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A Guide to Landlord Tenant Law in Iowa

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A Guide to Landlord Tenant Law in Iowa A GUIDE TO LANDLORD TENANT LAW IN IOWA FOR RENT 2 BR APT 555-6880 A Publication of Iowa Legal Aid IMPORTANT NOTICE: READ THIS INFORMATION BEFORE USING ANY PART OF THIS PUBLICATION This booklet is a general summary of the law. It is not meant to completely explain the subjects in this booklet. IT IS NOT A SUBSTITUTE FOR LEGAL ADVICE. The information in this booklet was correct as of the date it was printed (see the back cover). The laws may have changed. DO NOT ASSUME THAT THE INFORMATION IN THIS BOOKLET IS NOW CORRECT. You should see a lawyer to get complete, correct, and up-to- date legal advice. Do not rely on the general information in this booklet for your specific case. If you need a lawyer but can’t afford one, contact Iowa Legal Aid. You may be able to get free legal help. Call or write Iowa Legal Aid. The address and phone numbers are on the back cover. AS YOU READ THIS BOOKLET, REMEMBER IT IS NOT A SUBSTITUTE FOR LEGAL ADVICE Contents RENTAL AGREEMENTS..........................................................................................................................................................................3 What Can Be Included in a Rental Agreement? (Section 562A.9, Code of Iowa) ...................................................3 What If Some of These Things Aren’t Part of the Rental Agreement? (Section 562A.9, Code of Iowa) ..........3 Is it Best to Have a Rental Agreement for an Exact Period of Time, Like Six Months or One Year? ................4 Are There Certain Things a Rental Agreement Cannot Legally Include? ...................................................................4 If a Landlord’s Rules Can Be Part of the Rental Agreement, What Makes for a Valid Rule? (Section 562A.18, Code of Iowa) ..................................................................................................................................................................................4 What If Part of a Rental Agreement Is Downright Unfair?(Section 562A.7, Code of Iowa) .................................5 Can a Written Rental Agreement Which Is Signed Only by the Tenant Still Be Valid Against the Landlord? (Section 562A.10, Code of Iowa) ..............................................................................................................................................5 Can a Landlord Raise the Rent above the Amount Originally Agreed to?(Section 562A.13, Code of Iowa) ..................................................................................................................................................................................5 Can a Tenant Rent the Rental Property to Another Tenant? .........................................................................................6 How Can a Rental Agreement Be Ended? (Section 562A.34, Code of Iowa) ............................................................6 MOVING IN ..............................................................................................................................................................................................7 What If the House or Apartment Isn’t Ready When I’m Supposed to Move in? (Sections 562A.14 and 22, Code of Iowa) .................................................................................................................................................................7 What Information Does a Landlord Have to Give a Tenant at the Beginning of a Rental Arrangement? (Section 562A.13, Code of Iowa) .............................................................................................................................................7 RENTAL DEPOSITS ................................................................................................................................................................................7 What Is a Rental Deposit? (Section 562A.6, Code of Iowa) .............................................................................................7 How Much Can a Landlord Demand as a Rental Deposit? (Section 562A.12, Code of Iowa) ...........................8 What Does a Landlord Do with the Rental Deposit During the Time the Tenant Is Renting? (Section 562A.12(2), Code of Iowa) ..........................................................................................................................................................8 In What Situations Can a Landlord Keep Part or All of a Tenant’s Deposit? (Section 562A.12(3), Code of Iowa)..............................................................................................................................................................................................8 How Can I Make Sure of Getting My Rental Deposit Back When I Move Out? (Section 562A.12(3) and (4), Code of Iowa) ..................................................................................................................................................................8 How Soon after I Move out Should I Get My Deposit Back? (Section 562A.12(3) and (4), Code of Iowa) .....9 What If I Don’t Agree with the Landlord’s Reasons for Keeping My Deposit? .........................................................10 What If the Landlord Doesn’t Return the Deposit, but Doesn’t Give a Written Statement of Reasons for Keeping It, Either? (Section 562A.12(4), Code of Iowa) ...................................................................................................10 What Happens to a Landlord Who Purposely Keeps a Rental Deposit Without Any Good Reason? (Section 562A.12(7), Code of Iowa) .........................................................................................................................................10 If a Tenant Has a Lawyer Help in a Lawsuit over a Rental Deposit, and the Tenant Wins, Can the Landlord Be Forced to Pay the Tenant’s Attorney? (Section 562A.12(8), Code of Iowa) ........................................................10 UPKEEP, REPAIRS, AND OTHER DUTIES...........................................................................................................................................10 What Are the Landlord’s Duties as Far as Maintaining the Rental Property Goes? (Section 562A.15, Code of Iowa) ..................................................................................................................................................................................10 Can a Landlord and Tenant Agree That the Tenant Will Be Responsible For Performing Some of the Landlord’s Duties? (Section 562A.15(2) and (3), Code of Iowa) ...................................................................................10 What Are a Tenant’s Duties as Far as Taking Care of the Rental Property Goes? (Section 562A.17, Code of Iowa) ..................................................................................................................................................................................11 Can a Tenant with Disabilities Change the Rental Unit to Make it Easier to Live in? ................................................11 LANDLORD’S REMEDIES .....................................................................................................................................................................12 Can a Landlord Threaten to End the Rental Agreement If a Tenant Doesn’t Properly Perform Some of the More Important Duties of the Tenant?(Section 562A.27, Code of Iowa) ......................................................12 Is There a Way a Landlord Can Make Sure That a Problem a Tenant Is Responsible for Is Promptly Taken Care of? (Section 562A.28, Code of Iowa) ................................................................................................................12 What Can a Landlord Do If a Tenant Doesn’t Pay the Rent When the Rent Is Due? (Section 562A.27(2), Code of Iowa) ..................................................................................................................................................................................13 Can the Landlord Charge Late Fees If the Rent Isn’t Paid on Time?(Section 535.2(7), Code of Iowa) .............13 Can a Tenant Be Evicted for Not Paying a Late Fee? .........................................................................................................13 Can a Landlord Grab Some of the Tenant’s Household Goods If the Tenant Doesn’t Pay the Rent? (Section 562A.31, Code of Iowa) ..............................................................................................................................................14 If a Tenant Violates a Rental Agreement in Some Way, but the Landlord Allows the Violation to Continue, Can the Landlord Later Turn Around and End the Rental Agreement for That Same Violation? (Section 562A.30, Code of Iowa) ...............................................................................................................................................................14 Can a Landlord Who Wants to Remove a Tenant from the Property Cut off the Power or Water, Change the Locks, or Set the Tenant’s Property Outside?(Section 562A.26 and 31, Code of Iowa) ................14 TENANT’S REMEDIES ............................................................................................................................................................................14 Some Notices a Tenant Gives to a Landlord ........................................................................................................................14 How the Tenant Gives the Notices the Right Way..............................................................................................................15
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