Tenant Defenses to Evictions in Iowa

A landlord can evict a tenant in Iowa for a variety of reasons, the most common of which are failing to pay rent or violating the lease or rental agreement. The tenant may have at least one defense available with which to challenge the eviction.

This article will examine the most common grounds for eviction in Iowa, along with their corresponding defenses.

Grounds for Eviction in Iowa

Iowa has adopted the Uniform Residential Landlord and Tenant Act to govern the relationship between landlords and tenants. The act sets forth all the rules and regulations landlords and tenants must follow when renting property, including when and how a landlord can evict a tenant.

In Iowa, a landlord can terminate a tenancy for:

• failing to pay rent for three days after the due date
• creating a danger to the landlord, other tenants, or neighbors
• breaking a material term of the lease or rental agreement, or
• not maintaining the rental unit in a safe and sanitary condition.

(Iowa Code §§ 562A.27, 562A.27A (2024).)

But just because a tenant engages in one of these behaviors doesn't mean a landlord can simply file for eviction. Instead, the landlord must first give the tenant a written notice. The notice requirements differ depending on why the landlord is trying to end the tenancy.

Termination for Nonpayment of Rent

The most common reason a landlord might try to evict a tenant is the tenant's failure to pay rent. As soon as rent is late—but before filing an eviction lawsuit—the landlord must give the tenant a three-day notice.

The notice must state that the tenant has three days to either pay rent or quit (move out). If the tenant doesn't do either within the three-day time period, the landlord can terminate the lease and begin eviction proceedings against the tenant. (Iowa Code § 562A.27(2) (2024).)

Termination for Creating a Danger to the Landlord, Other Tenants, or Neighbors

If the tenant's actions are a "clear and present danger" to the health and safety of the landlord or anyone else within 1,000 feet of the rental, the landlord must send a three-day notice specifying the bad behavior. If the tenant doesn't move out, the landlord can file an eviction lawsuit. (Iowa Code § 562A.27A (2024).)

Termination for Violating the Lease or Failing to Maintain the Rental

When the tenant breaches a material term of the lease or creates a situation that materially affects health and safety, the landlord can give the tenant a seven-day notice. This notice must state that the tenant has seven days to correct the violation or the lease will terminate. If the tenant doesn't correct the violation within seven days, the landlord can terminate the lease and begin eviction proceedings against the tenant.

If the tenant does correct the violation but then commits the same violation within six months, the landlord can give the tenant a seven-day notice that just states the lease will terminate at the end of seven days. This time, the landlord doesn't need to give the tenant a chance to fix the problem—instead, the landlord can go straight to court at the end of the seven days and file an eviction lawsuit, even if the tenant has corrected the violation. (Iowa Code § 562A.27(1) (2024).)

Iowa Eviction Process

After the notice period has ended and the tenant hasn't complied with the notice, the landlord can file a petition with the district court to begin an eviction lawsuit, also called a "forcible entry and detainer" suit. The clerk of the court will set a hearing and send notice to both the landlord and the tenant regarding the date and time for the hearing.

If the tenant wishes to challenge the eviction, the tenant must attend the hearing. At the hearing, the judge will listen to both the landlord and the tenant and will come to a final decision regarding the eviction. (Iowa Code § 648.5 (2024).)

The tenant might find that challenging the eviction is not always the best option. For example, the tenant might have to pay the landlord's court and attorneys' fees if they lose in court. Instead, the best option for the tenant might be to try to talk to the landlord and negotiate a deal outside the court system.

Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through Mediate.com.

Defenses to Eviction in Iowa

There are several defenses a tenant could use against an eviction for failing to pay rent or violating the lease.

Landlord Evicted Tenant Using "Self-Help"

The only way a landlord can evict a tenant is by going to court and getting a court order allowing the eviction to occur. Iowa has specifically made it illegal for a landlord to attempt to force a tenant out of a rental property through any other means, such as changing the locks or shutting off the utilities to the property. This type of eviction is often called a "self-help" eviction or an unlawful ouster.

If a landlord tries to evict a tenant with a "self-help" eviction, the tenant can sue the landlord for damages and repossession of the rental property. (Iowa Code § 562A.26 (2024).)

Landlord Failed to Follow Proper Procedures

A landlord must carefully follow all of Iowa's termination and notice procedures. If the landlord slips up, the eviction case might fail. For example, the landlord is required to give the tenant a three-day notice before filing an eviction lawsuit for failure to pay rent. If the landlord doesn't give the tenant any notice and just goes straight to court, the tenant can use lack of notice as a defense to the lawsuit.

The eviction lawsuit would likely be dismissed, and the landlord would be required to start over and give the tenant a proper three-day notice. If the tenant still doesn't pay rent, the landlord can then file a new eviction lawsuit with the court. The eviction would then proceed as normal.

Keep in mind that this type of eviction will not stop a justified eviction completely. It will simply delay it. Once the landlord fixes the deficient procedures, the eviction will proceed.

Tenant Paid Rent in Full

A landlord is required to give the tenant a three-day notice before filing an eviction lawsuit with the court. The tenant will then have three days to pay the rent in full, or the lease will terminate. If the tenant pays the rent in full during those three days, the landlord must not file the eviction lawsuit.

When a tenant pays rent in response to a three-day notice, the tenant should ask the landlord for a time-stamped receipt. Then, if the landlord files the lawsuit anyway, the tenant can use the receipt as proof that the rent was paid during the appropriate time frame.

Tenant Didn't Pay Rent Because of Landlord's Failure to Maintain Property

A landlord with rental property in Iowa is required to maintain the rental property and at a minimum must:

• comply with all building and housing codes affecting health and safety
• keep the rental unit fit and habitable
• keep all common areas clean and safe
• maintain in good working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and any other appliances the landlord has agreed to supply to the rental unit, including elevators
• provide trash bins and arrange for their removal
• supply running water, including hot water, and
• supply heat.

(Iowa Code § 562A.15 (2024).)

If the tenant finds that the rental unit needs repair or maintenance in one of these areas, the tenant must first notify the landlord in writing of the repair or maintenance needed. The tenant must give the landlord at least seven days' written notice before the rent due date of the tenant's intent to fix the condition at the landlord's expense. If the landlord doesn't fix it, the tenant can apply no more than one month's rent to fix the problem, and withhold this amount from the rent payment. (Iowa Code § 562A.27 (2024).) So, if a landlord brings an eviction suit anyway, the tenant can use this as a defense.

Alternatively, the tenant can give the landlord seven days' notice to make the repair, and, if the landlord doesn't fix the problem, the tenant can terminate the lease and move out. (Iowa Code § 562A.21 (2024).)

If the landlord fails to supply the tenant with running water, heat, or another essential service, then the tenant has a few options available:

1. The tenant can arrange for the essential service to be provided to the rental unit and then deduct the cost from the rent.
2. The tenant can sue the landlord for damages based on the diminished value of the rental unit.
3. The tenant can get a refund of rent already paid to the landlord during the time of the landlord's failure to provide the essential service. The rent would be paid back to the tenant on a pro rata basis.

(Iowa Code § 562A.23 (2024).)

The tenant must choose whether to terminate the rental or sue—they can't do both. (Iowa Code § 562A.23(2) (2024).)

If the landlord attempts to evict the tenant after the tenant fails to pay rent or pays reduced rent, the tenant can defend against the eviction by showing that the landlord failed to maintain the rental unit according to the law. The court may require the tenant to pay rent to the court during the proceedings. Then, the court will determine who should receive the rent at the end of the lawsuit. (Iowa Code § 562A.24 (2024).)

Landlord Evicts Tenant for Lease Violations

Before evicting a tenant for a lease violation, the landlord is required to give the tenant seven days to correct the violation or pay for any damages caused by the violation. If the tenant corrects the violation within seven days, the landlord must not file the eviction lawsuit with the court. If the landlord files the eviction lawsuit anyway, the tenant can use proof that the violation was corrected or paid for as a defense against the eviction.

Remember that if this is the second notice for the same violation within a six-month period, the landlord isn't required to give the tenant any time to fix the violation. At the end of the seven-day notice period, the landlord can go ahead and file the eviction lawsuit, even if the tenant corrects the violation. (Iowa Code § 562A.27(1) (2024).)

Landlord Discriminates against Tenant

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, sex (including gender identity and sexual orientation), national origin, familial status (including children under the age of 18 and pregnant women), and disability.

In addition, the Iowa Civil Rights Act also makes it illegal for a landlord to discriminate against a tenant based on creed and ancestry. (Iowa Code § 216.8-216.8b (2024).) If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction.

Additional Resources for Tenants in Iowa

Legal aid organizations, such as Iowa Legal Aid, can provide legal assistance to those who qualify based on income. In addition, Iowa Legal Aid provides online information for housing topics, available to all. Tenants who live in federally assisted housing should also check out HUD's tenant resource page.

Finding Your Local Courthouse

Eviction lawsuits are filed with the district court of the county in which the rental property is located. To locate your district court, visit the online directory maintained by the Iowa Judicial Branch.

Some counties, such as Linn County and Scott County, provide information for how evictions work specifically in their counties.

To find the text of Iowa's statutes, check out the Iowa Legislature's website.

When to Hire a Lawyer

If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You might especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court.