Contrato de arrendamiento de alquiler residencial
TITLE XIV PROPERTY
SUBTITLE 2 REAL PROPERTY--GIFTS
CHAPTER 562A
UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW
ARTICLE I
GENERAL PROVISIONS AND DEFINITIONS
PART 1
SHORT TITLE, CONSTRUCTION, APPLICATION,
AND SUBJECT MATTER OF THE ACT
Short title:
This chapter shall be known and may be cited as the "Uniform Residential
Landlord and Tenant Act". Sec.562A.1
Section History: Early form
[C79, 81, § 562A.1]
Purposes--rules of construction:
1. This chapter shall be liberally construed and applied
to promote its underlying purposes andpolicies.
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 insure that the right to the receipt of rent is inseparable
from the duty to maintain the premises.
Sec. 562A.2
Section History: Early form
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. Sec. 562A.3
Section History: Early form
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. Sec. 562A.4
Section History: Early form
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.
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 co-operative.
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.
Sec. 562A.5
Section History: Early form
Section History: Recent form
95 Acts, ch 125, §2
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. "Reasonable attorney's 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.
9. "Rent" means a payment to be made to the landlord under
the rental agreement.
10. "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.
11. "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.
12. "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.
13. "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.
14. "Tenant" means a person entitled under a rental agreement
to occupy a dwelling unit to the exclusion of another.
15. "Transitional housing" means temporary or nonpermanent
housing. Sec. 562A.6
Section History: Early form
Section History: Recent form 95 Acts, ch 125, §3
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.
Sec. 562A.7
Section History: Early form
Notice:
A person "notifies" or "gives" a notice or notification
to another by taking steps reasonably calculated to inform the other in
ordinary course whether or not the other actually comes to know of it.
In the case of the landlord, notice is received when it comes to the landlord's
attention or when it is delivered in hand or mailed by certified mail or
restricted certified mail, as defined in section 618.15, whether or not
the landlord signs a receipt for the notice, to the place of business of
the landlord through which the rental agreement was made or at a place
held out by the landlord as the place for receipt of the communication
or delivered to any individual who is designated as an agent of the landlord.
In the case of the tenant, notice is received when it comes to the tenant's
attention or when it is delivered in hand to the tenant or mailed by certified
mail or restricted certified mail, as defined in section 618.15, whether
or not the tenant signs a receipt for the notice, to such person at the
place held out by such person as the place for receipt of the communication,
or in the absence of such designation, to such person's last known place
of residence.
Any notice required under this chapter, except
a written notice of termination required by section 562A.27, subsection
1 or 2, a notice of termination and notice to quit under section 562A.27A,
a notice to quit as required by section 648.3, or a petition for forcible
entry and detainer pursuant to chapter 648, shall be deemed legally sufficient
notice if made by posting at or delivering to the dwelling unit. The date
of posting of the notice shall be written on the notice. Sec. 562A.8
Section History: Early form
Section History: Recent form 96 Acts, ch 1203, § 1, 2; 99
Acts, ch 155, §5, 14
Computation of time:
The calculation of all time periods required
under this chapter shall be made in accordance with section 4.1, subsection
34. Sec. 562A.8A Section History: Recent form 99 Acts, ch 155, §6,
14
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. 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. Sec. 562A.9
Section History: Early form
Internal References Referred to in § 562A.34
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. Sec. 562A.10
Section History: Early form
Prohibited provisions in rental agreements:
1. A rental agreement shall not provide that the tenant or
landlord:
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; or
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 costs connected therewith.
2. A provision prohibited by subsection 1 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's fees. Sec. 562A.11
Section History: Early form
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 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:
a. To remedy a tenant's default in the payment of rent or
of other funds due to the landlord pursuant to the rental agreement.
b. To restore the dwelling unit to its condition at the commencement
of the tenancy, ordinary wear and tear excepted.
c. 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 notification of such noncompliance pursuant to this chapter.
In an action concerning the rental deposit, the burden of proving, by a
preponderance of the evidence, the reason for withholding all or any portion
of the rental deposit shall be on the landlord.
4. A landlord who fails to provide a written statement within
thirty days of termination of the tenancy and receipt of the tenant's mailing
address or delivery instructions shall forfeit all rights to withhold any
portion of the rental deposit. If no mailing address or instructions are
provided to the landlord within one year from the termination of the tenancy
the rental deposit shall revert to the landlord and the tenant will be
deemed to have forfeited all rights to the rental deposit.
5. Upon termination of a landlord's interest in the dwelling
unit, the landlord or an agent of the landlord shall, within a reasonable
time, transfer the rental deposit, or any remainder after any lawful deductions
to the landlord's successor in interest and notify the tenant of the transfer
and of the transferee's name and address or return the deposit, or any
remainder after any lawful deductions to the tenant.
Upon the termination of the landlord's interest in the dwelling
unit and compliance with the provisions of this subsection, the landlord
shall be relieved of any further liability with respect to the rental deposit.
6. Upon termination of the landlord's interest in the dwelling
unit, the landlord's successor in interest shall have all the rights and
obligations of the landlord with respect to the rental deposits, except
that if the tenant does not object to the stated amount within twenty days
after written notice to the tenant of the amount of rental deposit being
transferred or assumed, the obligations of the landlord's successor to
return the deposit shall be limited to the amount contained in the notice.
The notice shall contain a stamped envelope addressed to landlord's successor
and may be given by mail or by personal service.
7. The bad faith retention of a deposit by a landlord, or
any portion of the rental deposit, in violation of this section shall subject
the landlord to punitive damages not to exceed two hundred dollars in addition
to actual damages.
8. The court may, in any action on a rental agreement, award
reasonable attorney fees to the prevailing party. Sec. 562A.12
Section History: Early form
Section History: Recent form 93 Acts, ch 154, §13
Internal References Referred to in § 562A.21, 562A.25
Disclosure:
1. The landlord or a person authorized to enter into a rental
agreement on behalf of the landlord shall disclose to the tenant in writing
at or before the commencement of the tenancy the name and address of:
a. The person authorized to manage the premises.
b. An owner of the premises or a person authorized to act
for and on behalf of the owner for the purpose of service of process and
for the purpose of receiving and receipting for notices and demands.
2. The information required to be furnished by this section
shall be kept current and this section extends to and is enforceable against
a successor landlord, owner, or manager.
3. A person who fails to comply with subsection 1 becomes
an agent of each person who is a landlord for the purpose of:
a. Service of process and receiving and receipting for notices
and demands.
b. Performing the obligations of the landlord under this chapter
and under the rental agreement and expending or making available for that
purpose all rent collected from the premises.
4. The landlord or any person authorized to enter into a
rental agreement on the landlord's behalf shall fully explain utility rates,
charges and services to the prospective tenant before the rental agreement
is signed unless paid by the tenant directly to the utility company.
5. Each tenant shall be notified, in writing, of any rent
increase at least thirty days before the effective date. Such effective
date shall not be sooner than the expiration date of original rental agreement
or any renewal or extension thereof. Sec. 562A.13
Section History: Early form
Internal References Referred to in § 562A.6
Landlord to supply possession of dwelling unit:
At the commencement of the term, the landlord
shall deliver possession of the premises to the tenant in compliance with
the rental agreement and section 562A.15. The landlord may bring an action
for possession against a person wrongfully in possession and may recover
the damages provided in section 562A.34, subsection 3. Sec. 562A.14
Section History: Early form
Internal References Referred to in § 562A.22
Landlord to maintain fit premises:
1. The landlord shall:
a. Comply with the requirements of applicable building and
housing codes materially affecting health and safety.
b. Make all repairs and do whatever is necessary to put and
keep the premises in a fit and habitable condition.
c. Keep all common areas of the premises in a clean and safe
condition. The landlord shall not be liable for any injury caused by any
objects or materials which belong to or which have been placed by a tenant
in the common areas of the premises used by the tenant.
d. Maintain in good and safe working order and condition all
electrical, plumbing, sanitary, heating, ventilating, air-conditioning,
and other facilities and appliances, including elevators, supplied or required
to be supplied by the landlord.
e. Provide and maintain appropriate receptacles and conveniences,
accessible to all tenants, for the central collection and removal of ashes,
garbage, rubbish, and other waste incidental to the occupancy of the dwelling
unit and arrange for their removal.
f. Supply running water and reasonable amounts of hot water
at all times and reasonable heat, except where the building that includes
the dwelling unit is not required by law to be equipped for that purpose,
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.
If the duty imposed by paragraph "a" of this subsection is greater
than a duty imposed by another paragraph of this subsection, the landlord's
duty shall be determined by reference to paragraph "a" of this subsection.
2. The landlord and tenant of a single family residence may
agree in writing that the tenant perform the landlord's duties specified
in paragraphs "e" and "f" of subsection 1 and also specified repairs, maintenance
tasks, alterations, and remodeling, but only if the transaction is entered
into in good faith.
3. The landlord and tenant of a dwelling unit other than a
single family residence may agree that the tenant is to perform specified
repairs, maintenance tasks, alterations, or remodeling only:
a. If the agreement of the parties is entered into in good
faith and is set forth in a separate writing signed by the parties and
supported by adequate consideration;
b. If the agreement does not diminish or affect the obligation
of the landlord to other tenants in the premises.
4. The landlord shall not treat performance of the separate
agreement described in subsection 3 as a condition to an obligation or
performance of a rental agreement. Sec. 562A.15
Section History: Early form
Internal References Referred to in § 562A.14, 562A.21,
562A.23, 562A.27, 562A.36
Limitation of liability:
1. Unless otherwise agreed, a landlord, who conveys premises
that include a dwelling unit subject to a rental agreement in a good faith
sale to a bona fide purchaser, is relieved of liability under the rental
agreement and this chapter as to events occurring subsequent to written
notice to the tenant of the conveyance.
2. A manager of premises that includes a dwelling unit is
relieved of liability under the rental agreement and this chapter as to
events occurring after written notice to the tenant of the termination
of the person's management. Sec. 562A.16
Section History: Early form
Tenant to maintain dwelling unit:
The tenant shall:
1. Comply with all obligations primarily imposed upon tenants
by applicable provisions of building and housing codes materially affecting
health and safety.
2. Keep that part of the premises that the tenant occupies
and uses as clean and safe as the condition of the premises permit.
3. Dispose from the tenant's dwelling unit all ashes, rubbish,
garbage, and other waste in a clean and safe manner.
4. Keep all plumbing fixtures in the dwelling unit or used
by the tenant as clean as their condition permits.
5. Use in a reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning and other facilities and appliances
including elevators in the premises.
6. Not deliberately or negligently destroy, deface, damage,
impair or remove a part of the premises or knowingly permit a person to
do so.
7. Act in a manner that will not disturb a neighbor's peaceful
enjoyment of the premises. Sec. 562A.17
Section History: Early form
Internal References
Referred to in § 562A.27, 562A.28
Rules:
A landlord, from time to time, may adopt rules,
however described, concerning the tenant's use and occupancy of the premises.
A rule is enforceable against the tenant only if it is written and if:
1. Its purpose is to promote the convenience, safety, or
welfare of the tenants in the premises, preserve the landlord's property
from abusive use, or make a fair distribution of services and facilities
held out for the tenants generally.
2. It is reasonably related to the purpose for which it is
adopted.
3. It applies to all tenants in the premises in a fair manner.
4. It is sufficiently explicit in its prohibition, direction,
or limitation of the tenant's conduct to fairly inform the tenant of what
the tenant must or must not do to comply.
5. It is not for the purpose of evading the obligations of
the landlord.
6. The tenant has notice of it at the time the tenant enters
into the rental agreement.
A rule adopted after the tenant enters into the rental agreement
is enforceable against the tenant if reasonable notice of its adoption
is given to the tenant and it does not work a substantial modification
of the rental agreement. Sec. 562A.18
Section History: Early form
Internal References Referred to in § 562A.6
Access:
1. The tenant shall not unreasonably withhold consent to
the landlord to enter into the dwelling unit in order to inspect the premises,
make necessary or agreed repairs, decorations, alterations, or improvements,
supply necessary or agreed services, or exhibit the dwelling unit to prospective
or actual purchasers, mortgagees, tenants, workers, or contractors.
2. The landlord may enter the dwelling unit without consent
of the tenant in case of emergency.
3. The landlord shall not abuse the right of access or use
it to harass the tenant. Except in case of emergency or if it is impracticable
to do so, the landlord shall give the tenant at least twenty-four hours'
notice of the landlord's intent to enter and enter only at reasonable times.
4. The landlord does not have another right of access except
by court order, and as permitted by sections 562A.28 and 562A.29, or if
the tenant has abandoned or surrendered the premises. Sec. 562A.19
Section History: Early form
Tenant to use and occupy:
Unless otherwise agreed, the tenant shall occupy
the dwelling unit only as a dwelling unit and uses incidental thereto.
The rental agreement may require that the tenant notify the landlord of
an anticipated extended absence from the premises not later than the first
day of the extended absence. Sec. 562A.20
Section History: Early form
Internal References Referred to in § 562A.29
Noncompliance by the landlord--in general:
1. Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement or a noncompliance
with section 562A.15 materially affecting health and safety, the tenant
may elect to commence an action under this section and shall deliver a
written notice to the landlord specifying the acts and omissions constituting
the breach and that the rental agreement will terminate upon a date not
less than seven days after receipt of the notice if the breach is not remedied
in seven days, and the rental agreement shall terminate and the tenant
shall surrender as provided in the notice subject to the following:
a. If the breach is remediable by repairs or the payment
of damages or otherwise, and if the landlord adequately remedies the breach
prior to the date specified in the notice, the rental agreement shall not
terminate.
b. If substantially the same act or omission which constituted
a prior noncompliance of which notice was given recurs within six months,
the tenant may terminate the rental agreement upon at least seven days'
written notice specifying the breach and the date of termination of the
rental agreement unless the landlord has exercised due diligence and effort
to remedy the breach which gave rise to the noncompliance.
c. The tenant may not terminate for a condition caused by
the deliberate or negligent act or omission of the tenant, a member of
the tenant's family, or other person on the premises with the tenant's
consent.
2. Except as provided in this chapter, the tenant may recover
damages and obtain injunctive relief for any noncompliance by the landlord
with the rental agreement or section 562A.15 unless the landlord demonstrates
affirmatively that the landlord has exercised due diligence and effort
to remedy any noncompliance, and that any failure by the landlord to remedy
any noncompliance was due to circumstances reasonably beyond the control
of the landlord. If the landlord's noncompliance is willful the tenant
may recover reasonable attorney's fees.
3. The remedy provided in subsection 2 is in addition to any
right of the tenant arising under subsection 1.
4. If the rental agreement is terminated, the landlord shall
return all prepaid rent and security recoverable by the tenant under section
562A.12. Sec. 562A.21
Section History: Early form
Section History: Recent form 95 Acts, ch 125, §4, 5
Internal References Referred to in § 562A.23, 562A.36
Failure to deliver possession:
1. If the landlord fails to deliver possession of the dwelling
unit to the tenant as provided in section 562A.14, rent abates until possession
is delivered and the tenant shall:
a. Upon at least five days' written notice to the landlord,
terminate the rental agreement and upon termination the landlord shall
return all prepaid rent and security; or
b. Demand performance of the rental agreement by the landlord
and, if the tenant elects, maintain an action for possession of the dwelling
unit against the landlord or a person wrongfully in possession and recover
the damages sustained by the tenant.
2. If a landlord's failure to deliver possession is willful
and not in good faith, a tenant may recover from the landlord the actual
damages sustained by the tenant and reasonable attorney's fees. Sec.
562A.22
Section History: Early form
Wrongful failure to supply heat, water, hot water or essential
services:
1. If contrary to the rental agreement or section 562A.15
the landlord deliberately or negligently fails to supply running water,
hot water, or heat, or essential services, the tenant may give written
notice to the landlord specifying the breach and may:
a. Procure reasonable amounts of hot water, running water,
heat and essential services during the period of the landlord's noncompliance
and deduct their actual and reasonable cost from the rent;
b. Recover damages based upon the diminution in the fair rental
value of the dwelling unit; or
c. Recover any rent already paid for the period of the landlord's
noncompliance which shall be reimbursed on a pro rata basis.
2. If the tenant proceeds under this section, the tenant may
not proceed under section 562A.21 as to that breach.
3. The rights under this section do not arise until the tenant
has given notice to the landlord or if the condition was caused by the
deliberate or negligent act or omission of the tenant, a member of the
tenant's family, or other person on the premises with the consent of the
tenant. Sec. 562A.23
Section History: Early form
Landlord's noncompliance as defense to action for possession
or rent:
1. In an action for possession based upon nonpayment of the
rent or in an action for rent where the tenant is in possession, the tenant
may counterclaim for an amount which the tenant may recover under the rental
agreement or this chapter. In that event the court from time to time may
order the tenant to pay into court all or part of the rent accrued and
thereafter accruing, and shall determine the amount due to each party.
The party to whom a net amount is owed shall be paid first from the money
paid into court, and the balance by the other party. If rent does not remain
due after application of this section, judgment shall be entered for the
tenant in the action for possession. If the defense or counterclaim by
the tenant is without merit and is not raised in good faith the landlord
may recover reasonable attorney's fees.
2. In an action for rent where the tenant is not in possession,
the tenant may counterclaim as provided in subsection 1, but the tenant
is not required to pay any rent into court. Sec. 562A.24
Section History: Early form
Internal References Referred to in § 648.19
Fire or casualty damage:
1. If the dwelling unit or premises are damaged or destroyed
by fire or casualty to an extent that enjoyment of the dwelling unit is
substantially impaired, the tenant may:
a. Immediately vacate the premises and notify the landlord
in writing within fourteen days of the tenant's intention to terminate
the rental agreement, in which case the rental agreement terminates as
of the date of vacating; or
b. If continued occupancy is lawful, vacate a part of the
dwelling unit rendered unusable by the fire or casualty, in which case
the tenant's liability for rent is reduced in proportion to the diminution
in the fair rental value of the dwelling unit.
2. If the rental agreement is terminated, the landlord shall
return all prepaid rent and security recoverable under section 562A.12.
Accounting for rent in the event of termination or apportionment is to
occur as of the date of the casualty. Sec. 562A.25
Section History: Early form
Tenant's remedies for landlord's unlawful ouster, exclusion,
or diminution of service: If the landlord unlawfully removes
or excludes the tenant from the premises or willfully diminishes services
to the tenant by interrupting or causing the interruption of electric,
gas, water or other essential service to the tenant, the tenant may recover
possession or terminate the rental agreement and, in either case, recover
the actual damages sustained by the tenant and reasonable attorney's fees.
If the rental agreement is terminated, the landlord shall return all prepaid
rent and security. Sec. 562A.26 Section History: Early form
[C79, 81, § 562A.26]
Noncompliance with rental agreement--failure to pay rent:
1. Except as provided in this chapter, if there is a material
noncompliance by the tenant with the rental agreement or a noncompliance
with section 562A.17 materially affecting health and safety, the landlord
may deliver a written notice to the tenant specifying the acts and omissions
constituting the breach and that the rental agreement will terminate upon
a date not less than seven days after receipt of the notice if the breach
is not remedied in seven days, and the rental agreement shall terminate
as provided in the notice subject to the provisions of this section. If
the breach is remediable by repairs or the payment of damages or otherwise
and the tenant adequately remedies the breach prior to the date specified
in the notice, the rental agreement shall not terminate. If substantially
the same act or omission which constituted a prior noncompliance of which
notice was given recurs within six months, the landlord may terminate the
rental agreement upon at least seven days' written notice specifying the
breach and the date of termination of the rental agreement.
2. If rent is unpaid when due and the tenant fails to pay
rent within three days after written notice by the landlord of nonpayment
and the landlord's intention to terminate the rental agreement if the rent
is not paid within that period of time, the landlord may terminate the
rental agreement.
3. Except as provided in this chapter, the landlord may recover
damages and obtain injunctive relief for noncompliance by the tenant with
the rental agreement or section 562A.17 unless the tenant demonstrates
affirmatively that the tenant has exercised due diligence and effort to
remedy any noncompliance, and that the tenant's failure to remedy any noncompliance
was due to circumstances beyond the tenant's control. If the tenant's noncompliance
is willful, the landlord may recover reasonable attorney's fees.
4. In any action by a landlord for possession based upon nonpayment
of rent, proof by the tenant of the following shall be a defense to any
action or claim for possession by the landlord, and the amounts expended
by the claimant in correcting the deficiencies shall be deducted from the
amount claimed by the landlord as unpaid rent:
a. That the landlord failed to comply either with the rental
agreement or with section 562A.15; and
b. That the tenant notified the landlord at least seven days
prior to the due date of the tenant's rent payment of the tenant's intention
to correct the condition constituting the breach referred to in paragraph
"a" at the landlord's expense; and
c. That the reasonable cost of correcting the condition constituting
the breach is equal to or less than one month's periodic rent; and
d. That the tenant in good faith caused the condition constituting
the breach to be corrected prior to receipt of written notice of the landlord's
intention to terminate the rental agreement for nonpayment of rent.
Sec. 562A.27
Section History: Early form
Section History: Recent form
95 Acts, ch 125, §6, 7
Internal References Referred to in § 562A.8, 562A.27A,
562A.29A, 562A.32, 648.3
Termination for creating a clear and present danger to others:
1. Notwithstanding section 562A.27 or 648.3, if a tenant
has created or maintained a threat constituting a clear and present danger
to the health or safety of other tenants, the landlord, the landlord's
employee or agent, or other persons on or within one thousand feet of the
landlord's property, the landlord, after a single three days' written notice
of termination and notice to quit, may file suit against the tenant for
recovery of possession of the premises pursuant to chapter 648, except
as otherwise provided in subsection 3. The petition shall state the incident
or incidents giving rise to the notice of termination and notice to quit.
The tenant shall be given the opportunity to contest the termination in
the court proceedings by notice thereof at least three days prior to the
hearing.
2. A clear and present danger to the health or safety of other
tenants, the landlord, the landlord's employees or agents, or other persons
on or within one thousand feet of the landlord's property includes, but
is not limited to, any of the following activities of the tenant or of
any person on the premises with the consent of the tenant:
a. Physical assault or the threat of physical assault.
b. Illegal use of a firearm or other weapon, the threat to
use a firearm or other weapon illegally, or possession of an illegal firearm.
c. Possession of a controlled substance unless the controlled
substance was obtained directly from or pursuant to a valid prescription
or order by a licensed medical practitioner while acting in the course
of the practitioner's professional practice. This paragraph applies to
any other person on the premises with the consent of the tenant, but only
if the tenant knew of the possession by the other person of a controlled
substance.
3. This section shall not apply to a tenant if the activities
causing the clear and present danger, as defined in subsection 2, are conducted
by a person on the premises other than the tenant and the tenant takes
at least one of the following measures against the person conducting the
activities:
a. The tenant seeks a protective order, restraining order,
order to vacate the homestead, or other similar relief pursuant to chapter
236, 598, or 915, or any other applicable provision which would apply to
the person conducting the activities causing the clear and present danger.
b. The tenant reports the activities causing the clear and
present danger to a law enforcement agency or the county attorney in an
effort to initiate a criminal action against the person conducting the
activities.
c. The tenant writes a letter to the person conducting the
activities causing the clear and present danger, telling the person not
to return to the premises and that a return to the premises may result
in a trespass or other action against the person, and the tenant sends
a copy of the letter to a law enforcement agency whose jurisdiction includes
the premises. If the tenant has previously written a letter to the person
as provided in this paragraph, without taking an action specified in paragraph
"a" or "b" or filing a trespass or other action, and the person to whom
the letter was sent conducts further activities causing a clear and present
danger, the tenant must take one of the actions specified in paragraph
"a" or "b" to be exempt from proceedings pursuant to subsection 1.
However, in order to fall within the exemptions provided within
this subsection, the tenant must provide written proof to the landlord,
prior to the commencement of a suit against the tenant, that the tenant
has taken one of the measures specified in paragraphs "a" through "c".
Sec. 562A.27A
Section History: Recent form
92 Acts, ch 1211, § 1;
95 Acts, ch 125, §8, 9; 98 Acts, ch 1090, §71, 84
Internal References
Referred to in § 562A.8, 562A.29A
Failure to maintain:
If there is noncompliance by the tenant with
section 562A.17, materially affecting health and safety, that can be remedied
by repair or replacement of a damaged item or cleaning, and the tenant
fails to comply as promptly as conditions require in case of emergency
or within seven days after written notice by the landlord specifying the
breach and requesting that the tenant remedy it within that period of time,
the landlord may enter the dwelling unit and cause the work to be done
in a competent manner and submit an itemized bill for the actual and reasonable
cost or the fair and reasonable value of it as rent on the next date when
periodic rent is due, or if the rental agreement has terminated, for immediate
payment. Sec. 562A.28
Section History: Early form
Section History: Recent form
85 Acts, ch 67, §50; 95 Acts, ch 125, §10
Internal References
Referred to in § 562A.19
Remedies for absence, nonuse and abandonment:
1. If the rental agreement requires the tenant to give notice
to the landlord of an anticipated extended absence as provided in section
562A.20, and the tenant willfully fails to do so, the landlord may recover
actual damages from the tenant.
2. During an absence of the tenant in excess of fourteen days,
the landlord may enter the dwelling unit at times reasonably necessary.
3. If the tenant abandons the dwelling unit, the landlord
shall make reasonable efforts to rent it at a fair rental. If the landlord
rents the dwelling unit for a term beginning prior to the expiration of
the rental agreement, it is deemed to be terminated as of the date the
new tenancy begins. The rental agreement is deemed to be terminated by
the landlord as of the date the landlord has notice of the abandonment,
if the landlord fails to use reasonable efforts to rent the dwelling unit
at a fair rental or if the landlord accepts the abandonment as a surrender.
If the tenancy is from month-to-month, or week-to-week, the term of the
rental agreement for this purpose shall be deemed to be a month or a week,
as the case may be. Sec. 562A.29
Section History: Early form
Internal References
Referred to in § 562A.19
Method of notice and service of process:
Notwithstanding sections 631.4 and 648.5, the
written notice of termination required by section 562A.27, subsection 1
or 2, a notice of termination and notice to quit under section 562A.27A,
a notice to quit as required by section 648.3, or a petition for forcible
entry and detainer pursuant to chapter 648, may be served upon the tenant
in any of the following ways:
1. By personal service.
2. By sending notice by certified or restricted certified
mail, as defined in section 618.15, whether or not the tenant signs a receipt
for the notice. Sec. 562A.29A
Section History: Recent form
92 Acts, ch 1211, § 2; 96 Acts,
ch 1203, § 3; 99 Acts, ch 155, §7, 14
Waiver of landlord's right to terminate:
Acceptance of performance by the tenant that
varies from the terms of the rental agreement or rules subsequently adopted
by the landlord constitutes a waiver of the landlord's right to terminate
the rental agreement for that breach, unless otherwise agreed after the
breach has occurred. Sec. 562A.30
Section History: Early form
Landlord liens--distress for rent:
1. A lien on behalf of the landlord on the tenant's household
goods is not enforceable unless perfected before January 1, 1979.
2. Distraint for rent is abolished. Sec. 562A.31
Section History: Early form
Remedy after termination:
If the rental agreement is terminated, the landlord
may have a claim for possession and for rent and a separate claim for actual
damages for breach of the rental agreement and reasonable attorney's fees
as provided in section 562A.27. Sec. 562A.32
Section History: Early form
Internal References
Referred to in § 648.19
Recovery of possession limited:
A landlord may not recover or take possession
of the dwelling unit by action or otherwise, including willful diminution
of services to the tenant by interrupting or causing the interruption of
electric, gas, water or other essential service to the tenant, except in
case of abandonment, surrender, or as permitted in this chapter.
Section
History: Early form
Periodic tenancy--holdover remedies:
1. The landlord or the tenant may terminate a week-to-week
tenancy by a written notice given to the other at least ten days prior
to the termination date specified in the notice.
2. The landlord or the tenant may terminate a month-to-month
tenancy by a written notice given to the other at least thirty days prior
to the periodic rental date specified in the notice.
3. If the tenant remains in possession without the landlord's
consent after expiration of the term of the rental agreement or its termination,
the landlord may bring an action for possession and if the tenant's holdover
is willful and not in good faith the landlord, in addition, may recover
the actual damages sustained by the landlord and reasonable attorney's
fees. If the landlord consents to the tenant's continued occupancy, section
562A.9, subsection 4 applies. Sec. 562A.34
Section History: Early
form
Internal References
Referred to in § 562A.14
Landlord and tenant remedies for abuse of access:
1. If the tenant refuses to allow lawful access, the landlord
may obtain injunctive relief to compel access, or terminate the rental
agreement. In either case, the landlord may recover actual damages and
reasonable attorney's fee.
2. If the landlord makes an unlawful entry or a lawful entry
in an unreasonable manner or makes repeated demands for entry otherwise
lawful but which have the effect of unreasonably harassing the tenant,
the tenant may obtain injunctive relief to prevent the recurrence of the
conduct, or terminate the rental agreement. In either case, the tenant
may recover actual damages not less than an amount equal to one month's
rent and reasonable attorney's fees. Sec. 562A.35 Section History:
Early form
Retaliatory conduct prohibited:
1. Except as provided in this section, a landlord may not
retaliate by increasing rent or decreasing services or by bringing or threatening
to bring an action for possession after:
a. The tenant has complained to a governmental agency charged
with responsibility for enforcement of a building or housing code of a
violation applicable to the premises materially affecting health and safety;
b. The tenant has complained to the landlord of a violation
under section 562A.15; or
c. The tenant has organized or become a member of a tenants'
union or similar organization.
2. If the landlord acts in violation of subsection 1 of this
section, the tenant may recover from the landlord the actual damages sustained
by the tenant and reasonable attorney's fees, and has a defense in action
against the landlord for possession. In an action by or against the tenant,
evidence of a good faith complaint within one year prior to the alleged
act of retaliation creates a presumption that the landlord's conduct was
in retaliation. The presumption does not arise if the tenant made the complaint
after notice of a proposed rent increase or diminution of services. Evidence
by the landlord that legitimate costs and charges of owning, maintaining
or operating a dwelling unit have increased shall be a defense against
the presumption of retaliation when a rent increase is commensurate with
the increase in costs and charges. "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.
3. Notwithstanding subsections 1 and 2 of this section, a
landlord may bring an action for possession if:
a. The violation of the applicable building or housing code
was caused primarily by lack of reasonable care by the tenant or other
person in the tenant's household or upon the premises with the tenant's
consent;
b. The tenant is in default in rent; or
c. Compliance with the applicable building or housing code
requires alteration, remodeling, or demolition which would effectively
deprive the tenant of use of the dwelling unit. The maintenance of the
action does not release the landlord from liability under section 562A.21,
subsection 2. Sec. 562A.36 Section History: Early form
Applicability:
This chapter shall apply to rental agreements
entered into or extended or renewed after January 1, 1979. Sec. 562A.37
Section History: Early form
