2009 Iowa Code
Title 14 - Property
Subtitle 2 - Real Property - Gifts
CHAPTER 562A - UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW
562A.21 - NONCOMPLIANCE BY THE LANDLORD -- IN GENERAL.

        562A.21  NONCOMPLIANCE BY THE LANDLORD -- IN
      GENERAL.
         1.  Except as provided in this chapter, if there is a material
      noncompliance by the landlord with the rental agreement or a
      noncompliance with section 562A.15 materially affecting health and
      safety, the tenant may elect to commence an action under this section
      and shall deliver a written notice to the landlord 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 and the tenant shall
      surrender as provided in the notice subject to the following:
         a.  If the breach is remediable by repairs or the payment of
      damages or otherwise, and if the landlord adequately remedies the
      breach prior to the date specified in the notice, the rental
      agreement shall not terminate.
         b.  If substantially the same act or omission which
      constituted a prior noncompliance of which notice was given recurs
      within six months, the tenant may terminate the rental agreement upon
      at least seven days' written notice specifying the breach and the
      date of termination of the rental agreement unless the landlord has
      exercised due diligence and effort to remedy the breach which gave
      rise to the noncompliance.
         c.  The tenant may not terminate for a condition caused by the
      deliberate or negligent act or omission of the tenant, a member of
      the tenant's family, or other person on the premises with the
      tenant's consent.
         2.  Except as provided in this chapter, the tenant may recover
      damages and obtain injunctive relief for any noncompliance by the
      landlord with the rental agreement or section 562A.15 unless the
      landlord demonstrates affirmatively that the landlord has exercised
      due diligence and effort to remedy any noncompliance, and that any
      failure by the landlord to remedy any noncompliance was due to
      circumstances reasonably beyond the control of the landlord.  If the
      landlord's noncompliance is willful the tenant may recover reasonable
      attorney's fees.
         3.  The remedy provided in subsection 2 is in addition to any
      right of the tenant arising under subsection 1.
         4.  If the rental agreement is terminated, the landlord shall
      return all prepaid rent and security recoverable by the tenant under
      section 562A.12.  

         Section History: Early Form

         [C79, 81, § 562A.21] 

         Section History: Recent Form

         95 Acts, ch 125, §4, 5
         Referred to in § 562A.23, 562A.36