Landlord/Tenant
This section will discuss only a few points of landlord tenant law, and will do so in a very general way.
Protect Your Rights
If you are involved in a landlord-tenant arrangement, there are certain steps you should take to protect your rights:
- Put important messages in writing
- Keep copies of all written documents
- Get receipts
- Have a witness available to see/hear anything that could become the subject of dispute
- Take photos of any condition of the rental property which you may want to describe to a judge later on
- Keep a record of important events and dates, and
- Send a confirming letter to your landlord anytime there is a verbal agreement pertaining to the rental, describing your understanding of what was said and all elements of the agreement. For example, “This will confirm we spoke December 10 and you said you would fix the leaky faucet by next Wednesday.”
Rental Agreements
A rental agreement is the understanding between the landlord and the tenant about the rental of a dwelling, such as a house or apartment. A rental agreement can be written or oral. A rental agreement can also be for an exact length of time (6 months, 3 years, etc.), or it can be month-to-month or week-to-week. If a rental agreement is for an exact period of time that is more than one year, it must be in writing rather than oral.
Whether to make a rental agreement for a set term (like 6 months) or month-to-month depends on your needs. There are advantages to each type of arrangement. A rental agreement for a set length of time will guarantee the tenant that the rent will not increase during the term of agreement, and will guarantee the landlord that the tenant will have to pay rent for the term. The main disadvantage is that if the tenant wants or needs to move, he or she may have to pay the rent for the remainder of the term of the agreement, unless he or she can find a sublessee or obtain a release from the landlord. A month-to-month rental agreement has the advantage of a short term and easy exit from the agreement. However, the main disadvantage is that the rent can be increased with adequate written notice whenever the landlord sees fit.
It is important to weigh the advantages and disadvantages when entering into a rental agreement. It may be that a month-to-month tenancy is just right for a person waiting for placement in a residential care facility. An agreement for a longer term may be better if the tenant is in good health and expects to remain in one place indefinitely.
Prohibited Rental Provisions
Iowa law prohibits rental agreements from including certain provisions. The rental agreement shall NOT provide that the tenant or landlord:
- Agree to waive any rights or remedies provided by law.
- Agree to lose automatically (“confess judgment”) if a dispute goes to court.
- Agree to pay the other party’s attorney’s fees in the event that the parties are involved in a dispute over the rental agreement.
- Agree to limit the liability of the other party.
Prohibited provisions are unenforceable. If a landlord intentionally uses a rental agreement containing any of the above provisions, a tenant may recover damages and attorney’s fees.
Rental Deposits
Iowa law places a number of restrictions on rental deposits (also called “security” or “damage” deposits). Here are some of the most important legal requirements:
The rental deposit may not exceed an amount equivalent to two months rent.
The landlord must keep the deposit in a bank account separate from the landlord’s own money.
The deposit may not be kept by the landlord to pay for normal wear and tear to the rental unit.
The deposit must be returned to the tenant within 30 days after the tenancy ends, provided the tenant has left a forwarding address with the landlord. If the forwarding address is not given to the landlord within one year, the landlord may keep the deposit.
A landlord may keep part of the rental deposit for the following reasons:
- To make up for unpaid rent, or other payments owed to the landlord under the rental agreement.
- To make repairs to the property for damages which were the tenant’s fault.
- To pay for the costs of removing a tenant who, in bad faith, stays even after the rental agreement has ended because of the tenant’s non-compliance.
In order for the landlord to keep any part of the deposit, the landlord must give the tenant a written explanation of the specific reasons the money is being withheld and must do so within thirty days of the tenant moving. If the tenant disagrees with the landlord’s reasons, the tenant may go to Small Claims Court to seek the return of the deposit.
Landlord’s Duties
Some of the landlord’s duties under Iowa law include:
- Keep the house or apartment up to housing code requirements. You may want to call the building or housing inspector if there seem to be any serious code violations.
- Make whatever repairs are necessary to keep the house or apartment in a fit and livable condition.
- Keep any areas used by the tenants of more than one apartment (“common areas”) clean and safe.
- Keep facilities and appliances such as the electric wiring, elevators, plumbing, heating, air conditioning and the like in good and safe working order.
- Provide a proper container for garbage and arrange for garbage collection.
- Provide the necessary essential services such as hot and cold running water and heat.
A landlord may shift some of these duties to the tenant, but only under special circumstances.
Tenant’s Duties
Some of the tenant’s duties under Iowa law include:
- Keep the house or apartment in a safe and healthful condition as required by housing codes. (NOTE: Some part of a housing code may deal with areas or activities over which the tenant has special control, such as proper use of extension cords and avoiding overload of the electrical circuitry.)
- Keep his or her own living area as clean and safe as possible.
- Dispose of garbage properly, in the containers provided.
- Keep all plumbing fixtures (such as bathroom and kitchen) as clean as possible.
- Use in a reasonable manner appliances and facilities, such as plumbing, heating, wiring and air conditioning.
- Keep from purposely or carelessly changing, tearing down, or abusing the house or apartment or allowing someone else to do so.
- Avoid doing things that will disturb the neighbors’ peace, quiet, and their enjoyment of their property.
Raising the Rent
In a month-to-month rental arrangement, a landlord may raise the rent if proper advance notice is given. To raise the rent, the landlord must give the tenant a written notice of the rent increase at least 30 days before the increase can take effect. In a rental arrangement for a definite period (such as for 6 months, 1 year, etc.), the landlord cannot raise the rent during the agreed period, unless the tenant agrees otherwise. A new rental amount can be negotiated when the agreed period ends.
Retaliation
Retaliation is “getting back at” or “getting even with” someone for something. The law makes certain types of retaliation illegal. A landlord cannot attempt to get even with a tenant by raising the rent, refusing to do any maintenance, or evicting (or threatening to evict) just because the tenant has done one of the following things:
- Contacted the building or housing inspector about an unsanitary, unhealthful or unsafe condition that the tenant did not cause.
- Complained to the landlord that he or she is not doing the things he or she is obligated to do as a landlord—for example, not doing required maintenance, not providing a trash container, etc.
- Organize with other tenants to protect the tenants’ rights or join an organization concerned with tenants’ rights.
Landlord’s Right to Enter
The main legal rules describing the landlord’s “right of access” (that is, the landlord’s right to enter the rental property), and the limits on that right are:
- Generally, before a landlord can enter a tenant’s dwelling, the landlord must give the tenant at least 24 hours advance notice and must enter only during reasonable hours. The only times the landlord is not required to give this notice is in the case of an emergency or where it is impractical to do so.
- The landlord cannot abuse his or her right of access, or use it to harass the tenant.
- The tenant cannot unreasonably refuse to allow the landlord to enter the apartment or house to make necessary repairs or inspections. This also applies to repairer or technician sent by the landlord.
- In the case of an emergency, the landlord may enter the tenant’s home at any time, even without the tenant’s consent.
Ending the Rental Agreement
Either a landlord or a tenant can end a rental agreement as follows:
- If the arrangement is month-to-month, the person wanting to end the arrangement must give the other a written notice at least 30 days in advance of the intended ending date. The notice should actually say what the ending date will be, and the ending date must be a date when rent would normally be due.
- If the arrangement is for some exact period of time, such as 1 year, the arrangement will end automatically on the last day of the agreed period, unless the agreement also sets out some special procedures for renewal of the arrangement.
- If a landlord or tenant wants to end a rental agreement because of the other person’s failure to live up to it, it is best to get legal advice. Termination of the lease can occur in as little as three days, so it is best to get legal advice promptly.
Eviction
Eviction (also called “Forcible Entry and Detainer” or “F.E.D.”) is the legal process landlords use to make tenants leave the rental property. Forcing a tenant out in some way other than through proper eviction procedures, such as by turning off utilities, is illegal.
An eviction involves written notices and an opportunity to tell one’s story to a judge, usually a Small Claims Court Judge. A full discussion of eviction procedures cannot be given here, but remember this important point: an eviction must involve an opportunity for the tenant to tell the tenant's story to the judge, and written notices demanding that the tenant leave do not, of themselves, amount to an eviction.
Mobile Home Parks
Iowa law contains an entire set of provisions pertaining specifically to rental of a mobile home lot in a mobile home park. Many of the provisions are the same as in the ordinary landlord/tenant context. A discussion of all these provisions is beyond the scope of this article and you are advised to seek the advice of a legal professional with regard to specific questions. However, some significant provisions pertaining to mobile home lots are set forth below:
- Rental agreements are for a term of one year unless otherwise stated in the rental agreement. Either party can cancel rental agreements with at least sixty days’ advance written notice. A landlord cannot cancel a rental agreement solely for the purpose of making the tenant’s lot available for a different mobile home.
- If a tenant dies, the surviving joint tenant or tenant in common continues as a tenant with the same rights and liabilities of the original tenant.
- If a tenant who was the sole owner of the mobile home dies during the term of the rental agreement, either the person’s heirs or legal representatives or the landlord can cancel the lease by giving sixty days’ advance written notice.
- Improvements, except a natural lawn, purchased and installed by a tenant shall remain the property of the tenant even though affixed to or in the ground and may be removed by the tenant at the end of the rental period provided the tenant leaves the lot in substantially the same condition it was in before installation of the improvement. A landlord cannot require the tenant to furnish permanent improvements that cannot be removed without damage to the improvement or the lot at the expiration of the rental agreement.
- A tenant must be notified in writing at least sixty days in advance of any rent increase, and such an increase cannot become effective before the termination of the original agreement.
- It is the landlord’s responsibility to maintain in good and safe working condition all facilities supplied by the landlord and the landlord must furnish outlets for electric, water, and sewer services.
- A landlord may adopt rules and regulations pertaining to the mobile home park, but they must apply to all tenants in the park in a fair manner and the tenant must be given a copy before the rental agreement is executed. A new rule can only be adopted if all tenants are given thirty days’ advance notice and if the new rule does not work a substantial modification of a tenant’s rental agreement.
- A landlord cannot: (a) require as a precondition of rental an entrance or exit fee unless for services actually rendered unless the tenant agrees otherwise; (b) collect a commission or fee with respect to the price obtained for sale of a mobile home unless the landlord acted as agent pursuant to a written agreement; or (c) prohibit meetings between tenants relating to mobile home living and affairs in the park hall if such meetings are held at reasonable hours and the hall is not otherwise in use.
- A landlord does not have a right of access to a mobile home owned by a tenant unless necessary to prevent damage to the lot or in response to an emergency. A landlord can enter the lot to inspect the lot, make necessary and agreed repairs, supply necessary or agreed services, or to show the lot to a prospective buyer or tenant.