Iowa Landlord Tenant Law and the 2008 Floods
by: Iowa Legal Aid
In a disaster, time can seem to move both too slow for some things and too fast for others. Tenants who have been affected by the floods in Iowa have some options. If it is safe to stay, they can continue with the lease. If it is not, they can end it and move. There are special things that a tenant has to do, whether continuing with the lease or ending it, but there are important deadlines you must know.
The Proper Way to End Your Lease:
The 14 Day Deadline
If the home that you rent is not safe to live in, or is damaged so that you cannot use much of the home, or is destroyed, you must act quickly. If you want to end your lease and move, you need to write to your landlord.
The letter needs to be written, mailed (or handed) to your landlord within 14 days of evacuating the home. The letter should say why you have been forced to move from the home, and when you left. If a deposit was paid when you moved into the home, you need to give the landlord an address where the landlord can mail the deposit. If you have already paid rent for the month, you can get a partial refund. The refund would be from the time the disaster made your home unlivable to the end of the month.
A copy of the letter must be kept for your records.
Your landlord can deduct certain amounts from your security deposit. This could include things like past due rent. The cost of repairing the flood damage should not be deducted from the deposit, unless the tenant, in some way, caused or knowingly allowed the damage to take place. The refund should be sent to you within 30 days.
The Tenant Can Provide His or Her Own "Essential Services," When it Is Lawful to Stay, If the Landlord Fails to Do So.
If the tenant wants to live in the rental home, and it is lawful, the landlord can be asked to provide essential services. The law requires that the landlord keep a home in a fit and habitable condition. Due to flooding there may be major damage to the structure, electrical system, plumbing, and other essentials. All requests to provide essential services in the home should be put in writing.
A copy of the letter must be kept for your records.
If the landlord refuses to make the repairs to the essential items, then the tenant is allowed to get the essential service and deduct this from the rent. Iowa law does not limit the amount that can be deducted from the rent in order to get essential services. You should consult a lawyer to help figure out what is an "essential service," before you deduct the cost from your rent.
All receipts must be kept. You should be ready to provide a copy of the receipts to the landlord along with the part of the rent that you do pay.
The Tenant Can Ask That the Landlord Make Repairs When it Is Lawful to Stay. The Tenant Can Make His/her Own Repairs If the Landlord Fails to Make the Repairs.
If the repairs that need to be done are not essential, the tenant may still be able to get the repairs completed. The tenant must tell the landlord in writing at least 7 days before rent is due, that the repairs are needed and that they will be completed by the tenant with the costs deducted from the rent if they are not timely performed. The repair cannot be for an amount more than one month's rent. Iowa law does not set a specific time period for the tenant to allow the landlord to make the repairs.
A copy of the letter must be kept for your records.
If you make the repairs, all receipts must be kept. You should be ready to provide a copy of the receipts to the landlord with the part of the rent that you do pay.
If it Is Lawful to Remain in the Home, but Your Use Has Been Substantially Limited, You May Be Able to Reduce Your Rent.
If the tenant wants (or has no other option) to live in the rental home, and it is lawful, there may still be an option. Even if the tenant has no money to make the repairs on his/her own, the rent due to the landlord may be reduced. This option can be very risky because a judge may not agree with your decision to only pay part of the rent.
If your use of the home is substantially limited due to flood damage, then the tenant is only responsible for the fair market value of the portion of the home that is able to be used. The change in the amount of rent owed is as of the date the damage took place.
If your home is uninhabitable, you may have a legal argument that you do not owe any rent. If the fair market rental value of the home is 0, then you may not owe any rent.
It is very important to document, in writing to the landlord, the condition of the home. Pictures of the condition of the home would be very useful if the landlord tries to evict for nonpayment of rent. In court the tenant must show that the fair market rental value was less to justify the reduction in rent due and owing to the landlord. If possible, you should hold on to the amount of rent that you did not pay. The court may require the payment be made to the clerk of court to stop an eviction action for nonpayment of rent.
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