Quick Facts | Answer |
Acceptable Deductions | Unpaid rent
Costs of damage Eviction expenses Unpaid fees outlined in the lease |
Return Deadline | 30 Days |
Itemized Deductions | Required |
Penalty for Late Return | Deposit + 2x Rent + Actual Damages + Attorneys’ Fees |
For laws on security deposit collections and holdings in Iowa, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Iowa
In Iowa, the following can be deducted from security deposits:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Eviction expenses and other costs to acquire possession
- Unpaid funds or fees outlined in the lease (e.g. utilities, late fees)
Most states, including Iowa, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If the cost of the damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Iowa?
“Normal wear and tear” is damage and deterioration to a property that happens over time using an ordinary and reasonable level of care. Normal wear and tear includes things like:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
“Excessive damage” means any careless, reckless, or intentional damage that occurs because of someone on the property with the tenant’s permission. Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Iowa?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Iowa?
Iowa landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Iowa?
Landlords in Iowa can charge a cleaning fee if tenants cause damage that requires cleaning such as wine stains. Landlords cannot charge routine cleaning fees, like steam cleaning the carpet after every tenancy.
Can the Landlord Charge for Painting in Iowa?
Iowa landlords can charge for painting, except for normal wear and tear. For example, a landlord might be able to charge for:
- Damage to the paint beyond normal wear and tear
- Tenant repainting without the landlord’s consent
- Tenant repainting with consent, but not doing the work to a professional standard
Normal paint wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint.
Landlords can charge for repainting if the damage is not the result of ordinary care. This includes stains, large or deep scratches, and water damage.
Can a Security Deposit Be Used for Last Month’s Rent in Iowa?
Iowa law does not forbid the security deposit from being used for any outstanding rent.
Landlords can include a provision in the lease agreement that the security deposit cannot be used for the last month’s rent until the tenant vacates the rental unit.
Security Deposit Returns in Iowa
Landlords must return a security deposit with a written statement of deductions, if any, by mail to the tenant’s forwarding address no later than 30 days after the lease term ends and the tenant provides their forwarding address or delivery instructions.
How Long Do Landlords Have to Return Security Deposits in Iowa?
Iowa landlords have 30 days after the lease term ends and the tenant provides their forwarding address or delivery instructions to return any remaining portion of a security deposit.
If a tenant fails to provide a forwarding address or delivery instructions within one year after the lease term ends, they forfeit their right to the deposit.
Do Landlords Owe Interest on Security Deposits in Iowa?
Landlords in Iowa are not required to hold security deposits in interest-bearing accounts. If they choose to do so, the interest that accrues during the first five years of the tenancy belongs to the landlord.
If a security deposit is held in an interest-bearing account for more than five years, any interest that accrues during the sixth and later years belongs to the tenant.
How Do Landlords Give Notice in Iowa?
If deductions are to be made from the security deposit, a written statement of deductions must be sent by mail to the tenant’s forwarding address.
Security Deposit Disputes in Iowa
If landlords in bad faith fail to return the security deposit or provide a written statement of deductions, if any, within the required time period, tenants can file for the return of the security deposit plus damages in court up to twice the monthly rental payment plus actual damages and reasonable attorney fees.
Tenants can also take legal action against a landlord for:
- Deductions that are not mentioned in the lease agreement
- Failure to hold the security deposit in a financial account
- Unreasonable deductions
How Can Tenants File a Dispute for a Security Deposit in Iowa?
If a landlord fails to perform their obligations regarding a security deposit, the tenant can file a dispute in Small Claims Court if the amount of damages is less than $6,500. If the amount is greater, the tenant must file a civil case in the District Court.
A small claims case regarding the return of a security deposit must be filed within 5 or 10 years depending on whether the lease agreement was oral or written.
Cases are filed in the Small Claims Court in the county where the property is located. An attorney is not required but permitted. The filing fee is $95 plus the cost of service.
Sources
- 1 Iowa Code § 562A.12(3)
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a. A landlord shall, within thirty days from the date of termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions, return the rental deposit to the tenant or furnish to the tenant a written statement showing the specific reason for withholding of the rental deposit or any portion thereof. If the rental deposit or any portion of the rental deposit is withheld for the restoration of the dwelling unit, the statement shall specify the nature of the damages. The landlord may withhold from the rental deposit only such amounts as are reasonably necessary for the following reasons:
(1) To remedy a tenant’s default in the payment of rent or of other funds due to the landlord pursuant to the rental agreement.
(2) To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted.
(3) To recover expenses incurred in acquiring possession of the premises from a tenant who does not act in good faith in failing to surrender and vacate the premises upon noncompliance with the rental agreement and notification of such noncompliance pursuant to this chapter.
b. In an action concerning the rental deposit, the burden of proving, by a preponderance of the evidence, the reason for withholding all or any portion of the rental deposit shall be on the landlord.
Source Link - 2 Iowa Code § 562A.12(4)
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A landlord who fails to provide a written statement within thirty days of termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions shall forfeit all rights to withhold any portion of the rental deposit. If no mailing address or instructions are provided to the landlord within one year from the termination of the tenancy the rental deposit shall revert to the landlord and the tenant will be deemed to have forfeited all rights to the rental deposit.
Source Link - 3 Iowa Code § 562A.12(2)
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All rental deposits shall be held by the landlord for the tenant, who is a party to the agreement, in a bank or savings and loan association or credit union which is insured by an agency of the federal government. Rental deposits shall not be commingled with the personal funds of the landlord. Notwithstanding the provisions of chapter 543B, all rental deposits may be held in a trust account, which may be a common trust account and which may be an interest-bearing account. Any interest earned on a rental deposit during the first five years of a tenancy shall be the property of the landlord.
Source Link - 4 Iowa Code § 562A.12(6) - (8)
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6. Upon termination of the landlord’s interest in the dwelling unit, the landlord’s successor in interest shall have all the rights and obligations of the landlord with respect to the rental deposits, except that if the tenant does not object to the stated amount within twenty days after written notice to the tenant of the amount of rental deposit being transferred or assumed, the obligations of the landlord’s successor to return the deposit shall be limited to the amount contained in the notice. The notice shall contain a stamped envelope addressed to the landlord’s successor.
7. The bad-faith retention of a deposit by a landlord, or any portion of the rental deposit, in violation of this section shall subject the landlord to punitive damages not to exceed twice the monthly rental payment in addition to actual damages.
8. The court may, in any action on a rental agreement, award reasonable attorney fees to the prevailing party.
Source Link - 5 Iowa Code § 631.1(1)
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The following actions or claims are small claims and shall be commenced, heard and determined as provided in this chapter:
a. A civil action for a money judgment where the amount in controversy is five thousand dollars or less for actions commenced before July 1, 2018, exclusive of interest and costs.
b. A civil action for a money judgment where the amount in controversy is six thousand five hundred dollars or less for actions commenced on or after July 1, 2018, exclusive of interest and costs.
Source Link