562A.27 Noncompliance with rental agreement — failure to pay rent — violation of federal regulation.
1. Except as provided in this chapter, if there is a 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 days after receipt of the notice if the breach is not remedied in seven days, and the rental agreement shall terminate as provided in the notice subject to the provisions of this section. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least seven days’ written notice specifying the breach and the date of termination of the rental agreement.
2. If rent is unpaid when due and the tenant fails to pay rent within three 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 of time, the landlord may terminate the rental agreement.
3. Except as provided in this chapter, the landlord may recover damages and obtain injunctive relief for noncompliance by the tenant with the rental agreement or section 562A.17 unless the tenant demonstrates affirmatively that the tenant has exercised due diligence and effort to remedy any noncompliance, and that the tenant’s failure to remedy any noncompliance was due to circumstances beyond the tenant’s control. If the tenant’s noncompliance is willful, the landlord may recover reasonable attorney fees.
4. In any action by a landlord for possession based upon nonpayment of rent, proof by the tenant of the following shall be a defense to any action or claim for possession by the landlord, and the amounts expended by the claimant in correcting the deficiencies shall be deducted from the amount claimed by the landlord as unpaid rent:
a. That the landlord failed to comply either with the rental agreement or with section 562A.15; and
b. That the tenant notified the landlord at least seven days prior to the due date of the tenant’s rent payment of the tenant’s intention to correct the condition constituting the breach referred to in paragraph “a” at the landlord’s expense; and
c. That the reasonable cost of correcting the condition constituting the breach is equal to or less than one month’s periodic rent; and
d. That the tenant in good faith caused the condition constituting the breach to be corrected prior to receipt of written notice of the landlord’s intention to terminate the rental agreement for nonpayment of rent.
5. Notwithstanding any other provisions of this chapter, a municipal housing agency established pursuant to chapter 403A may issue a thirty-day notice of lease termination for a violation of a rental agreement by the tenant when the violation is a violation of a federal regulation governing the tenant’s eligibility for or continued participation in a public housing program. The municipal housing agency shall not be required to provide the tenant with a right or opportunity to remedy the violation or to give any notice that the tenant has such a right or opportunity when the notice cites the federal regulation as authority.
[C79, 81, §562A.27]
95 Acts, ch 125, §6, 7; 2003 Acts, ch 154, §2
Referred to in §562A.27A, 562A.29A, 562A.32, 648.3
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.