2009 Iowa Code
Title 14 - Property
Subtitle 2 - Real Property - Gifts
CHAPTER 562A - UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW
562A.36 - RETALIATORY CONDUCT PROHIBITED.

        562A.36  RETALIATORY CONDUCT PROHIBITED.
         1.  Except as provided in this section, a landlord may not
      retaliate by increasing rent or decreasing services or by bringing or
      threatening to bring  an action for possession after:
         a.  The tenant has complained  to a governmental agency
      charged with responsibility for enforcement of a building or housing
      code of a violation applicable to the premises materially affecting
      health and safety;
         b.  The tenant has complained to the landlord of a violation
      under section 562A.15; or
         c.  The tenant has organized or become a member of a tenants'
      union or similar organization.
         2.  If the landlord acts in violation of subsection 1 of this
      section, the tenant may recover from the landlord the actual damages
      sustained by the tenant and reasonable attorney's fees, and has a
      defense in action against the landlord for possession.  In an action
      by or against the tenant, evidence of a good faith 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 a proposed rent increase or diminution of services.
      Evidence by the landlord that legitimate costs and charges of owning,
      maintaining or operating a dwelling unit have increased shall be a
      defense against the presumption of retaliation when a rent increase
      is commensurate with the increase in costs and charges.
      "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:
         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 tenant's household or upon the premises with the
      tenant's consent;
         b.  The tenant is in default in rent; or
         c.  Compliance with the applicable building or housing code
      requires alteration, remodeling, or demolition which would
      effectively deprive the tenant of use of the dwelling unit.  The
      maintenance of the action does not release the landlord from
      liability under section 562A.21, subsection 2.  

         [C79, 81, § 562A.36]