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Several years ago a popular song that is still heard on occasion had the following advice to someone in need of housing repairs:

THE WINDOW,  IT IS BROKEN
AND, THE RAIN IS COMING IN
IF SOMEONE DOES NOT FIX IT,
I WILL BE SOAKING TO MY SKIN
BUT IF I WAIT,  A DAY OR SO,
THE RAIN WILL GO AWAY
AND,  I DON'T NEED A WINDOW
ON A SUNNY DAY.

Most landlords make repairs in a reasonable fashion.  But what can a tenant do if the landlord doesn't make needed repairs?

Iowa law gives tenants clear and effective rights to take action when repairs are needed to keep the property safe and livable. The Iowa law provides at least four things a tenant may do when repairs are needed but the landlord fails to do what is required to make the repairs. This article will tell you the four methods.

Method one is the "I'm out of here" notice.
Method two is the "I already fixed the emergency" notice.
Method three is the "Repair and deduct" notice
Method four is the "Here comes the Judge" notice.

1. "I'm out of here" notice
   The "I'm out of here" notice has limited use. Under this method, the tenant notifies the landlord that certain repairs are necessary. The notice must say what repairs are needed. In the notice the tenant states that, unless the needed repairs are made within seven days from the date of the notice, the tenant will leave the property without further obligation to the landlord, as long as the problem is not the fault of the tenant, a member of the tenant's family, or a guest of the tenant. The repairs must be for a condition affecting the health and safety of the tenant. If the landlord does not make the needed repairs within the seven days, then the tenant may move out. The tenant is then released from owing any future rent to the landlord.
   
   This method is limited to those cases where the tenant would find it easy to just move out and into another place. That is not always the case. When the tenant cannot just pick up and leave, he or she should consider methods two, three or four to get the needed repairs.
   
2. "I already fixed the emergency" notice.
   Sometimes the repairs involve a landlord failing to fix something that results in the tenant not having "essential services." Such services include running water, hot water, heat or other essential service. In such cases, the tenant may give written notice to the landlord of the problem. Once the tenant has given written notice to the landlord about the problem, the tenant may then take whatever steps are necessary to get the essential services, as long as the problem is not the fault of the tenant, a member of the tenant's family, or a guest of the tenant.
   
   Suppose the water heater is out and the landlord knows about it, but does not fix it. Then the tenant may give the landlord a written notice that the water heater is broken and no hot water is available to the tenant. After the tenant gives that written notice to the landlord, the tenant may get the water heater fixed. If the heater cannot be fixed, the tenant may have the water heater replaced. Note that the replacement must be the same or similar to the one that is broken. The cost of repairing or replacing the water heater must be shown by a written receipt. After completing all of the necessary repair or replacement, the tenant then gives the landlord another notice. This notice should state that the problem has been fixed and tell the landlord the cost of the repair. Along with the notice should be a copy of the written receipt. The tenant may then deduct the cost of fixing the problem from the next rental payment(s) due the landlord.
   
   This method of repair is restricted to those repairs that concern only essential services. The problem must involve services that are absolutely necessary to continue living in the home. This could include no heat when the weather is cold, no toilet working, no running water, no electricity or a similar service.
   
   Be sure to check the cost of making the repair before using this method of repair. It may be that the cost of repair will be more than the amount of the next rental payment. This method is not limited to a repair costing one month's rent or less, unlike the repair and deduct method.  However, the landlord may not agree with what the tenant has done, so there may be no easy way to get the money from the landlord except to deduct the money from the rent each month as it becomes due.  Meanwhile, the person who made the repair will no doubt expect to be paid.
   
   If the repairs concern an item that needs fixing, but the repair can wait a reasonable time, repair method III or IV should be considered.
   
3. "Repair and deduct" method
   Under the "repair and deduct" method, the tenant can have items repaired if the problem violates  the rental agreement, or the livability section of Iowa's landlord-tenant law (Iowa Code 562A.15).  This could involve items such as compliance with a building code that relates to health and safety. It could involve the plumbing system, the electrical system or just an outlet, or the sewer system. Other such problems could be the heating and/or the air-conditioning system, a non-working appliance, garbage pickup, window repair, or entrance door repair. It can be any other defect where the landlord is responsible for repairs. This would not include items such as painting or decorating. 
   
   The tenant first needs to give the landlord a chance to fix the problem.  It is always a good idea to let the landlord know about the problem in writing.  Make sure the paper is dated, and be sure and keep a copy for yourself, to prove that the landlord was notified about the repair, but didn't fix it.  Otherwise, the landlord may say he or she could not be expected to fix something when the tenant didn't tell him or her that it needed repair.  
   
   If the repair is not made, the first step is to give the landlord a written notice. This notice needs to spell out what repairs are needed. The notice must be delivered to the landlord at least seven days before the next rental payment is due. The notice tells the landlord that the tenant will deduct the cost of the repair from the next month's rent. The cost of correcting the problem cannot be more than one month's rent.  For this reason, the tenant should be sure and get a careful estimate from the repair person. 
   The second step is to have the repair done.  It is best to have someone else do the work, even if you could do it yourself.  But if you do the work yourself, you must be sure to keep careful records of the time put in and the materials you bought.  You should have receipts for anything you buy.
   
   The third step is to deduct the cost from the next month's rent.  You will want to give the landlord a copy of your receipts, keeping the originals for yourself.  The repair should be completed before the landlord would send a notice of nonpayment of rent. 
   
   Sometimes several repairs are needed. If the cost is more than one moth's rent, the tenant could do one item per month.  The tenant would want to make sure that the cost of each one is no more than one month's rent, and that a new 7-day notice is sent each month.  Also, if several different tenants wanted to get together and use their rent to fix a common problem, such as a furnace that heats several apartments, they could all use the "repair and deduct" method, and maybe have enough money to handle the repair.  They should all be sure and give the seven-day notice to the landlord.
   
4. "Here comes the Judge" Method
   Sometimes the repair may be too big for a tenant to handle with the methods described above.  For example, if the rental unit has no heat in the winter because the heating system needs to be replaced, most tenants cannot afford to pay for such a repair, even if they could deduct the cost from the rent over time.  Also, some repair persons may not want to get involved with big repairs without the consent of the owner.  What can be done in such situations? 
   
   One possibility is to call the rental housing inspector for your city.  Many cities have a rental housing code, and inspectors to enforce it.  If there is a serious violation, the city inspector may order the landlord to fix it quickly.  If the landlord doesn't fix it, the city may take him to court, or fine him.  However, if the city inspector finds really bad housing problems, and the landlord refuses to fix them, the inspector may say that the rental unit is unfit to live in.  In those cases, the tenants may have to move out.    
   
   If there is no housing inspector for your city, or if you are afraid the city may make you move out because the place is in bad shape, you may instead want to file a law suit. The law suit is based on the responsibility of the landlord to keep the rental property in good, livable and safe condition.  If the judge decides that the landlord has not lived up to his duties in an important way, and that the tenants are hurt by it, the judge may give an order making the landlord fix things.

The landlord can't get back at the tenant for asking for repairs.

Under all of these methods of repair, the landlord may not retaliate against (get back at) the tenant by raising the rent, trying to evict the tenant, or reducing services.  If the landlord tries to do that within one year of the tenant's making a complaint about repairs, the law assumes that the landlord is trying to get back at the tenant.  The landlord would then have to show some other reason for taking the action.  However, if a tenant has not paid the rent, the law doesn't assume the landlord is retaliating if the landlord tries to evict the tenant.

Any tenant with problems involving an eviction, or other landlord/tenant law questions should see an attorney for advice.  To find out the number of the Iowa Legal Aid office serving your area, call 1-800-532-1275.