2 Purposes -- rules of construction. 1. This chapter shall be liberally construed and applied to promote its underlying purposes and policies. 2. Underlying purposes and policies of this chapter are: a. To simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant; and b. To encourage landlord and tenant to maintain and improve the quality of housing. c. To ensure that the right to the receipt of rent is inseparable from the duty to maintain the premises. [C79, 81, ?562A.2] 2014 Acts, ch 1026, ?122

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

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

PART 2 SCOPE AND JURISDICTION

562A.5 Exclusions from application of chapter. Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: 1. Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service. 2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest. 3. Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization. 4. Transient occupancy in a hotel, motel or other similar lodgings.

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UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW, ?562A.6

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 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.

[C79, 81, ?562A.5] 95 Acts, ch 125, ?2

PART 3

GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION -- NOTICE

562A.6 General definitions. Subject to additional definitions contained in subsequent articles of this chapter which apply to specific articles or its parts, and unless the context otherwise requires, in this chapter: 1. "Building and housing codes" include a law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of a premises or dwelling unit. 2. "Business" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity. 3. "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place. 4. "Good faith" means honesty in fact in the conduct of the transaction concerned. 5. "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by section 562A.13. 6. "Owner" means one or more persons, jointly or severally, in whom is vested: a. All or part of the legal title to property; or b. All or part of the beneficial ownership and a right to present use and enjoyment of the premises, and the term includes a mortgagee in possession. 7. "Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances of it and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant. 8. "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. 9. "Reasonable attorney 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. 10. "Rent" means a payment to be made to the landlord under the rental agreement. 11. "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. 12. "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. 13. "Resident" means an occupant of a dwelling unit who is at least eighteen years of age. 14. "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.

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15. "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.

16. "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of another.

17. "Transitional housing" means temporary or nonpermanent housing. [C79, 81, ?562A.6] 95 Acts, ch 125, ?3; 2013 Acts, ch 97, ?2

Referred to in ?135O.1, 331.304, 364.3

562A.7 Unconscionability. 1. If the court, as a matter of law, finds that: a. A rental agreement or any provision of it was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of an unconscionable provision to avoid an unconscionable result. b. A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of an unconscionable provision to avoid any unconscionable result. 2. If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination. [C79, 81, ?562A.7]

562A.8 Notice. 1. Notices required under this chapter, except those notices identified in section 562A.29A, shall be served as follows: a. A landlord shall serve notice on a tenant by one or more of the following methods: (1) Hand delivery to the tenant. (2) Delivery evidenced by an acknowledgment of delivery that is signed and dated by a resident of the dwelling unit who is at least eighteen years of age. Delivery under this subparagraph shall be deemed to provide notice to all tenants of the dwelling unit. (3) Personal service pursuant to rule of civil procedure 1.305, Iowa court rules, for the personal service of original notice. (4) Mailing by both regular mail and certified mail, as defined in section 618.15, to the address of the dwelling unit or to an address provided by the tenant for mailing. (5) Posting on the primary entrance door of the dwelling unit. A notice posted according to this subparagraph shall be posted within the applicable time period for serving notice and shall include the date the notice was posted. (6) A method of providing notice that results in the notice actually being received by the tenant. b. A tenant shall serve notice on a landlord by one or more of the following methods: (1) Hand delivery to the landlord or the landlord's agent designated under section 562A.13. (2) Delivery evidenced by an acknowledgment of delivery that is signed and dated by the landlord or the landlord's agent designated under section 562A.13. (3) Personal service pursuant to rule of civil procedure 1.305, Iowa court rules, for the personal service of original notice. (4) Delivery to an employee or agent of the landlord at the landlord's business office. (5) Mailing by both regular mail and certified mail, as defined in section 618.15, to the

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address of the landlord's business office or to an address designated by the landlord for mailing.

(6) A method of providing notice that results in the notice actually being received by the landlord.

2. Notice served by mail under this section is deemed completed four days after the notice is deposited in the mail and postmarked for delivery, whether or not the recipient signs a receipt for the notice.

[C79, 81, ?562A.8] 96 Acts, ch 1203, ?1, 2; 99 Acts, ch 155, ?5, 14; 2010 Acts, ch 1017, ?1, 11

Referred to in ?562A.30

562A.8A Computation of time. The calculation of all time periods required under this chapter shall be made in accordance with section 4.1, subsection 34. 99 Acts, ch 155, ?6, 14

PART 4 GENERAL PROVISIONS

562A.9 Terms and conditions of rental agreement. 1. The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. 2. In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit. 3. Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day-to-day. 4. For rental agreements in which the rent does not exceed seven hundred dollars per month, a rental agreement shall not provide for a late fee that exceeds twelve dollars per day or a total amount of sixty dollars per month. For rental agreements in which the rent is greater than seven hundred dollars per month, a rental agreement shall not provide for a late fee that exceeds twenty dollars per day or a total amount of one hundred dollars per month. 5. 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. [C79, 81, ?562A.9] 2013 Acts, ch 97, ?3

Referred to in ?562A.34

562A.10 Effect of unsigned or undelivered rental agreement. 1. If a landlord does not sign and deliver a written rental agreement signed and delivered to the landlord by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord. 2. If a tenant does not sign and deliver a written rental agreement signed and delivered to the tenant by the landlord, acceptance of possession without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant. 3. If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective only for one year. [C79, 81, ?562A.10]

562A.11 Prohibited provisions in rental agreements. 1. A rental agreement shall not provide that the tenant or landlord does any of the following:

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Iowa Code 2022, Chapter 562A (21, 1)

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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. 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 associated costs. 2. If the landlord receives rental assistance payments under a rental assistance agreement administered by the United States department of agriculture under the multifamily housing rental assistance program under Tit. V of the federal Housing Act of 1949, Pub. L. No. 81-171, or receives housing assistance payments under a housing assistance payment contract administered by the United States department of housing and urban development under the housing choice voucher program, the new construction program, the substantial rehabilitation program, or the moderate rehabilitation program under section 8 of the United States Housing Act of 1937, Pub. L. No. 75-412, a rental agreement shall not contain a provision or impose a rule that requires a person to agree, as a condition of tenancy, to a prohibition or restriction on the lawful ownership, use, or possession of a firearm, a firearm component, or ammunition within the tenant's specific rental unit. A landlord may impose reasonable restrictions related to the possession, use, or transportation of a firearm, a firearm component, or ammunition within common areas as long as those restrictions do not circumvent the purpose of this subsection. A tenant shall exercise reasonable care in the storage of a firearm, a firearm component, or ammunition. This subsection does not apply to any prohibition or restriction that is required by federal or state law, rule, or regulation. 3. A provision prohibited by this section 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 fees. [C79, 81, ?562A.11] 2021 Acts, ch 35, ?22

Referred to in ?562A.16 Section amended and editorially internally renumbered

ARTICLE II

LANDLORD OBLIGATIONS

562A.12 Rental deposits. 1. A landlord shall not demand or receive as a security deposit an amount or value in excess of two months' rent. 2. All rental deposits shall be held by the landlord for the tenant, who is a party to the agreement, in a bank or savings and loan association or credit union which is insured by an agency of the federal government. Rental deposits shall not be commingled with the personal funds of the landlord. Notwithstanding the provisions of chapter 543B, all rental deposits may be held in a trust account, which may be a common trust account and which may be an interest-bearing account. Any interest earned on a rental deposit during the first five years of a tenancy shall be the property of the landlord. 3. a. 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: (1) To remedy a tenant's default in the payment of rent or of other funds due to the landlord pursuant to the rental agreement.

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Iowa Code 2022, Chapter 562A (21, 1)

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