What types of rental accommodations are covered by legislation governing residential tenancies in Iowa?

Iowa’s landlord-tenant law, the Uniform Residential Landlord and Tenant Law, applies to residential tenancies where one or more persons rents a house or apartment as their principal residence.

What types of rental accommodations are NOT covered by this legislation?

The following accommodations are not included under this law:

(a) temporary, non-permanent housing run by a non-profit organization;
(b) rental of a mobile home lot in a mobile home park, however, the Act does cover a tenant’s rental of the mobile home itself, as opposed to the rental of the lot;
(c) institutions for medical or old age care, educational or religious training;
(d) property which is being purchased by the resident;
(e) hotels or motels;
(f) accommodation provided by a tenant’s employer as a condition of the employment, and where the tenancy will last only as long as the tenant continues working in and around the living quarters;
(g) accommodation occupied primarily for agricultural purposes.

Is it necessary to have a written lease or rental agreement?

A rental agreement can be either written or oral, however, a written agreement is recommended in order to clearly set out what each party’s rights and responsibilities are.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

A landlord is allowed to require a rental deposit of up to 2 months’ rent. Under Iowa law, the landlord does not have to return the deposit until 30 days after the tenant vacates the unit and gives the landlord instructions about where to send the deposit. If the landlord keeps all or part of the deposit, he or she must provide a statement in writing explaining the specific reasons for keeping the deposit and the amounts being deducted.

How can a rental agreement be terminated?

In a month-to-month tenancy, either party may terminate the agreement by giving written notice at least 30 days in advance of the intended termination date, which must be a date when rent would normally be due. If the tenancy is week-to-week, a 10-day written notice is required.

If the tenancy is for a specified period (such as 1 year), the tenancy will end automatically on the last day of the term, unless the agreement also sets out some special procedures for renewal.

When is the landlord permitted to enter the premises?

Except in cases of emergency, a landlord should give a tenant 24 hours notice of the landlord’s intent to enter the premises.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for a number of reasons: (i) unpaid rent; (ii) if the tenant breaks a rule or a term of the lease; (iii) if a tenant presents a threat to the landlord, other tenants or anyone else – such as assaulting someone, illegal use of a gun or other weapon, or having illegal drugs.

Only a judge can order an eviction. A landlord does not have the right to move a tenant out. The landlord must give proper notice to the tenant prior to start a Forcible Entry and Detainer action (an eviction action).

A landlord cannot retaliate against a tenant (such as by raising the rent or evicting the tenant) for complaining about the condition of the property to the landlord or a housing inspector.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.