HF 2216 (LSB 6055YH (1) 88)

HOUSE FILE 2216

BY  LOHSE

A BILL FOR

An Act requiring the use of inventory checklists upon commencement of a residential tenancy and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  562A.11A  Inventory checklists.
   1.  A landlord shall use inventory checklists both at the commencement and termination of tenancy for each dwelling unit. Each inventory checklist shall detail the condition of the dwelling unit or portion of the premises for which a rental deposit is required. An additional inventory checklist shall not be required for a renewal or extension of an existing tenancy.
   2.  At the commencement of the tenancy, the landlord shall furnish the tenant two blank copies of a commencement inventory checklist, which form shall be identical to the form used for the termination inventory checklist. The checklist shall include all items in the dwelling unit or on the premises owned by the landlord including but not limited to carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures, and electrical fixtures.
   3.  a.  The tenant shall review the checklist, evaluate the condition of each item, record a description of each item’s condition on both copies of the checklist, return one copy of the checklist to the landlord within seven days after receiving possession of the dwelling unit, and retain the second copy of the inventory checklist.
   b.  Inventory checklists received by the landlord under this subsection and those inventory checklists completed upon termination of the tenancy under subsection 5 shall be retained by the landlord for a period of ten years. A tenant shall be provided copies of the inventory checklists for the dwelling unit’s immediately preceding tenant upon request.
   c.  The commencement checklist shall contain the following notice using not less than twelve-point boldface type at the top of the first page:
   You should complete this inventory checklist, record a description of the condition of each item, and return it to the landlord within seven days after obtaining possession of the dwelling unit. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were charged to the last tenants.

   4.  At the termination of the tenancy, the landlord shall complete a termination inventory checklist by evaluating the condition of each item, recording a description of each item’s condition on both copies of the checklist, and delivering one copy of the checklist to the tenant as provided under section 562A.12, subsection 3, paragraph “a”.
   5.  This section shall not apply to the rental of land upon which a mobile home, as defined under section 562B.7, subsection 6, may be placed.
    Sec. 2.  Section 562A.12, subsection 3, paragraph a, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   A landlord shall, within thirty days from the date of termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions, return the rental deposit to the tenant or furnish to the tenant a copy of the termination inventory checklist completed under section 562A.11A, subsection 4, and a written statement showing the specific reason for withholding of the rental deposit or any portion thereof. If the rental deposit or any portion of the rental deposit is withheld for the restoration of the dwelling unit, the statement shall specify the nature of the damages. The landlord may withhold from the rental deposit only such amounts as are reasonably necessary for the following reasons:
    Sec. 3.  Section 562A.12, subsection 4, Code 2020, is amended to read as follows:
   4.  A landlord who fails to provide a written statement and a copy of the termination inventory checklist completed under section 562A.11A, subsection 4, within thirty days of termination of the tenancy and receipt of the tenant’s mailing address or delivery instructions shall forfeit all rights to withhold any portion of the rental deposit. If no mailing address or instructions are provided to the landlord within one year from the termination of the tenancy the rental deposit shall revert to the landlord and the tenant will be deemed to have forfeited all rights to the rental deposit.
    Sec. 4.  APPLICABILITY.  This Act applies to tenancies commenced under chapter 562A on or after July 1, 2020.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends Iowa’s “Uniform Residential Landlord and Tenant Act” to require a landlord to use inventory checklists both at the commencement and termination of tenancy for each dwelling unit. At the commencement of the tenancy, the landlord shall furnish the tenant two blank copies of a commencement inventory checklist. Inventory checklists are not required for a renewal or extension of an existing tenancy and the requirements of the bill do not apply to the rental of land upon which a mobile home, as defined in Code section 562B.7(6), may be placed. The checklist must include all items in the dwelling unit or on the premises owned by the landlord including but not limited to carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures, and electrical fixtures. The tenant then reviews the checklist, evaluates the condition of each item, records a description of each item’s condition on both copies of the checklist, returns one copy of the checklist to the landlord within seven days after receiving possession of the dwelling unit, and retains the second copy of the inventory checklist.
   Under the bill, inventory checklists must be retained by the landlord for a period of 10 years and a tenant shall, upon request, be provided a copy of the inventory checklist for the dwelling unit’s immediately preceding tenant. At the termination of the tenancy, the landlord is required to complete a termination inventory checklist by evaluating the condition of each item, recording a description of each item’s condition on both copies of the checklist, and delivering one copy of the checklist to the tenant if a portion of the tenant’s rental deposit was withheld.
   The bill applies to tenancies commenced under Code chapter 562A on or after July 1, 2020.