The Iowa residential lease agreement (“rental agreement”) outlines the conditions of the residential use of real estate in exchange for rent payments. The landlord will usually have a tenant fill out an application before signing a lease to make sure they are qualified to pay the rent amount each month.
Iowa Lease Agreement Disclosures
The below disclosures are required for some or all residential lease agreements in Iowa.
| Disclosure | Applicable to |
|---|---|
| Landlord’s Name/Address | All Units |
| Shared Utility Meter | All Units with Shared Utility Meters |
| CERCLA | All Units in CERCLA System |
| Lead Paint | All Units Built Prior to 1978 |
Landlord’s Name & Address
Applicable to all rental units in Iowa.
Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address) within or alongside the lease. This information should be provided at or before the commencement of the tenancy. Additionally, the tenant should be notified immediately if there are any changes in contact information.
Shared Utility Meter Disclosure
Applicable to units that share utility meters in Iowa.
If the utilities supplied to the dwelling unit are shared with another unit or common area and the utilities are paid by the landlord on the tenants’ behalf, the landlord must explain the breakdown of how utilities are charged and any service fees that will be charged to the tenant. If the tenant pays the utility company directly, this section does not apply.
The following notice is an example of sufficient disclosure:
UTILITIES: This rental unit shares the following utilities with another unit or common area:
[ ] Electricity
[ ] Water
[ ] Gas
[ ] Sewage
[ ] Other: _________________________________________This lease uses the following method for calculating utility charges between Tenant(s):
[ ] Home Square Footage
[ ] Number of Tenants
[ ] Even Split Between Tenants
[ ] Other:___________________________________________________________Tenant agrees to pay the monthly utility charge to Landlord, plus a $__ service charge as part of each month’s rental payment.
Download: Iowa Shared Utility Disclosure Form (PDF)
CERCLA (Superfund) Disclosure
Applicable to rental properties that are listed in the CERCLA system in Iowa.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund” aims to reduce pollutants and contaminants in the environment. Some properties in Iowa are located and listed in the CERCLA directory and must be disclosed in the rental agreement.
The below notice is an example of sufficient disclosure:
CERCLA (SUPERFUND) DISCLOSURE. According to the Environmental Protection Agency, this property is included in the “Superfund” system and may have been exposed to toxic contaminants and pollutants in the past.
Download: Iowa CERCLA/Superfund Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Iowa to:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: Iowa Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The below lease agreement disclosures and addendums are not required by Iowa law. These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.
| Optional Disclosure | How the Disclosure is Helpful |
|---|---|
| Asbestos | This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. |
| Bed Bugs | If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord. |
| Late/Returned Check Fees | Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. Iowa limits late fees up to $12 per day or $60 per month for rent below $700, and $20 per day or $100 per week for rents over $700. Returned checks fees may be assessed up to $30. |
| Medical Marijuana Use | Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
| Mold Disclosure | Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages. |
| Move-in Checklist | A move-in checklist holds the tenant accountable for future damages that they may cause. |
| Non-Refundable Fees | A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease. |
| Smoking | Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
Consequences of Not Including Mandatory Disclosures
Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.
If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)
It’s best to check with your local and state laws on which disclosures you must provide to your tenant.
Sources
- 1 IA Code § 562A.13(1)(2) (2019)
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…1. The landlord or a person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
a. The person authorized to manage the premises.
b. An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
2. The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against a successor landlord, owner, or manager…
- 2 IA Code § 562A.13(4) (2019)
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…4. The landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall fully explain utility rates, charges and services to the prospective tenant before the rental agreement is signed unless paid by the tenant directly to the utility company…
- 3 IA Code § 562A.13(6) (2019)
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…6. The landlord or a person authorized to enter into a rental agreement on behalf of the landlord shall disclose to each tenant in writing before the commencement of the tenancy if the property is listed in the comprehensive environmental response compensation and liability information system maintained by the federal environmental protection agency…
- 4 IA Code § 562A.9 (2019)
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…4. For rental agreements in which the rent does not exceed seven hundred dollars per month, a rental agreement shall not provide for a late fee that exceeds twelve dollars per day or a total amount of sixty dollars per month. For rental agreements in which the rent is greater than seven hundred dollars per month, a rental agreement shall not provide for a late fee that exceeds twenty dollars per day or a total amount of one hundred dollars per month…
- 5 IA Code § 554.3512 (2019)
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…1. The holder of a dishonored check, draft, or order may assess against the maker of that check, draft, or order a surcharge not to exceed thirty dollars…
