Iowa tenant repair rights

The landlord's duty

The landlord must follow building and housing codes, make all repairs needed to keep the home fit and habitable, keep common areas clean and safe, keep electrical, plumbing, heating, air-conditioning and appliances working, provide trash containers, and supply running water, hot water and reasonable heat. Iowa Code § 562A.15.

How to ask for repairs

Give the landlord written notice describing the problem. For serious violations affecting health and safety, your written notice can say the lease will end on a date at least 7 days after the landlord receives it if the problem is not fixed within 7 days. If the same problem comes back within 6 months, you can end the lease on 7 days' written notice. Iowa Code § 562A.21.

Repair and deduct

Limited. (1) Essential services: if the landlord deliberately or negligently fails to supply running water, hot water, heat or other essential services, you can give written notice and then buy reasonable amounts of them and deduct the actual cost from rent (§ 562A.23). (2) Other repairs, as a defense to eviction for nonpayment: if the landlord broke the lease or its repair duties under § 562A.15, you told the landlord in writing at least 7 days before rent was due that you would fix the problem at the landlord's expense, the reasonable cost was no more than one month's rent, and you had it fixed in good faith before getting a termination notice, then what you spent is subtracted from the rent the landlord claims (§ 562A.27(4)). Get legal advice before relying on this.

Withholding rent

Not as a self-help step. If the landlord sues to evict for nonpayment, you can counterclaim for the landlord's violations, and the court may order you to pay rent into court while it decides. Iowa Code § 562A.24.

Law

Iowa Code §§ 562A.15, 562A.21, 562A.23, 562A.24, 562A.27(4)

At least 24 hours' notice, and entry only at reasonable times. No notice is needed in an emergency or when notice is impracticable. Otherwise the landlord may enter only with a court order or if you abandoned or surrendered the unit. If the landlord enters unlawfully, enters in an unreasonable way, or harasses you with repeated entry demands, you can get a court order or end the lease and recover your actual damages (at least one month's rent) plus attorney fees. Iowa Code §§ 562A.19, 562A.35.

The landlord may not raise rent, cut services, or file or threaten eviction because you complained to a housing code agency, complained to the landlord about repairs, or joined a tenants' union. A good-faith complaint within 1 year before the landlord's action creates a presumption of retaliation. You can recover actual damages and attorney fees and use it as a defense. The presumption does not arise if you complained after getting notice of a rent increase or service cut, and higher costs can justify a matching rent increase. Exceptions include rent default and code problems you caused. Iowa Code § 562A.36.