562A.36 Retaliatory conduct prohibited.
1. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after:
a. 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;
b. The tenant has complained to the landlord of a violation under section 562A.15; or
c. The tenant has organized or become a member of a tenants’ union or similar organization.
2. If the landlord acts in violation of subsection 1 of this section, the tenant may recover from the landlord the actual damages sustained by the tenant and reasonable attorney fees, and has a defense in action against the landlord for possession. In an action by or against the tenant, evidence of a good-faith complaint within one year prior to the alleged act of retaliation creates a presumption that the landlord’s conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. Evidence by the landlord that legitimate costs and charges of owning, maintaining or operating a dwelling unit have increased shall be a defense against the presumption of retaliation when a rent increase is commensurate with the increase in costs and charges.
3. Notwithstanding subsections 1 and 2 of this section, a landlord may bring an action for possession if:
a. The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant’s household or upon the premises with the tenant’s consent;
b. The tenant is in default in rent; or
c. Compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit. The maintenance of the action does not release the landlord from liability under section 562A.21, subsection 2.
[C79, 81, §562A.36]
2013 Acts, ch 97, §9
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.