2009 Iowa Code
Title 14 - Property
Subtitle 2 - Real Property - Gifts
CHAPTER 562A - UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW
562A.23 - WRONGFUL FAILURE TO SUPPLY HEAT, WATER, HOT WATER OR ESSENTIAL SERVICES.

        562A.23  WRONGFUL FAILURE TO SUPPLY HEAT, WATER, HOT
      WATER OR ESSENTIAL SERVICES.
         1.  If contrary to the rental agreement or section 562A.15 the
      landlord deliberately or negligently fails to supply running water,
      hot water, or heat, or essential services, the tenant may give
      written notice to the landlord specifying the breach and may:
         a.  Procure reasonable amounts of hot water, running water,
      heat and essential services during the period of the landlord's
      noncompliance and deduct their actual and reasonable cost from the
      rent;
         b.  Recover damages based upon the diminution in the fair
      rental value of the dwelling unit; or
         c.  Recover any rent already paid for the period of the
      landlord's noncompliance which shall be reimbursed on a pro rata
      basis.
         2.  If the tenant proceeds under this section, the tenant may not
      proceed under section 562A.21 as to that breach.
         3.  The rights under this section do not arise until the tenant
      has given notice to the landlord or if the condition was 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
      consent of the tenant.  
         Section History: Early Form
         [C79, 81, § 562A.23]

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