Most consumers have entered into a lease agreement for an apartment, house or another type of residential real estate. Unfortunately, many of these consumers are unaware of their rights and unknowingly enter into unlawful lease agreements, have their security deposits unlawfully withheld, are illegally evicted or are victims of harassment by their landlord.
The Iowa Uniform Residential Landlord and Tennant Law lists tenant’s rights and responsibilities in a landlord tenant agreement.
Illegal Lease Provisions
A rental agreement shall not provide that the landlord or tenant;
Waive or forego its rights or responsibilities as defined by the Iowa Landlord and Tenant Law
Agree to pay the other party’s attorney’s fees
Unlawfully waive or limit a landlord’s liability
When withholding security deposits from a tenant the landlord must comply with the following laws; failure to do so will result in an unlawful retention of the security deposit.
A landlord must 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 a written statement showing the specific reason(s) for withholding all or a portion of the security deposit. If the deposit is not returned or a written statement furnished the landlord has no right to withhold any of the security deposit.
A landlord cannot demand a security deposit in excess of two months rent.
The security deposit must be held in a separate account and cannot be mixed with the personal funds of the landlord.
The landlord may only use the security deposit to remedy a tenant’s default in the payment of rent or return the dwelling to its condition at the commencement of the tenancy, ordinary wear and tear excluded.
A landlord is not a law enforcement agency; it may not impose “fines” for objectionable conduct.
Landlord to Maintain Fit Premises
A landlord must…
Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition
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.
Supply running water and reasonable amounts of hot water at all times
Comply with all requirements of applicable building and housing codes materially affecting health and safety
A landlord must provide 24 hours notice prior to entering the rental unit at reasonable times
The landlord cannot abuse the right of access to harass the tenant
The landlord may enter a rental unit in cases of emergency.
A landlord cannot unlawfully lock a tenant out of his/her rental unit or shut off electric, gas, water or other essential services to the tenant.
Prior to eviction for tenant’s noncompliance with lawful provisions of the rental agreement a landlord must provide the tenant with 7 days written notice.
A landlord may only terminate a rental agreement for nonpayment of rent 3 days after written notice from the landlord.
A police officer may not assist a landlord in evicting a tenant without judicial process.
A landlord may not retaliate by increasing rent or decreasing services or by threatening to bring action for possession after…
The tenant has complained to a governmental agency responsible for enforcement of building or housing code.
The tenant has complained to the landlord for a violation of the Iowa landlord tenant act.