§ 562B.8 — Unconscionability

Iowa § 562B.8

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

Text

1. If the court, as a matter of law, finds that:
a. A rental agreement or any provision thereof was unconscionable when made, the court
§562B.8, MANUFACTURED OR MOBILE HOME LANDLORD AND TENANT LAW 4
may refuse to enforce the agreement, enforce the remainder of the agreement without the
unconscionable provision, or limit the application of any unconscionable provision to avoid
an unconscionable result.
b. A settlement in which a party waives or agrees to forego a claim or right under this
chapter or under a rental agreement was unconscionable at the time it was made, the court
may refuse to enforce the settlement, enforce the remainder of the settlement without the
unconscionable provision, or limit the application of any unconscionable provision to avoid
any unconscionable result.
2. If unconscionability is put into issue by a party or by the court upon its own motion
the parties shall be afforded a reasonable opportunity to present evidence as to the setting,
purpose and effect of the rental agreement or settlement to aid the court in making the
determination.

Legislative History

[C79, 81, §562B.8]