562B.8 Unconscionability.
1. If the court, as a matter of law, finds that:
a. A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.
b. A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid any unconscionable result.
2. If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.
[C79, 81, §562B.8]
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.