2009 Iowa Code
Title 14 - Property
Subtitle 2 - Real Property - Gifts
CHAPTER 562A - UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW
562A.24 - LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION FOR POSSESSION OR RENT.

        562A.24  LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION
      FOR POSSESSION OR RENT.
         1.  In an action for possession based upon nonpayment of the rent
      or in an action for rent where the tenant is in possession, the
      tenant may counterclaim for an amount which the tenant may recover
      under the rental agreement or this chapter.  In that event the court
      from time to time may order the tenant to pay into court all or part
      of the rent accrued and thereafter accruing, and shall determine the
      amount due to each party.  The party to whom a net amount is owed
      shall be paid first from the money paid into court, and the balance
      by the other party.  If rent does not remain due after application of
      this section, judgment shall be entered for the tenant in the action
      for possession.  If the defense or counterclaim by the tenant is
      without merit and is not raised in good faith the landlord may
      recover reasonable attorney's fees.
         2.  In an action for rent where the tenant is not in possession,
      the tenant may counterclaim as provided in subsection 1, but the
      tenant is not required to pay any rent into court.  
         Section History: Early Form
         [C79, 81, § 562A.24]
         Referred to in § 648.19

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