562A.27A Termination for creating a clear and present danger to others. 1. Notwithstanding section 562A.27 or 648.3, if a tenant has created or maintained a threat constituting a clear and present danger to the health or safety of other tenants, the landlord, the landlord’s employee or agent, or other persons on or within one thousand […]
562A.27B Right to summon emergency assistance — waiver of rights. 1. a. A landlord shall not prohibit or limit a resident’s or tenant’s rights to summon law enforcement assistance or other emergency assistance by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency. b. A […]
562A.28 Failure to maintain. If there is noncompliance by the tenant with section 562A.17, materially affecting health and safety, that can be remedied by repair or replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within seven days after written notice […]
562A.29 Remedies for absence, nonuse and abandonment. 1. If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence as provided in section 562A.20, and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. 2. During an absence of the tenant […]
562A.29A Method of service of notice on tenant. 1. A written notice of termination required under section 562A.27, subsection 1, 2, or 5, a notice of termination and notice to quit required under section 562A.27A, a landlord’s written notice of termination to the tenant required under section 562A.34, subsection 1, 2, or 3, or a […]
562A.3 Supplementary principles of law applicable. Unless displaced by the provisions of this chapter, the principles of law and equity in this state, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating […]
562A.30 Waiver of landlord’s right to terminate. 1. Acceptance of performance by the tenant that varies from the terms of the rental agreement or rules subsequently adopted by the landlord constitutes a waiver of the landlord’s right to terminate the rental agreement for that breach. 2. Nothing in this section shall prohibit a landlord from […]
562A.31 Landlord liens — distress for rent. 1. A lien on behalf of the landlord on the tenant’s household goods is not enforceable unless perfected before January 1, 1979. 2. Distraint for rent is abolished. [C79, 81, §562A.31]
562A.32 Remedy after termination. If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney fees as provided in section 562A.27. [C79, 81, §562A.32] Referred to in §648.19
562A.33 Recovery of possession limited. A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in case of abandonment, surrender, or as permitted […]
562A.34 Periodic tenancy — holdover remedies. 1. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice. 2. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to […]
562A.35 Landlord and tenant remedies for abuse of access. 1. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney fees. 2. If the landlord makes an unlawful entry or a […]
562A.36 Retaliatory conduct prohibited. 1. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after: a. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of […]
562A.37 Applicability. This chapter shall apply to rental agreements entered into or extended or renewed after January 1, 1979. [C79, 81, §562A.37]
562A.4 Administration of remedies — enforcement. 1. The remedies provided by this chapter shall be administered so that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages. 2. A right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different […]
562A.5 Exclusions from application of chapter. Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: 1. Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service. 2. Occupancy under a contract of sale […]
562A.6 General definitions. Subject to additional definitions contained in subsequent articles of this chapter which apply to specific articles or its parts, and unless the context otherwise requires, in this chapter: 1. “Building and housing codes” include a law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or […]
562A.7 Unconscionability. 1. If the court, as a matter of law, finds that: a. A rental agreement or any provision of it was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of an unconscionable provision to avoid an […]
562A.8 Notice. 1. Notices required under this chapter, except those notices identified in section 562A.29A, shall be served as follows: a. A landlord shall serve notice on a tenant by one or more of the following methods: (1) Hand delivery to the tenant. (2) Delivery evidenced by an acknowledgment of delivery that is signed and […]
562A.8A Computation of time. The calculation of all time periods required under this chapter shall be made in accordance with section 4.1, subsection 34. 99 Acts, ch 155, §6, 14
