Are all housing rentals covered by the same Iowa law?
No. Most usual rentals are covered by Iowa’s Residential Landlord/Tenant law at Iowa Code Chapter 562A. There are a few situations that aren’t covered by that law, but may be covered by other laws:
- Transitional housing ran by a nonprofit (Iowa Code Chapter 648 and Federal laws may apply)
- Renting a mobile home lot or space in a mobile home park. (Iowa Code Chapter 562B applies)
- Living in an institution like a nursing home or college dorm
- Living in a place you are buying
- Staying short-term in a hotel or motel. (If you stay there as your primary residence, Iowa Code Chapter 562A likely applies)
- Living in a property provided by your employer
- Living in a property used for agricultural purposes
If you are in one of these rentals, you should contact an attorney for advice.
Can a landlord evict me for …
Most evictions are for one of these reasons: you broke (or “violated”) the lease, you or a guest did something dangerous or illegal on the property (a “clear and present danger”), or you stayed in the rental after the lease ended. For more information on different notices from your landlord, see here.
Can I be evicted for calling the police?
No. There is a law that tells landlords that they cannot evict a tenant for calling the police for help. A landlord cannot evict or penalize a tenant for calling for help. A city also cannot tell a landlord to evict a tenant because the tenant reasonably asked for help from the police. A tenant should not be punished for calling for help for the following reasons:
- The person is calling on behalf of someone in need.
- The person calling is the victim of crime.
- The person calling is a victim of domestic abuse.
- The person calling is having a medical emergency.
Do I have to leave in 3 days?
No. Landlords generally have to give you a written notice before they can file an eviction case. The notice will give you a certain number of days (like 3, 7, or 30) to either do something (like pay rent or fix a problem) or move out. Some notices don’t tell you to do anything, just move out. If you do not move out after the days have passed, the landlord has to file an eviction court case (called “forcible entry and detainer” in Iowa). You will be served with notice of a hearing date where a judge will review the situation and decide if you are evicted or not.
What happens if I don’t go to court?
You will likely be evicted if you do not go to your eviction court hearing. The sheriff may come out the next day to ensure you are out.
Can I be evicted in winter?
Yes. There is no law stopping evictions due to weather.
Can my landlord kick me out themselves?
No, a landlord has to get a court order to make you move out. The landlord also cannot turn off your utilities or throw out your belongings until they have a court order. Once the landlord has a court order saying you are “evicted,” a sheriff’s deputy will come and make sure you are out. Some sheriffs might leave a note telling you when they will come, but not all.
I need help paying my rent.
We do not have financial assistance. You should contact your county’s General Assistance office, Community Action Program, and call 211 for resources.
My landlord doesn’t fix things – what do i do?
See here for your options.
Can my landlord increase my rent?
Yes, at the end of your lease term. Some leases are for 6 months or 12 months. Others are month-to-month. If you are on a month-to-month lease, the landlord must give you a 30-day written notice saying they will increase your rent.
Can my landlord come into my unit without notice?
Usually, no. A landlord should give you 24 hours notice before coming in. If there is an emergency, a landlord can come in without notice.
Can I get out of my lease early?
Only sometimes. If your landlord is breaking the lease, you should talk to an attorney about your options. If your landlord is not fixing problems in your unit, see here. If you leave your lease early, you might be responsible for some or all of the rent for the rest of the term.
Can my landlord keep my deposit?
Yes, sometimes. To get your deposit back after you move, you have to give the landlord your new address. The landlord has 30 days to give you the deposit back or tell you why they are not. The landlord can keep your deposit if you owe money or caused damage to the property. If the landlord does not tell you why they are keeping the deposit within 30 days, they cannot keep any of it, but they can still sue you for any money they think you owe them. See this article: Rental Deposits
How do I report that my landlord is discriminating against me?
Landlords cannot discriminate because of a person’s race, color, creed, sex, sexual orientation, religion, national origin, disability, or against a person because they have children. If this happens, you can call an attorney or file a complaint with the Iowa Civil Rights Commission. Also, see this article: “What is Discrimination in Housing.”
Can I get an eviction off my record?
No. Iowa law allows only for expungement of criminal cases when you were acquitted or if some misdemeanor charges were dismissed. For information on how to deal with past evictions see here.