An Iowa lease agreement lays the groundwork for everything you’ll need for a successful rental relationship. From Des Moines to Cedar Rapids, the right lease agreement will help set expectations, outline responsibilities, and protect your property, while also making sure that you are following all state laws.
Disclosures (4)
In Iowa, there are certain disclosures that landlords must provide to tenants before move-in. These disclosures are more than just a formality or additional paperwork; instead, they provide tenants with key information and help ensure your compliance with local and state laws.
- Lead-based paint: Federal law requires that landlords disclose known information about lead-based paint and its hazards before the lease of most homes built before 1978.
- Landlord identification: Landlords must disclose their contact information, including address and phone number, so that tenants can easily get in contact if needed (Iowa Code § 562A.13).
- Shared utilities: Iowa landlords must disclose if tenants are responsible for paying for utilities that service more than one unit (Iowa Code § 562A.13).
- “Superfund” sites: Landlords must disclose if the property appears in the Comprehensive Environmental Response, Compensation, and Liability Information System (Iowa Code § 562A.13).
Optional Disclosures and Addenda
Iowa law does not require every disclosure, but including them can help reduce conflicts or confusion later. Landlords should consider these proactive steps to strengthen their lease.
Asbestos: Informs tenants of any asbestos-related hazards that are on-site, as well as tips to reduce risk.
Bed bugs: Informs tenants of any history of bed bug infestations in the unit or adjacent units.
Late/returned check fees: Outlines fees associated with late rent and returned checks. In Iowa, late fees are limited to $12 per day (or $60 per month) for rent below $700, or $20 per day (or $100 per week) for rent above $700. Returned check fees are limited to $30.
Medical marijuana use: Informs tenants of the policy regarding the use of medical marijuana in the unit.
Mold disclosure: Discloses any known or suspected mold issues in the unit, as well as remediation options.
Move-in checklist: Outlines the current state of the unit at move-in, including any damages. This checklist is also used at move-out to determine deductions.
Non-refundable fees: Informs tenants of any non-refundable fees associated with the lease. Any fees not agreed to by the tenant may be refundable at move-out.
Smoking: Outlines the smoking policy for the unit and property, including any designated smoking areas.
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures are in place to provide tenants with essential information regarding their health and safety, as well as key details about the property. A landlord who fails to include mandatory disclosures along with their Iowa lease agreement faces several consequences, including legal penalties or monetary fines. They may also face civil lawsuits from the tenant.
Security Deposit Regulations in Iowa
Iowa has clear regulations surrounding security deposits, including the amount landlords may charge, the handling of security deposit funds, and other related details. Following these regulations helps make sure you remain compliant with state laws.
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 provide tenants with a receipt for their security deposit.
Interest payments: Iowa landlords are allowed to hold the security deposit funds in an interest-bearing account and may keep the interest payments for up to 5 years of the tenant’s tenancy (Iowa Code §562A.12).
Security deposit return: Landlords must return a tenant’s security deposit, minus any deductions, within 30 days of the lease termination (Iowa Code § 562A.12).
Deductions: Landlords must outline deductions clearly in a written statement that justifies withholding the funds (Iowa Code § 562A.12).
Rent Payment Regulations
Collecting rent may sound straightforward, but landlords must still follow several regulations. Iowa has specific guidelines regarding late fees, grace periods, and more.
Rent control/stabilization: Rent control and stabilization do not exist in Iowa.
Late rent fees: Iowa landlords may charge up to $12 per day for monthly rent up to $700, or $20 per day if the monthly rent is more than $700 (Iowa Code § 562A.9)
Grace period: Iowa does not require a grace period for late payments; however, you may include one in your Iowa lease agreement (Iowa Code § 562A.9).
Tenant’s right to withhold rent: If the landlord does not make necessary repairs, Iowa tenants are allowed to withhold rent (Iowa Code § 562A.27).
Violations
Even with a solid Iowa lease agreement in place, rental agreement violations can happen. State laws outline the actions landlords can take when a tenant violates the lease, enabling you to respond effectively and legally.
Lease violation: If the tenant violates any of their lease terms, the landlord may issue a written notice to remedy the breach or face eviction (Iowa Code § 562A.27).
Missed rent payment: In the event of a missed rent payment, the landlord may issue a 3-day Notice to Pay before terminating the Iowa lease agreement (Iowa Code § 562A.27).
Lease abandonment: If a tenant abandons their lease, the landlord should try to re-rent the unit at a reasonable rate (Iowa Code § 562A.29).
Self-help evictions: In Iowa, self-help evictions, such as changing the locks or turning off utilities, are illegal (Iowa Code § 562A.33).
Terminating a Lease
Whether you or your tenant terminates the lease, Iowa requires either party to give proper notice. Understanding these rules can help ensure a smooth transition with no surprises.
Standard lease: Tenants may terminate their standard lease if the landlord fails to fulfill their responsibilities, with appropriate notice given to the landlord before termination (Iowa Code § 562A.27).
Month-to-month: With a month-to-month lease, either party may terminate the rental agreement by providing 30 days’ written notice (Iowa Code § 562A.34).
Property abandonment: Iowa landlords must follow state laws for handling property left behind by a tenant after move-out (Iowa Code § 556).
Renewing a Lease
Iowa lease agreement renewals can be straightforward, but there are still rules that must be adhered to. A transparent process helps to retain good tenants while also avoiding any confusion.
Notice requirements: For a fixed-term Iowa lease agreement, landlords are not required to provide any notice if they do not renew the agreement. However, for a month-to-month lease agreement, the landlord must give 30 days’ written notice to the tenant (Iowa Code § 562A.34).
Renewals: Iowa landlords are not required to renew a tenant’s lease agreement, unless otherwise stated in the original lease (Iowa Code § 562A.9).
Landlord’s Access to Property
Occasionally, landlords need to access their rental properties, whether for routine maintenance or in the event of an emergency. Iowa law balances tenants’ privacy with your need to maintain your property. Knowing when and how to enter is key to remaining compliant and building a positive relationship with your tenants.
Immediate access: If there is an emergency that threatens the state of the property, landlords may enter immediately without giving tenants any notice (Iowa Code § 562A.19).
Notice requirements: For routine maintenance or other non-emergency situations, landlords must give at least 24 hours’ notice before entering the unit (Iowa Code § 562A.19).
Harassment: In Iowa, tenants have the right to quiet enjoyment of their home. If a landlord enters the unit repeatedly or without good reason, the law may treat it as harassment and impose penalties (Iowa Code § 562A.15).
