§ 562B.32 — Retaliatory conduct prohibited

Iowa § 562B.32

• Jurisdiction: Iowa
• Title XIV: PROPERTY
• Ch. 562B: MANUFACTURED HOME COMMUNITIES OR MOBILE HOME PARKS RESIDENTIAL LANDLORD AND TENANT LAW

Text

1. Except as provided in this section, a landlord shall not retaliate by increasing rent or
decreasing services or by bringing or threatening to bring an action for possession or by
failing to renew a rental agreement after any of the following:
a. The tenant has complained to a governmental agency charged with responsibility for
enforcementofabuildingorhousingcodeofaviolationapplicabletothemanufacturedhome
community or mobile home park materially affecting health and safety. For this subsection
to apply, a complaint filed with a governmental body must be in good faith.
b. The tenant has complained to the landlord of a violation under section 562B.16.
c. The tenant has organized or become a member of a tenant’s union or similar
organization.
d. For exercising any of the rights and remedies pursuant to this chapter or chapter 216.
2. If the landlord acts in violation of subsection 1 of this section, the tenant is entitled to
the remedies provided in section 562B.24 and has a defense in an action for possession. In an
action by or against the tenant, evidence of a complaint within one year prior to the alleged
act of retaliation creates a presumption that the landlord’s conduct was in retaliation. The
presumption does not arise if the tenant made the complaint after notice of termination of
the rental agreement. For the purpose of this subsection, “presumption” means that the trier
of fact must find the existence of the fact presumed unless and until evidence is introduced
which would support a finding of its nonexistence.
3. Notwithstanding subsections 1 and 2 of this section, a landlord may bring an action for
possession if either of the following occurs:
a. The violation of the applicable building or housing code was caused primarily by lack
of reasonable care by the tenant or other person in the household or upon the premises with
the tenant’s consent.
b. The tenant is in default of rent three days after rent is due. The maintenance of the
action does not release the landlord from liability under section 562B.22, subsection 2.

Legislative History

[C79, 81, §562B.32; 82 Acts, ch 1100, §25]