Iowa Standard Residential Lease Agreement

Introduction

An Iowa residential lease agreement is a legally binding contract between a landlord and tenant for the rental of residential property. Iowa residential tenancies are governed by the Uniform Residential Landlord and Tenant Law, codified in Iowa Code Chapter 562A. This law establishes the rights and obligations of both landlords and tenants, including requirements for disclosures, security deposits, maintenance, rent payments, and termination procedures. ^[1]

This guide covers the essential elements of Iowa residential lease agreements, mandatory disclosures, statutory requirements, and best practices for both landlords and tenants.

Required Disclosures

Iowa law mandates several disclosures that landlords must provide to tenants before or at the commencement of a residential tenancy. Failure to provide required disclosures may result in penalties and limit a landlord's ability to enforce certain lease provisions.

Landlord/agent Identification

The landlord must disclose in writing the name and address of the person authorized to manage the premises and an owner or person authorized to act on behalf of the owner for the purpose of receiving notices and service of process. This disclosure must be made at or before the commencement of tenancy. ^[2]

Cerclis Database Disclosure

If the rental property is listed in the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) maintained by the U.S. Environmental Protection Agency (EPA), the landlord must disclose this fact to the tenant in writing before the commencement of the tenancy. CERCLIS lists sites that have been identified for potential hazardous substance contamination. ^[2]

Shared Utilities Disclosure

If the tenant is not directly billed by the utility company for charges, the landlord must fully explain the utility rates, charges, and services to the prospective tenant before the rental agreement is signed. This includes situations where utilities are shared between units or where the landlord pays utilities and includes them in rent. ^[2]

Lead-Based Paint Disclosure (pre-1978 Properties)

For residential properties built before January 1, 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards before leases are signed. Landlords must also provide tenants with a federally approved lead hazard information pamphlet ("Protect Your Family From Lead in Your Home") and include specific warning language in the lease agreement. ^[3]

Security Deposits

Iowa Code Section 562A.12 governs security deposits for residential tenancies. This statute establishes limits on the amount landlords can collect and procedures for handling and returning deposits. ^[4]

Maximum Deposit Amount

A landlord shall not demand or receive as a security deposit an amount or value in excess of two months' rent. ^[4]

Deposit Handling Requirements

Rental deposits must be held in a federally insured bank, savings and loan association, or credit union in this state and shall not be commingled with the landlord's personal funds. ^[4]

Return of Security Deposit

The landlord must return the security deposit within thirty (30) days after termination of the tenancy and receipt of the tenant's mailing address or delivery instructions. If the landlord withholds any portion of the deposit, the landlord must provide a written statement itemizing the specific reasons for withholding. ^[4]

Forfeiture for Non-Compliance

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. ^[4]

Bad Faith Retention Penalty

The bad faith retention of a deposit by a landlord in violation of Section 562A.12 shall subject the landlord to punitive damages not to exceed twice the monthly rental payment in addition to actual damages. ^[4]

Rent and Late Fees

Rent Payment

Rent is 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. 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. ^[5]

Rent Increase Notice

Each tenant shall be notified, in writing, of any rent increase at least thirty (30) days before the effective date. The effective date shall not be sooner than the expiration date of the original rental agreement or any renewal or extension thereof. ^[5]

Late Fee Limits

Iowa law caps late fees based on the monthly rent amount. For rent of $700 or less per month, a rental agreement shall not provide for a late fee that exceeds $12 per day or a total amount of $60 per month. For rent greater than $700 per month, a rental agreement shall not provide for a late fee that exceeds $20 per day or a total amount of $100 per month. ^[5]

Grace Period

Iowa law does not require landlords to provide a grace period before assessing late fees. Rent is due on the date specified in the lease agreement, and late fees may be charged immediately if rent is not paid by the due date. However, if the lease agreement provides for a grace period, the landlord must honor it.

Landlord Obligations

Iowa Code Section 562A.15 establishes the landlord's obligation to maintain fit premises. This represents a codification of the common law implied warranty of habitability. ^[6]

Specific Obligations

• Comply with applicable building and housing codes materially affecting health and safety ^[6]
• Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition ^[6]
• Keep all common areas of the premises in a clean and safe condition ^[6]
• 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 ^[6]

Tenant-Landlord Repair Agreements

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 if: (1) the agreement is entered into in good faith; (2) the agreement is set forth in a separate writing signed by the parties with adequate consideration; and (3) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. ^[6]

Tenant Obligations

Iowa Code Section 562A.17 establishes the tenant's obligations to maintain the dwelling unit. ^[7]

Specific Obligations

• Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety ^[7]
• Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit ^[7]
• Dispose from the dwelling unit all ashes, rubbish, garbage, and other waste in a clean and safe manner ^[7]
• Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits ^[7]
• Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises ^[7]
• 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 ^[7]

Use and Occupancy

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. ^[8]

Landlord Access to Property

Iowa Code Section 562A.19 governs landlord access to the rental property. The landlord may enter the dwelling unit only at reasonable times and with the tenant's consent. ^[9]

Notice Requirements

The landlord must give at least twenty-four (24) hours' notice before entering the property, except in emergencies or when it is impracticable to give notice. Entry must be at reasonable times and with the tenant's consent. ^[9]

Purposes for Entry

To inspect the premises

To make necessary or agreed repairs, decorations, alterations, or improvements

To supply necessary or agreed services

To exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors

Emergency Access

The landlord may enter the dwelling unit without notice in case of emergency. An emergency includes situations requiring immediate access to prevent harm to persons or property.

Tenant's Duty

The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit. ^[9]

Termination and Notice Requirements

Fixed-Term Leases

A fixed-term lease automatically terminates at the end of the specified term. Neither party is required to give notice to terminate unless the lease agreement specifies otherwise. If the tenant remains in possession after the lease expires, the landlord may treat the tenant as a holdover and initiate eviction proceedings or convert the tenancy to a month-to-month arrangement.

Periodic Tenancies

Iowa Code Section 562A.34 establishes notice requirements for terminating periodic tenancies: ^[10]

• Week-to-Week Tenancy: Either party may terminate by giving at least ten (10) days' written notice before the termination date ^[10]
• Month-to-Month Tenancy: Either party may terminate by giving at least thirty (30) days' written notice before the periodic rental date specified in the notice ^[10]
• Longer Term Tenancies: A tenancy having a term longer than month-to-month may be terminated by either party giving at least thirty (30) days' written notice before the end of the term ^[10]

Noncompliance and Eviction

Failure to Pay Rent

If rent is unpaid when due and the tenant fails to pay rent within three (3) 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, the landlord may terminate the rental agreement. ^[11]

Material Noncompliance

For 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 (7) days after receipt of the notice if the breach is not remedied in seven days. ^[11]

Right to Cure

If the breach is remediable and the tenant adequately remedies it prior to the date specified in the notice, the rental agreement shall not terminate. However, if substantially the same act or omission which constituted a prior noncompliance recurs within six (6) months, the landlord may terminate the rental agreement upon at least seven (7) days' written notice. ^[11]

Self-Help Eviction Prohibited

Retaliation Prohibited

Iowa Code Section 562A.36 prohibits landlord retaliation against tenants who exercise their legal rights. ^[12]

Protected Activities

A landlord may not retaliate by increasing rent, decreasing services, or bringing or threatening to bring an action for possession after:

• 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 ^[12]
• The tenant has complained to the landlord of a violation under section 562A.15 (landlord's duty to maintain fit premises) ^[12]
• The tenant has organized or become a member of a tenants' union or similar organization ^[12]

Presumption of Retaliation

Evidence of a good-faith complaint within one (1) year prior to the alleged act of retaliation creates a presumption that the landlord's conduct was retaliatory. The landlord may rebut this presumption by showing that legitimate costs and charges of owning, maintaining, or operating a dwelling unit have increased. ^[12]

Tenant Remedies

If the landlord acts in violation of Section 562A.36, the tenant may recover from the landlord actual damages sustained and reasonable attorney's fees, and has a defense in action against the landlord for possession. ^[12]

Prohibited Lease Provisions

Iowa Code Section 562A.11 prohibits certain provisions in rental agreements. Any prohibited provision included in a rental agreement is unenforceable. ^[13]

Prohibited Provisions

A rental agreement shall not provide that the tenant or landlord:

• Agrees to waive or forego rights or remedies under Chapter 562A (with limited exceptions for certain single-family residences) ^[13]
• Authorizes a person to confess judgment on a claim arising from the rental agreement ^[13]
• Agrees to pay the other party's attorney fees ^[13]
• 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 costs ^[13]

Penalty for Willful Use

If a landlord willfully uses a rental agreement containing provisions known by the landlord to be prohibited, a tenant may recover actual damages sustained and not more than three (3) months' periodic rent and reasonable attorney's fees. ^[13]

Unconscionability

Iowa Code Section 562A.7 provides protections against unconscionable lease terms. If the court, as a matter of law, finds that 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. ^[14]

Essential Lease Terms

While Iowa law provides a framework for residential tenancies, a well-drafted lease agreement should include the following essential terms:

Parties

Full legal names of all landlords and tenants

Contact information for both parties

Name and address of agent authorized to manage premises and receive notices

Property Description

Complete street address of the rental property

Unit or apartment number (if applicable)

Description of included parking, storage, or common areas

Lease Term

Commencement date

Expiration date (for fixed-term leases)

Type of tenancy (fixed-term, month-to-month, week-to-week)

Rent

Monthly rent amount

Due date for rent payments

Acceptable payment methods

Late fee provisions (within statutory limits)

Where rent is to be paid

Security Deposit

Amount of security deposit (not exceeding two months' rent)

Conditions for deductions

Return procedures and timeline

Utilities

Which utilities are included in rent

Which utilities are the tenant's responsibility

Explanation of shared utility arrangements (if applicable)

Maintenance and Repairs

Landlord's maintenance obligations

Tenant's maintenance responsibilities

Procedure for requesting repairs

Occupancy

Names of all authorized occupants

Guest policies

Restrictions on extended absences

Rules and Restrictions

Pet policies

Smoking policies

Noise restrictions

Parking rules

Termination

Notice requirements for ending the lease

Early termination provisions (if any)

Holdover tenancy terms

Best Practices

For Landlords

Conduct thorough tenant screening including credit and background checks

Provide all required disclosures in writing before lease signing

Document the condition of the property with a move-in checklist and photographs

Maintain the property in compliance with applicable housing codes

Keep accurate records of all rent payments and communications

Respond promptly to maintenance requests

Follow proper legal procedures for rent increases and terminations

For Tenants

Read the entire lease agreement before signing

Request copies of all required disclosures

Document the condition of the property at move-in

Pay rent on time and maintain records of payments

Report maintenance issues promptly in writing

Comply with all lease terms and statutory obligations

Provide proper notice when terminating the tenancy

Request a move-out inspection and provide a forwarding address