Iowa State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can navigate these with ease.

This article is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in your area. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules, Regulations, and Guide

Iowa Code §§ 562A – Iowa Uniform Residential Landlord and Tenant Act
Iowa Code §§ 614.1 – Limitation of Actions
Legislative Guide to Landlord-Tenant Law – Iowa Legislative Services Agency (pdf)

Details

Security Deposit:

Security Deposit Maximum: No more than two months rent. (§§ 562A.12(1))
Security Deposit Interest: Any interest earned on a rental deposit during the first five years of a tenancy is the property of the landlord. (§§ 562A.12(2))
Separate Security Deposit Bank Account: Deposits shall be held in a federally insured bank or other financial institution and cannot be commingled with the landlord’s personal funds. (§§ 562A.12(2))
Pet Deposits: No statute
Non-Refundable Fees: No statute
Deadline for Returning Security Deposit: 30 days from the date of the tenant’s move-out date and the receipt of the tenant’s mailing address and/or delivery instructions. (§§ 562A.12(3)(a))
Permitted Uses of the Deposit:
To cover unpaid rent or other funds due to the landlord;
To restore the unit to the condition it was in at the beginning of the tenancy, except for ordinary wear and tear;
To recover expenses incurred in acquiring possession of the premises from a tenant who does not act in good faith in failing to surrender and vacate the premises upon noncompliance with the rental agreement and proper notification of such noncompliance. (§§ 562A.12(3)(a))
Require Written Description/Itemized List of Damages and Charges: Yes, a written statement showing specific reasons for withholding any portion of the security deposit must be given to the tenant within 30 days of move-out. (§ 562A.12(3)(a))
Record Keeping of Deposit Withholdings: In lawsuits concerning the security deposit, the landlord must prove with a “preponderance of evidence” the reason for withholding all or any portion of the deposit. (§§ 562A.12(3)(b))
Receipt of Deposit: No statute
Failure to Comply: If, within 30 days, the landlord fails to provide a written statement of deposit withholdings, the landlord forfeits the right to withhold any portion of the deposit. The tenant is considered to have forfeited any right to the deposit if the tenant does not provide a mailing address or delivery instructions to the landlord within one year from the termination of the tenancy, and in such cases, the deposit reverts to the landlord.. If the landlord keeps the deposit in bad faith, the landlord is liable for punitive damages up to twice the monthly rent plus actual damages. (§§ 562A.12(4) and (7))

Lease, Rent & Fees:

Rent Is Due: Rent is due at the beginning of any term of one month or less unless an alternative agreement is made in the lease. Rent is apportioned day-to-day, unless agreed otherwise. (§§ 562A.9(3))
Rent Increase Notice: At least 30 days written notice is required before the effective date of a rent increase. That effective date shall not be sooner than the expiration date of the original rental agreement or any renewal or extension. (§§ 562A.13(5))
Rent Grace Period: No statute
Late Fees: If the rent is $700 or less per month, a late fee of up to $12 per day or a total amount of $60 per month, may be charged. If the rent is more than $700 per month, a late fee of up to $20 per day, or a total of $100 per month, may be charged. (§§ 562A.9(4))
Prepaid Rent: No statute
Returned Check Fees: Not to exceed $30 (§§ 554.3512)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Allowed. If the landlord sues to evict for nonpayment of rent, the tenant may use as a defense the landlord’s noncompliance with the rental agreement or statutory landlord duties. The tenant must show that the tenant gave notice to the landlord, seven days before the rent due date, expressing an intention to “correct the condition constituting the breach.” The tenant must also show that the costs of any such correction or repairs are equal to or less than one month’s rent and that the correction was made before receiving any written notice from the landlord that the rental agreement is terminated due to nonpayment of rent. (§§ 562A.27(4) and §§ 562A.24)
Tenant Allowed to Repair and Deduct Rent: Yes. If the landlord fails to supply essential services, the tenant may, after giving written notice, procure reasonable amounts of essential services and deduct the cost from the rent. See the statute for other provisions and remedies. (§§ 562A.23)
Landlord Allowed to Recover Court and Attorney Fees: In any lawsuit over a rental agreement, the court may award reasonable attorney fees to the prevailing party. The rental agreement may not include a requirement that either party pay the other’s attorney fees. In eviction cases, the landlord may recover actual damages and reasonable attorney fees. (§§ 562A.12(8), §§ 562A.11(1)(c), and §§ 562A.34(4))
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: Yes (see §§ 562A.4(1) and §§ 562A.29(3)).
Abandonment/Early Termination Fee: No statute

Notices and Entry:

Notice to Terminate Tenancy – Fixed End Date in Lease: Notice not required as the lease simply ends.
Notice to Terminate Tenancy – Yearly Lease with No End Date: Either the landlord or the tenant may terminate a tenancy that has a term longer than month-to-month by giving written notice at least 30 days before the end of the first or subsequent term of the tenancy, as specified in the notice. (§§ 562A.34(3))
Notice to Terminate Tenancy – Month-to-Month Lease: Either the landlord or the tenant may terminate a month-to-month tenancy by giving written notice at least 30 days before the periodic rental date. (§§ 562A.34(2))
Notice to Terminate Tenancy – Week-to-Week Lease: Either the landlord or the tenant may terminate a week-to-week tenancy by giving written notice at least 10 days before the termination date. (§§ 562A.34(1))
Termination of Tenancy for Creating a Clear and Present Danger to Others: Three days’ written notice of termination and notice to quit is required. The notice must state the specific activity causing the clear and present danger. The tenant has the opportunity to contest the termination in court. (§§ 562A.27(1) and (2))
Notice of Date/Time of Move-Out Inspection: No statute
Notice of Termination for Nonpayment: Three days written notice (§§ 562A.27(2))
Termination for Lease Violation: Seven days notice. The notice must specify the violation. (§§ 562A.27(1))
Unconditional Termination for Lease Violation: If a similar violation occurs within six months of a previous notice that the tenant remedied, the landlord can unconditionally terminate the agreement with seven days’ notice. (§§ 562A.27(1))
Required Notice before Entry: At least 24 hours’ notice is required, and entry is allowed only at reasonable times. (§§ 562A.19(3))
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (§§ 562A.19(1))
Entry Allowed with Notice for Showings: Yes (§§ 562A.19(1))
Emergency Entry Allowed without Notice: Yes (§§ 562A.19 A(2))
Entry Allowed During Tenant’s Extended Absence: Entry is allowed if the tenant has abandoned or surrendered the premises, and when reasonably necessary if the tenant is absent for longer than 14 days. he rental agreement may require the tenant to notify the landlord of any anticipated extended absence no later than the first day of the absence. (§§ 562A.19(4) and §§ 562A.20 and §§ 562A.29(2))
Notice to Tenants for Pesticide Use: No statute
Lockouts Allowed: No. See §§ 562A.26 and §§ 562A.33 for remedies.
Utility Shut-offs Allowed: No. See §§ 562A.26 and §§ 562A.33 for remedies.

Disclosures and Miscellaneous Notes:

Name and Addresses: The landlord shall provide the tenant in writing before the start of the tenancy the name and address of the person authorized to manage the premises, as well as the unit’s owner or other person authorized to act on behalf of the owner. (§§ 562A.13)
Utility Rates: The landlord or authorized property manager shall fully explain utility rates, charges, and services to the prospective tenant before the rental agreement is signed unless the tenant directly pays for utilities. (§§ 562A.13(4))
Environmental Liability: The landlord or authorized property manager shall disclose in writing to each tenant before the start of the tenancy whether the property is listed in the comprehensive environmental response compensation and liability information system maintained by the Federal Environmental Protection Agency. (§§ 562A.13(6))
Copy of the Lease: No statute
Domestic Violence Situations:
- Proof of Status: The landlord is entitled to verify a tenant’s claim of domestic violence status.
- Protection from Termination: The landlord cannot terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement with a victim of domestic violence. (§§ 562A.27A(3))
Landlord’s Duties: (§§ 562A.15)
- Compliance: Comply with the requirements of applicable building and housing codes affecting health and safety;
- Repairs: Make all repairs and do whatever is necessary to keep the unit in a fit and habitable condition;
- Common Areas: Keep all common areas of the rental unit in a clean and safe condition;
- Maintenance: Maintain in good and safe working condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied;
- Trash: Provide appropriate receptacles, accessible to all tenants, for collecting and removing waste;
- Heat: Supply running water and reasonable amounts of hot water at all times. Reasonable heat must be provided between October 1 and May 1, except if the building the rental unit is located in is not required by law, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
Tenant’s Duties: (§§ 562A.17)
- Compliance: Comply with all obligations imposed on tenants by applicable provisions of building and housing codes affecting health and safety;
- Cleanliness: Keep the premises as clean and safe as the condition of the unit permits;
- Trash: Dispose of all garbage and other waste “cleanly and safely”;
- Plumbing: Keep all plumbing fixtures in the unit or used by the tenant as clean as their condition permits;
- Appliances: Reasonably use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities;
- Lawful Activity: Do not deliberately or negligently destroy, damage, or remove any part of the rental unit or knowingly permit any person to do so; and
- Quiet Enjoyment: Conduct themselves and require other persons on the premises with tenant consent to conduct themselves in a manner that does not disturb neighbors’ peaceful enjoyment of the premises.
Retaliation: Landlord must not terminate, refuse to renew a lease, or increase the rent to a tenant who has filed an official complaint to a government agency or has been involved in a tenant’s organization. Such actions within one year of a good-faith complaint will be considered retaliatory. Other actions are prohibited. Read §§ 562A.36 for more information.
Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Iowa Small Claims Court
- Limits: $5,000
- Eviction Cases Allowed in Small Claims: Yes, but also in district court (§§ 648.5)
- Guide to Small Claims Court in Iowa
- Iowa District Courts
Statute of Limitations
- Written Contracts: 10 years (§§ 614.1(5))
- Oral Contracts: 5 years (§§ 614.1(4))
Iowa Judicial Branch
Iowa Attorney General
Iowa State Bar Association
Legal Aid:

Business Licenses:

Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

Helpful Links

State Agencies & Regulatory Bodies

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