Iowa Complaint - Lessor Failure to Return Security Deposit
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FAQ
If the landlord fails or simply refuses to send a written notice and/or refund the security deposit within the 30-day timeframe, the tenant may receive up to double the amount of the security deposit, plus any legal fees required by court if the deposit is withheld in bad faith.
Tenants can sue landlords in small claims court for the return of their deposit, up to a dollar amount of $5,000. See Filing a Security Deposit Lawsuit in Iowa Small Claims Court for advice for tenants filing suit.
Housing: to file a housing complaint, please contact Kerry Hainline, housing intake officer at the Commission at kerry.hainline@iowa.gov or (515) 242-5556 or 1-800-457-4416, ext 2-5556.
Can You Withhold Rent in Iowa? The only case in which a tenant may withhold rent in Iowa is under the repair and deduct statute. This takes effect if the landlord fails to make necessary repairs, then the tenant may pay for the repairs and deduct the cost from their next rent payment.
?Ordinary wear and tear? is a phrase that means damage to property from regular use, which occurs naturally over time. For example, it could include faded curtains, worn carpets, and small scratches on walls or floors that happen over time with regular use and care.
Refunds of Security Deposits Section 92.103 states: the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.
After receiving the tenants' new address, landlords have 30 days to provide them with an itemized list of damages and repair costs that part or all of the deposit will cover. If the landlord fails to provide such a list, they waive their right to keep or use the deposit, and it must be returned to the tenant in full.
