In Iowa, landlords will often consider a month-to-month lease, or tenancy at will, when something unexpected happens, such as a contract job running longer than expected or a home sale falling through. In these cases, an Iowa month-to-month lease agreement is the perfect solution for landlords or tenants who need a little flexibility in their rental relationship.
Although month-to-month leases are common, they remain legally binding and must comply with Iowa landlord-tenant law. Below, we’ll break down everything landlords need to know about this type of residential rental agreement.
Disclosures (4)
Federal and state laws require landlords to provide tenants with certain information before a lease is signed. Including these disclosures not only keeps a lease template compliant but also ensures everyone is on the same page about important information before move-in.
- Lead-based paint: Federal law requires landlords to give tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
- Landlord identification: Leases must include the landlord’s name and contact information so tenants can contact them as needed (Iowa Code § 562A.13).
- Shared utilities: If the unit shares a utility meter with another unit or any common area, landlords must disclose how they will divide the utility costs (Iowa Code § 562A.13).
- “Superfund” sites: Iowa law says landlords must inform their tenants if the property is included in the Comprehensive Environmental Response Compensation and Liability Information System (Iowa Code § 562A.13).
Optional Disclosures and Addenda
Although Iowa law does not require landlords to include these disclosures in their leases, it’s always a good idea to include them so that your tenants are informed.
Asbestos: Informs tenants of any asbestos in the unit and provides suggestions for minimizing exposure and risk.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or adjacent units.
Late/returned check fees: Outlines the fees for late or returned rent checks. Iowa law limits late fees to $12/day (or $60/month) for rent below $700, or $20/day (or $100/month) for rent over $700. Returned check fees are capped at $30.
Medical marijuana use: Details the policy regarding the use of medical marijuana in the unit, including any limitations or restrictions.
Mold: Informs tenants of any mold present in the unit, along with treatment and remediation options. The mold disclosure also reminds tenants of their responsibility to report any new mold they find.
Non-refundable fees: Lists any non-refundable fees that landlords charge in the residential lease agreement template.
Smoking: Details the unit’s smoking policy, including any designated smoking areas on the property.
Additional Iowa Month-to-Month Lease Laws
There are additional laws that pertain to all Iowa month-to-month lease agreements. Iowa law clearly lays out everything from security deposits to terminating a tenancy at will.
Notice to Terminate a Month-to-Month Agreement
When it is time to move on from a residential rental agreement, state law dictates how and when landlords must give notice.
Required notice for tenant: Tenants must give at least 30 days’ written notice to terminate an Iowa month-to-month lease agreement (Iowa Code § 562A.34).
Required notice for the landlord: Landlords must also give at least 30 days’ written notice to terminate the arrangement (Iowa Code § 562A.34).
Laws Governing Rent Increases
Rent control and stabilization do not exist in Iowa, meaning landlords can raise rents as they see fit. While a month-to-month agreement gives landlords greater flexibility to increase rent, proper notice is still required.
Lease Violations and Eviction
Iowa law sets clear steps for landlords to take in the event of a lease violation.
Missed rent payment: If a tenant misses a rent payment, landlords may issue a 3-day Notice to Pay or Quit (Iowa Code § 562A.27).
Lease violation: For other lease violations, landlords may issue a Notice to Cure or Quit, giving their tenant time to fix the issue before terminating the agreement (Iowa Code § 562A.27).
Lease abandonment: If your tenant abandons their lease before the end of its term, landlords should attempt to re-rent it at a reasonable rate as soon as possible (Iowa Code § 562A.29).
Self-help evictions: In Iowa, self-help evictions are illegal. Landlords should never attempt to remove a tenant on their own (Iowa Code § 562A.33).
Rent Payment Laws
Iowa law also sets clear rules regarding the payment and collection of rent. Here’s what landlords need to know.
Rent control/stabilization: Rent control and stabilization do not exist in Iowa.
Late rent fees: The amount landlords may charge as a late fee depends on the rent they charge. For rent of $700 or less, landlords may charge a $12 late fee per day. If the rent exceeds $700, the amount increases to $20 per day (Iowa Code § 562A.9).
Grace period: Iowa law does not require landlords to extend a grace period for late rent payments (Iowa Code § 562A.9).
Tenant’s right to withhold rent: In Iowa, tenants have the right to withhold rent if their landlord does not make essential repairs after they receive notice (Iowa Code § 562A.27).
Pet rent laws: Landlords may charge pet rent or collect a pet deposit, as long as the amounts are reasonable and your lease template clearly states the charges.
Security Deposits
Iowa law sets clear guidelines for security deposits, including how much landlords can charge and when they must return the funds.
Maximum amount: In Iowa, landlords may charge up to 2 months’ rent as a security deposit (Iowa Code § 562A.12).
Deposit receipt: Landlords are not required to issue a receipt for their tenants’ security deposit payment.
Interest payments: If landlords choose to hold security deposit funds in an interest-bearing account, any interest accrued in the first 5 years is theirs to keep (Iowa Code §562A.12).
Security deposit return: Landlords must return your tenant’s security deposit, minus any deductions, within 30 days of lease termination (Iowa Code § 562A.12).
Deductions: Landlords can withhold funds from the security deposit to cover unpaid rent or excessive damage. If landlords withhold funds, they must provide a written statement outlining all deductions (Iowa Code § 562A.12).
Property Access Laws
On occasion, landlords will likely have to enter the unit, whether for routine maintenance or an emergency. Here’s how and when to enter to stay compliant with the law.
Advance notice: For routine maintenance or repairs, landlords must give your tenants 24 hours’ notice before entering the property (Iowa Code § 562A.19).
Immediate access: In an emergency, landlords may enter the property immediately without giving notice.
Harassment: If landlords repeatedly enter the property without giving their tenant notice or without good cause, it is often considered landlord harassment and may carry penalties (Iowa Code § 562A.15).
