§ 562A.27 — Noncompliance with rental agreement — failure to pay rent — violation of federal regulation

Iowa § 562A.27

• Jurisdiction: Iowa
• Title XIV: PROPERTY
• Ch. 562A: UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW

Text

federal regulation.
1. Except as provided in this chapter, if there is a material noncompliance by the tenant
with the rental agreement or a noncompliance with section 562A.17 materially affecting
health and safety, the landlord may deliver a written notice to the tenant specifying the acts
and omissions constituting the breach and that the rental agreement will terminate upon
a date not less than seven days after receipt of the notice if the breach is not remedied in
seven days, and the rental agreement shall terminate as provided in the notice subject to the
provisions of this section. If the breach is remediable by repairs or the payment of damages
or otherwise and the tenant adequately remedies the breach prior to the date specified in the
notice, the rental agreement shall not terminate. If substantially the same act or omission
which constituted a prior noncompliance of which notice was given recurs within six
months, the landlord may terminate the rental agreement upon at least seven days’ written
notice specifying the breach and the date of termination of the rental agreement.
2. Ifrentisunpaidwhendueandthetenantfailstopayrentwithinthreedaysafterwritten
13 UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW, §562A.27A
notice by the landlord of nonpayment and the landlord’s intention to terminate the rental
agreement if the rent is not paid within that period of time, the landlord may terminate the
rental agreement.
3. Except as provided in this chapter, the landlord may recover damages and obtain
injunctive relief for noncompliance by the tenant with the rental agreement or section
562A.17 unless the tenant demonstrates affirmatively that the tenant has exercised due
diligence and effort to remedy any noncompliance, and that the tenant’s failure to remedy
any noncompliance was due to circumstances beyond the tenant’s control. If the tenant’s
noncompliance is willful, the landlord may recover reasonable attorney fees.
4. In any action by a landlord for possession based upon nonpayment of rent, proof by
the tenant of the following shall be a defense to any action or claim for possession by the
landlord, and the amounts expended by the claimant in correcting the deficiencies shall be
deducted from the amount claimed by the landlord as unpaid rent:
a. That the landlord failed to comply either with the rental agreement or with section
562A.15; and
b. That the tenant notified the landlord at least seven days prior to the due date of the
tenant’srentpaymentofthetenant’sintentiontocorrecttheconditionconstitutingthebreach
referred to in paragraph “a” at the landlord’s expense; and
c. That the reasonable cost of correcting the condition constituting the breach is equal to
or less than one month’s periodic rent; and
d. That the tenant in good faith caused the condition constituting the breach to be
corrected prior to receipt of written notice of the landlord’s intention to terminate the rental
agreement for nonpayment of rent.
5. Notwithstanding any other provisions of this chapter, a municipal housing agency
established pursuant to chapter 403A may issue a thirty-day notice of lease termination for
a violation of a rental agreement by the tenant when the violation is a violation of a federal
regulation governing the tenant’s eligibility for or continued participation in a public housing
program. The municipal housing agency shall not be required to provide the tenant with a
right or opportunity to remedy the violation or to give any notice that the tenant has such a
right or opportunity when the notice cites the federal regulation as authority.

Legislative History

[C79, 81, §562A.27]