562B.11 Prohibited provisions in rental agreements.
1. A rental agreement shall not provide that the tenant or landlord does any of the following:
a. Agrees to waive or to forego rights or remedies under this chapter.
b. Agrees to pay the other party’s attorney fees.
c. Agrees to the exculpation or limitation of any liability of the other party arising under law or to indemnify the other party for that liability or the costs connected therewith.
d. Agrees to a designated agent for the sale of tenant’s mobile home.
2. If the landlord receives rental assistance payments under a rental assistance agreement administered by the United States department of agriculture under the multifamily housing rental assistance program under Tit. V of the federal Housing Act of 1949, Pub. L. No. 81-171, or receives housing assistance payments under a housing assistance payment contract administered by the United States department of housing and urban development under the housing choice voucher program, the new construction program, the substantial rehabilitation program, or the moderate rehabilitation program under section 8 of the United States Housing Act of 1937, Pub. L. No. 75-412, a rental agreement shall not contain a provision or impose a rule that requires a person to agree, as a condition of tenancy, to a prohibition or restriction on the lawful ownership, use, or possession of a firearm, a firearm component, or ammunition within the tenant’s specific rental unit. A landlord may impose reasonable restrictions related to the possession, use, or transportation of a firearm, a firearm component, or ammunition within common areas as long as those restrictions do not circumvent the purpose of this subsection. A tenant shall exercise reasonable care in the storage of a firearm, a firearm component, or ammunition. This subsection does not apply to any prohibition or restriction that is required by federal or state law, rule, or regulation.
3. A provision prohibited by this section included in a rental agreement is unenforceable. If a landlord or tenant knowingly uses a rental agreement containing provisions known to be prohibited by this chapter, the other party may recover actual damages sustained.
4. Nothing in this chapter shall prohibit a rental agreement from requiring a tenant to maintain liability insurance which names the landlord as an insured as relates to the mobile home space rented by the tenant.
[C79, 81, §562B.11]
2013 Acts, ch 30, §179; 2021 Acts, ch 35, §25, 26
Referred to in §562B.17
NEW subsection 2
Former subsection 2 amended and renumbered as 3
Former subsection 3 renumbered as 4
Structure Iowa Code
Section 562B.3 - Supplementary principles of law applicable.
Section 562B.4 - Administration of remedies — enforcement.
Section 562B.5 - Exclusions from application of chapter.
Section 562B.6 - Jurisdiction and service of process.
Section 562B.7 - General definitions.
Section 562B.8 - Unconscionability.
Section 562B.9A - Computation of time.
Section 562B.10 - Terms and conditions of rental agreement.
Section 562B.11 - Prohibited provisions in rental agreements.
Section 562B.12 - Separation of rents and obligations to maintain property forbidden.
Section 562B.13 - Rental deposits.
Section 562B.14 - Disclosure and tender of written rental agreement.
Section 562B.15 - Landlord to deliver possession of mobile home space.
Section 562B.16 - Landlord to maintain fit premises.
Section 562B.17 - Limitation of liability.
Section 562B.18 - Tenant to maintain mobile home space — notice of vacating.
Section 562B.19 - Rules and regulations.
Section 562B.21 - Tenant to occupy as a dwelling unit — authority to sublet.
Section 562B.22 - Noncompliance by the landlord.
Section 562B.23 - Failure to deliver possession.
Section 562B.25 - Noncompliance with rental agreement by tenant — failure to pay rent.
Section 562B.25A - Termination for creating a clear and present danger to others.
Section 562B.25B - Right to summon emergency assistance — waiver of rights.
Section 562B.26 - Failure to maintain by tenant.
Section 562B.27 - Remedies for abandonment — required registration.
Section 562B.27A - Method of service of notice on tenant.
Section 562B.28 - Waiver of landlord’s right to terminate.
Section 562B.30 - Periodic tenancy — holdover remedies.
Section 562B.31 - Landlord and tenant remedies for abuse of access to mobile home space.