Iowa residential lease agreement

This page does not state an Iowa rule on application or screening fees. The Iowa Code is published only as PDF, and the review this page relies on recorded no rule on the subject, so it is listed as not read.

The Iowa Office of Civil Rights lists housing protection for race, color, creed, religion, national origin, sex, sexual orientation, familial status, and physical or mental disability. It also lists retaliation as protected in housing. Check those protections before setting different rent or renewal terms.

Iowa Office of Civil Rights: protected classes

• Respond to an assistance- or service-animal accommodation request within a reasonable time. When disability or the related need is not apparent, supporting information may be requested. An animal registration or certificate alone is insufficient. Do not request a diagnosis, disability severity or medical records. Iowa Code 216.8B(2)-(6)
• Make necessary reasonable changes to pet policies and give a written assistance-animal determination. The statute identifies limits for undue hardship, fundamental alteration, unmitigable direct threats or substantial property damage, and otherwise unreasonable requests. Review the particular circumstances and applicable federal rights. Iowa Code 216.8B(6), (10)
• A professional finding under section 216.8C includes the disability and animal-related need, assistance provided, licensing and compensation information, dates, and certifications about prior familiarity and whether the professional relationship has lasted at least 30 days, including telehealth. It must be made within 12 months of the rental agreement starting and lasts for 12 months or the agreement term, whichever is longer. This is not the exclusive way to establish disability or need. Iowa Code 216.8C
• Licensing and vaccination compliance may be required, and residents remain responsible for animal-caused damage. Iowa preserves other lawful ways to show disability or need and does not narrow existing federal accommodation rights. Iowa Code 216.8B(6), (8)-(10)

At or before the start of the tenancy, disclose in writing who manages the property and who receives legal papers and notices for the owner. Before the lease is signed, fully explain utility rates, charges and services unless the tenant pays the utility company directly. Before the tenancy begins, tell each tenant in writing if the property is listed in the federal CERCLIS environmental database. Disclosure rules in other Iowa chapters, including the smoke and carbon monoxide alarm sections, were not read for this page.

Iowa Code § 562A.13(1) Iowa Code § 562A.13(4) Iowa Code § 562A.13(6)

• The utility explanation is due to the prospective tenant from you or anyone authorized to sign rental agreements for you. Iowa Code § 562A.13(4)
• The CERCLIS disclosure is required only if the property is listed in the comprehensive environmental response compensation and liability information system maintained by the federal Environmental Protection Agency. Iowa Code § 562A.13(6)
• The owner and manager disclosure is explained under landlord identity. Iowa Code § 562A.13(1) See Landlord identity disclosure on the Iowa page

This page does not state an Iowa flood disclosure rule. The Iowa Code is published only as PDF, and the review this page relies on recorded none, so it is listed as not read.

At or before the start of the tenancy, you or a person authorized to sign rental agreements for you must disclose to the tenant in writing the name and address of the person authorized to manage the premises, and of an owner or a person authorized to act for the owner for service of process and for receiving and receipting for notices and demands.

Iowa Code § 562A.13(1)

• Keep the information current; the duty extends to a successor landlord, owner or manager. Iowa Code § 562A.13(2)
• A person who fails to make the disclosure becomes an agent of each person who is a landlord for service of process, for receiving and receipting for notices and demands, and for performing the landlord's duties under chapter 562A and the rental agreement. Iowa Code § 562A.13(3)

You may not demand or receive a security deposit of more than two months' rent. A rental deposit is any money that secures performance of the rental agreement, other than a deposit that is only an advance payment of rent.

Iowa Code § 562A.12(1) Iowa Code § 562A.6(12)

• Because the definition covers any money that secures the tenant's performance, Rentari reads a refundable pet deposit as part of the two months. Iowa Code § 562A.6(12) Iowa Code § 562A.12(1)

Within 30 days from the date the tenancy ends and you receive the tenant's mailing address or delivery instructions, return the deposit or give the tenant a written statement showing the specific reason for keeping any part of it. You may keep only what is reasonably needed to cover unpaid rent or other money due under the rental agreement, to restore the unit to its condition at the start of the tenancy (ordinary wear and tear excepted), or to recover the cost of regaining possession from a tenant who did not act in good faith in failing to leave after noncompliance and notice.

Iowa Code § 562A.12(3)

• If you keep any part of the deposit to restore the unit, the statement must also give the nature of the damages. Iowa Code § 562A.12(3)
• If you give no written statement within the 30 days, you forfeit all rights to keep any part of the deposit. Iowa Code § 562A.12
• If the tenant gives no mailing address or delivery instructions within one year after the tenancy ends, the deposit reverts to you. Iowa Code § 562A.12
• Keeping a deposit, or any part of it, in bad faith exposes you to punitive damages of up to twice the monthly rent on top of actual damages. Iowa Code § 562A.12(7)
• In an action on a rental agreement, the court may award reasonable attorney fees to the prevailing party. Iowa Code § 562A.12(8)

Hold every rental deposit for the tenant in a bank, savings and loan association or credit union insured by an agency of the federal government, and do not commingle it with your personal funds. A trust account is permitted but not required. Interest earned on a deposit during the first five years of a tenancy belongs to you.

Iowa Code § 562A.12(2)

Use a dated condition record at move-in to show the home’s starting condition. Iowa HHS housing guidance recommends writing down and photographing existing damage and having the landlord sign and date it. This is practical recordkeeping guidance; this page does not establish a mandatory Iowa inspection form or statutory checklist deadline.

Iowa HHS: housing and apartment-tour guidance

• Work room by room and record existing stains, cracks, worn finishes, appliance condition and missing items. Keep wide photos for context and close-ups for damage. Give both sides the same dated checklist and photos, note any disagreement, and keep repair requests separate so documenting a defect is not mistaken for fixing it. Compare with the move-out record when explaining a proposed deposit deduction. Iowa HHS: housing and apartment-tour guidance

A rental agreement may not provide for a late fee of more than $12 a day or $60 in total a month when the rent is $700 a month or less, or more than $20 a day or $100 in total a month when the rent is more than $700. No section of Iowa Code chapters 562A, 562 or 648 sets a grace period before a late fee may be charged, so any grace period comes from your lease.

Iowa Code § 562A.9(4)

• The law states both a daily and a monthly limit. This page does not settle whether a single fee larger than the daily figure, charged once in a month, is allowed; a fee within the daily figure stays inside both limits. Iowa Code § 562A.9(4)
• No section of chapters 562A, 562 or 648 sets a grace period. Iowa Code ch. 562A Iowa Code ch. 562 Iowa Code ch. 648

Iowa's landlord and tenant chapters (562A, 562 and 648) set no fee for a bounced check or returned payment. Other Iowa law on dishonored checks was not read for this page, so no state limit is stated here.

Iowa Code ch. 562A

Notify each tenant in writing of any rent increase at least 30 days before it takes effect. The effective date may not be sooner than the end of the original rental agreement or of any renewal or extension of it.

Iowa Code § 562A.13(5)

• Plan delivery as well as the 30-day lead time. Iowa Code 562A.8 allows hand delivery, a signed and dated acknowledgment by an adult resident, personal service, both regular and certified mail, dated posting on the primary entrance door within the service period, or a method that results in actual receipt. Mail service is complete four days after deposit and postmark, whether or not the recipient signs. Keep the notice and delivery evidence; sending an email alone does not establish actual receipt. Termination notices have separate service rules under 562A.29A. Iowa Code 562A.8 and 562A.13(5)

Except in an emergency or where it is impracticable, give the tenant at least 24 hours' notice of your intent to enter, and enter only at reasonable times. The tenant may not unreasonably withhold consent to entry to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or show the unit to prospective or actual buyers, lenders, tenants, workers or contractors. You may enter without consent in an emergency.

Iowa Code § 562A.19

• You may not abuse the right of access or use it to harass the tenant. Iowa Code § 562A.19
• During a tenant's absence of more than 14 days, you may enter the unit at times reasonably necessary. Iowa Code § 562A.29
• If the tenant refuses lawful access, you may get a court order compelling access or end the rental agreement. If you enter unlawfully, enter lawfully but in an unreasonable manner, or make repeated demands for entry that unreasonably harass the tenant, the tenant may get a court order or end the agreement. Either way the injured party may recover actual damages (for a tenant, not less than one month's rent) and reasonable attorney fees. Iowa Code § 562A.35

You must comply with building and housing codes materially affecting health and safety, make all repairs and do whatever is necessary to keep the premises fit and habitable, keep common areas clean and safe, keep in good and safe working order the electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances you supply or must supply, provide receptacles for and arrange removal of garbage and other waste, and supply running water, reasonable amounts of hot water at all times and reasonable heat.

Iowa Code § 562A.15

• The heat and hot water duty does not apply where the building is not required by law to have them, or where they come from an installation within the tenant's exclusive control supplied by a direct public utility connection. Iowa Code § 562A.15
• The tenant must keep the part of the premises the tenant uses as clean and safe as its condition permits, dispose of waste in a clean and safe manner, use the facilities and appliances reasonably, not deliberately or negligently damage the premises or knowingly let anyone else do so, and not disturb neighbors' peaceful enjoyment. Iowa Code § 562A.17

If you materially fail to comply with the rental agreement, or with your repair duties in a way materially affecting health and safety, the tenant may give written notice specifying the breach and stating that the agreement will end on a date at least seven days after you receive it if the breach is not remedied within seven days. If you deliberately or negligently fail to supply running water, hot water, heat or essential services, the tenant may give written notice and then buy reasonable amounts of them and deduct the actual, reasonable cost from the rent, or pursue the other remedies that section allows.

Iowa Code § 562A.21 Iowa Code § 562A.23

• In an action for possession based on unpaid rent, the tenant has a defense if you failed to comply with the rental agreement or your repair duties, the tenant told you at least seven days before the rent due date that the tenant intended to correct the condition at your expense, the reasonable cost was no more than one month's rent, and the tenant had it corrected in good faith before receiving your written notice of intent to terminate for nonpayment. The amount spent is deducted from the rent claimed. Iowa Code § 562A.27(4) Iowa Code § 562A.15
• None of these remedies is available for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or another person on the premises with the tenant's consent. Iowa Code § 562A.21 Iowa Code § 562A.23 Iowa Code § 562A.27(4)

This page does not state an Iowa rule on locks, rekeying or security devices. The Iowa Code is published only as PDF, and the review this page relies on recorded no rule on the subject, so it is listed as not read.

Iowa's smoke and carbon monoxide alarm sections, Iowa Code 100.18 and 100.31, were not read for this page, so their duties are not stated here.

You may not retaliate by increasing rent, decreasing services, or bringing or threatening an action for possession after the tenant has complained to a government agency about a building or housing code violation materially affecting health and safety, complained to you about a violation of your repair duties, or organized or joined a tenants' union or similar group.

Iowa Code § 562A.36

• A tenant who is retaliated against may recover actual damages and reasonable attorney fees and has a defense in an action for possession. Iowa Code § 562A.36
• A good-faith complaint within one year before the alleged retaliation creates a presumption that your conduct was retaliatory, unless the tenant complained after notice of a proposed rent increase or reduction in services. Evidence that your legitimate costs of owning, maintaining or operating the unit have gone up is a defense to the presumption for a rent increase in line with those costs. Iowa Code § 562A.36
• You may still bring an action for possession when the code violation was caused mainly by lack of reasonable care by the tenant, a household member or a person on the premises with the tenant's consent, when the tenant is behind on rent, or when complying with the code requires alteration, remodeling or demolition that would effectively deprive the tenant of use of the unit. Iowa Code § 562A.36

You may not recover or take possession of the unit by action or otherwise, including by interrupting electric, gas, water or other essential service, except after abandonment or surrender or as chapter 562A permits. This page does not summarize the tenant's remedies for an unlawful ouster, exclusion or diminution of service; they are in Iowa Code 562A.26, which the review this page relies on did not record.

Iowa Code § 562A.33 Iowa Code § 562A.26

Either party may end a month-to-month tenancy by written notice given at least 30 days before the periodic rental date the notice specifies. Either party may end a week-to-week tenancy by written notice given at least 10 days before the termination date the notice specifies.

Iowa Code § 562A.34(2) Iowa Code § 562A.34(1)

• Either party may end a tenancy with a term longer than month to month by written notice given at least 30 days before the end of the first or a later term that the notice specifies. Iowa Code § 562A.34(3)
• Your termination notice must be served in one of the ways section 562A.29A allows. Iowa Code § 562A.29A See Notice for unpaid rent on the Iowa page

Chapter 562A lets a tenant end the rental agreement early when you fail to remedy a material breach within seven days of the tenant's notice, when fire or casualty substantially impairs enjoyment of the unit, or when you enter unlawfully, enter in an unreasonable manner or harass the tenant with repeated demands for entry. If a tenant abandons the unit, you must make reasonable efforts to rent it at a fair rental. Iowa's military lease termination section (29A.101) and the federal servicemember law were not read for this page.

Iowa Code § 562A.21 Iowa Code § 562A.25 Iowa Code § 562A.29 Iowa Code § 562A.35

• After a fire or casualty that substantially impairs enjoyment of the unit, the tenant may vacate immediately and notify you in writing within 14 days of the intent to terminate; the agreement then ends as of the date the tenant vacated. If continued occupancy is lawful, the tenant may instead vacate the unusable part, and the rent is reduced in proportion to the lost fair rental value. Iowa Code § 562A.25
• If the agreement ends because of the casualty, return all prepaid rent and the recoverable deposit. Iowa Code § 562A.25 Iowa Code § 562A.12
• If you rent an abandoned unit for a term beginning before the old agreement would have expired, the old agreement ends when the new tenancy begins. If you do not use reasonable efforts to rent it at a fair rental, or you accept the abandonment as a surrender, it ends as of the date you had notice of the abandonment. Iowa Code § 562A.29 See Abandoned units and property on the Iowa page

If rent is unpaid when due, you may end the rental agreement if the tenant does not pay within three days after your written notice of the nonpayment and of your intention to terminate the agreement if the rent is not paid within that time.

Iowa Code § 562A.27(2)

• Serve the notice by delivery acknowledged in a signed and dated writing by a resident of the unit who is at least 18, by personal service, or by posting it on the primary entrance door and mailing it by both regular and certified mail. First-class mail alone, certified mail alone and electronic delivery are not among the allowed methods. Iowa Code § 562A.29A
• When a notice is posted and mailed, service is complete four days after it is mailed and postmarked, so count the tenant's three days from then. Iowa Code § 562A.29A(2)

For any other material noncompliance with the rental agreement, or a noncompliance with the tenant's upkeep duties materially affecting health and safety, give written notice specifying the acts and omissions and stating that the agreement will end on a date at least seven days after the tenant receives it if the breach is not remedied within seven days. If substantially the same act or omission happens again within six months, you may end the agreement on at least seven days' written notice specifying the breach and the termination date, with no chance to cure.

Iowa Code § 562A.27(1)

• A breach that can be remedied by repairs, paying damages or otherwise does not end the agreement if it is adequately remedied before the termination date in the notice. Iowa Code § 562A.27(1)
• If the tenant, or a person on the premises with the tenant's consent, creates or maintains a threat constituting a clear and present danger to the health or safety of other tenants, you, your employees or agents, or other persons on or within 1,000 feet of the property, you may serve a single three-day written notice of termination and notice to quit. The notice must state the specific activity and set out the language of subsection 3 of that section. Iowa Code § 562A.27A(1) Iowa Code § 562A.27A(3) See Emergency calls and victims on the Iowa page
• Accepting performance that varies from the rental agreement or your rules waives your right to end the agreement for that breach. You may grant a temporary waiver for a set number of days by notice of the breach and of the waiver, given before the tenant acts or fails to act in reliance on it. Iowa Code § 562A.30(1) Iowa Code § 562A.30(2)
• Serve termination notices only in the ways section 562A.29A allows. Iowa Code § 562A.29A See Notice for unpaid rent on the Iowa page

An eviction is an action for forcible entry and detainer under Iowa Code chapter 648, brought in a county where all or part of the premises is located. The court steps are not described here: the review this page relies on recorded only the venue rule from chapter 648, and the small claims chapter was not read.

Iowa Code § 648.5

• Before filing, end the tenancy with the right notice: three days for unpaid rent, seven days to cure other breaches, or three days for a clear and present danger. Iowa Code § 562A.27(2) Iowa Code § 562A.27(1) Iowa Code § 562A.27A See Notice for unpaid rent on the Iowa page
• In a possession or rent case the tenant may raise your noncompliance as a defense, which this page does not summarize beyond the repair defense for unpaid rent. Iowa Code § 562A.24 Iowa Code § 562A.27(4)

A landlord's lien on a tenant's household goods is not enforceable, and distraint (seizing property) for rent is abolished. This page does not state how to handle personal property a tenant leaves behind: the review it relies on recorded no rule for it.

Iowa Code § 562A.31

• When a tenant abandons the unit, you must make reasonable efforts to rent it at a fair rental. Iowa Code § 562A.29 See Ending a lease early on the Iowa page

Iowa's small claims law, Iowa Code chapter 631, was not read for this page, so its dollar limit and procedure are not stated here.

A rental agreement may not provide that either party agrees to pay the other's attorney fees, or agrees to the exculpation or limitation of the other's liability arising under law or to indemnify the other for that liability. A landlord who willfully uses a rental agreement containing a term known to be prohibited owes actual damages, up to three months' rent and reasonable attorney fees.

Iowa Code § 562A.11(1)(c) Iowa Code § 562A.11(1)(d) Iowa Code § 562A.11(3)

• A court may still award attorney fees where a statute provides for them, including to the prevailing party in an action on a rental agreement. Iowa Code § 562A.12(8)
• If you receive USDA rental assistance or HUD housing assistance payments for the unit, you also may not impose a firearm or ammunition restriction in the unit. Iowa Code § 562A.11(2)
• Section 562A.11 lists further prohibited terms that this page does not summarize; read the section before adding any term that waives a tenant's rights. Iowa Code § 562A.11(1)

You may not prohibit or limit the right of a tenant, a family member or another occupant to call law enforcement or emergency help by or for a victim of abuse, a victim of a crime or a person in an emergency, and you may not penalize, evict or threaten to evict for it. A waiver of this right is void, and a tenant whose right is violated may recover a civil penalty of one month's rent, actual damages, reasonable attorney fees, court costs and injunctive relief; you may still end or refuse to renew a tenancy on other grounds.

Iowa Code § 562A.27B

• A clear and present danger termination does not apply to a tenant when someone else conducts the activity and the tenant seeks a protective or similar order, reports the activity to law enforcement or the county attorney in an effort to start a criminal action, or writes to the person not to return (warning that a return may lead to a trespass or other action) and sends a copy to a law enforcement agency whose jurisdiction includes the premises, and the tenant gives you written proof of that measure before a suit is started against the tenant. Iowa Code § 562A.27A(3)
• If the tenant wrote such a letter before without also seeking an order, reporting the activity or filing a trespass or other action, and the person again causes a clear and present danger, the tenant must seek an order or report the activity to stay exempt. Iowa Code § 562A.27A(3)

Iowa Code 364.3(9) bars a city from limiting rent for privately owned residential or commercial property. Iowa Code 331.304(10) places the same limit on counties. Each provision preserves authority to manage and control residential property in which that city or county has a property interest.

Iowa Code 364.3(9) Iowa Code 331.304(10)

• These limits on local rent regulation do not remove the written rent-increase notice, lease-term or retaliation protections described above. Check property-specific assistance and program requirements before choosing an amount or effective date. No city or county code or housing-program rules were reviewed for this addition. Iowa Code 562A.13(5) and 562A.36