562A.21 Noncompliance by the landlord — in general.
1. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 562A.15 materially affecting health and safety, the tenant may elect to commence an action under this section and shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days, and the rental agreement shall terminate and the tenant shall surrender as provided in the notice subject to the following:
a. If the breach is remediable by repairs or the payment of damages or otherwise, and if the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate.
b. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least seven days’ written notice specifying the breach and the date of termination of the rental agreement unless the landlord has exercised due diligence and effort to remedy the breach which gave rise to the noncompliance.
c. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
2. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 562A.15 unless the landlord demonstrates affirmatively that the landlord has exercised due diligence and effort to remedy any noncompliance, and that any failure by the landlord to remedy any noncompliance was due to circumstances reasonably beyond the control of the landlord. If the landlord’s noncompliance is willful the tenant may recover reasonable attorney fees.
3. The remedy provided in subsection 2 is in addition to any right of the tenant arising under subsection 1.
4. If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under section 562A.12.
[C79, 81, §562A.21]
95 Acts, ch 125, §4, 5
Referred to in §562A.23, 562A.36
Structure Iowa Code
Chapter 562A - UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW
Section 562A.2 - Purposes — rules of construction.
Section 562A.3 - Supplementary principles of law applicable.
Section 562A.4 - Administration of remedies — enforcement.
Section 562A.5 - Exclusions from application of chapter.
Section 562A.6 - General definitions.
Section 562A.7 - Unconscionability.
Section 562A.8A - Computation of time.
Section 562A.9 - Terms and conditions of rental agreement.
Section 562A.10 - Effect of unsigned or undelivered rental agreement.
Section 562A.11 - Prohibited provisions in rental agreements.
Section 562A.12 - Rental deposits.
Section 562A.14 - Landlord to supply possession of dwelling unit.
Section 562A.15 - Landlord to maintain fit premises.
Section 562A.16 - Limitation of liability.
Section 562A.17 - Tenant to maintain dwelling unit.
Section 562A.20 - Tenant to use and occupy.
Section 562A.21 - Noncompliance by the landlord — in general.
Section 562A.22 - Failure to deliver possession.
Section 562A.23 - Wrongful failure to supply heat, water, hot water or essential services.
Section 562A.24 - Landlord’s noncompliance as defense to action for possession or rent.
Section 562A.25 - Fire or casualty damage.
Section 562A.27A - Termination for creating a clear and present danger to others.
Section 562A.27B - Right to summon emergency assistance — waiver of rights.
Section 562A.28 - Failure to maintain.
Section 562A.29 - Remedies for absence, nonuse and abandonment.
Section 562A.29A - Method of service of notice on tenant.
Section 562A.30 - Waiver of landlord’s right to terminate.
Section 562A.31 - Landlord liens — distress for rent.
Section 562A.32 - Remedy after termination.
Section 562A.33 - Recovery of possession limited.
Section 562A.34 - Periodic tenancy — holdover remedies.
Section 562A.35 - Landlord and tenant remedies for abuse of access.