TENANT REMEDIES

Iowa Code tit. XIV, ch. 562A, art. IV, pt. 1

in effect

Iowa Code § 562A.21 Noncompliance by the landlord — in general.

562A.21. Noncompliance by the landlord — in general. 1. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 562A.15 materially affecting health and safety, the tenant may elect to commence an action under this section and shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days, and the rental agreement shall terminate and the tenant shall surrender as provided in the notice subject to the following: a. If the breach is remediable by repairs or the payment of damages or otherwise, and if the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate. b. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least seven days’ written notice specifying the breach and the date of termination of the rental agreement unless the landlord has exercised due diligence and effort to remedy the breach which gave rise to the noncompliance. c. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent. 2. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 562A.15 unless the landlord demonstrates affirmatively that the landlord has exercised due diligence and effort to remedy any noncompliance, and that any failure by the landlord to remedy any noncompliance was due to circumstances reasonably beyond the control of the landlord. If the landlord’s noncompliance is willful the tenant may recover reasonable attorney fees. 3. The remedy provided in subsection 2 is in addition to any right of the tenant arising under subsection 1. 4. If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under section 562A.12. [C79, 81, §562A.21] 95 Acts, ch 125, §4, 5

Iowa Code § 562A.22 Failure to deliver possession.

562A.22. Failure to deliver possession. 1. If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in section 562A.14, rent abates until possession is delivered and the tenant shall: a. Upon at least five days’ written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or b. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the damages sustained by the tenant. 2. If a landlord’s failure to deliver possession is willful and not in good faith, a tenant may recover from the landlord the actual damages sustained by the tenant and reasonable attorney fees. [C79, 81, §562A.22]

Iowa Code § 562A.23 Wrongful failure to supply heat, water, hot water or essential services.

562A.23. Wrongful failure to supply heat, water, hot water or essential services. 1. If contrary to the rental agreement or section 562A.15 the landlord deliberately or negligently fails to supply running water, hot water, or heat, or essential services, the tenant may give written notice to the landlord specifying the breach and may: a. Procure reasonable amounts of hot water, running water, heat and essential services during the period of the landlord’s noncompliance and deduct their actual and reasonable cost from the rent; b. Recover damages based upon the diminution in the fair rental value of the dwelling unit; or c. Recover any rent already paid for the period of the landlord’s noncompliance which shall be reimbursed on a pro rata basis. 2. If the tenant proceeds under this section, the tenant may not proceed under section 562A.21 as to that breach. 3. The rights under this section do not arise until the tenant has given notice to the landlord or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the consent of the tenant. [C79, 81, §562A.23]

Iowa Code § 562A.24 Landlord’s noncompliance as defense to action for possession or rent.

562A.24. Landlord’s noncompliance as defense to action for possession or rent. 1. In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for an amount which the tenant may recover under the rental agreement or this chapter. In that event the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If rent does not remain due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith the landlord may recover reasonable attorney fees. 2. In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection 1, but the tenant is not required to pay any rent into court. [C79, 81, §562A.24]

Iowa Code § 562A.25 Fire or casualty damage.

562A.25. Fire or casualty damage. 1. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may: a. Immediately vacate the premises and notify the landlord in writing within fourteen days of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or b. If continued occupancy is lawful, vacate a part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. 2. If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable under section 562A.12. Accounting for rent in the event of termination or apportionment is to occur as of the date of the casualty. [C79, 81, §562A.25]

Iowa Code § 562A.26 Tenant’s remedies for landlord’s unlawful ouster, exclusion, or diminution of service.

562A.26. Tenant’s remedies for landlord’s unlawful ouster, exclusion, or diminution of service. If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, the tenant may recover possession pursuant to section 648.1, subsection 1, or terminate the rental agreement and, in either case, recover the actual damages sustained by the tenant, punitive damages not to exceed twice the monthly rental payment, and reasonable attorney fees. If the rental agreement is terminated, the landlord shall return all prepaid rent and security. [C79, 81, §562A.26] 2013 Acts, ch 97, §6

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=562A&year=2026Fetched: 10/20/2026