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 Disclosures & Addendums
The following disclosures or addendums are either required for some or all residential lease agreements in Iowa.
- Landlord’s Name & Address – for all rental units in Iowa.
- Utility Disclosure – for all rental units with shared utility meters.
- CERCLA Disclosure – for any property listed in the CERCLA system.
- Lead Based Paint Disclosure – for rental units built prior to 1978.
There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in Iowa.
Landlord’s Name & Address
Applicable to all rental units in Iowa.
So that future legal notices and demands sent by the tenant can be properly delivered to the landlord, the name and address of either the landlord or the person authorized to act on the landlord’s behalf must be disclosed up-front (commonly done so in the lease agreement) .
Utility Disclosure
Applicable to units that share utilities or do not directly deal with the utility company.
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 tenants’ behalf, the landlord must explain the breakdown of how utilities are charged and any service fees that will be charged to the tenant as well .
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.
CERCLA (Superfund) Disclosure
Applicable to any rental property that is listed in the CERCLA system.
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 have been affected by CERCLA’s efforts, and if the property is listed in the CERCLA directory, this must be disclosed in the lease .
The following 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.
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.
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by Iowa law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Move-in Checklist – it is recommended to provide an itemized list of damages to the property before move-in to make sure tenants are responsible for any serious damages that occur during the lease term. This can be attached to the lease agreement or signed as a separate document.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. 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 .
- Asbestos Disclosure – for rental units in buildings built prior to 1981 (which are considered at-risk for asbestos), it is recommended to establish an understanding of any prior knowledge on the existence of asbestos on the property.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.
