Print
House File 26 - IntroducedA Bill ForAn Act 1relating to the use of inventory checklists upon
2commencement and termination of residential tenancies, and
3including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 562A.11A Inventory checklist.
21. A landlord and tenant may agree to use a checklist to
3determine the condition of the dwelling unit upon commencement
4of and termination of a lease.
52. If a landlord and tenant agree to use a checklist under
6this section, all of the following apply:
7a. The landlord shall provide the checklist to the tenant
8at the commencement of the tenancy. The landlord shall detail
9the condition of the dwelling unit and shall provide the tenant
10with a copy of the checklist. The checklist shall include
11all items that affect the habitability of the dwelling unit
12provided by the landlord at the commencement of the tenancy,
13including but not limited to flooring, window coverings,
14appliances, windows, furniture, walls, closets, shelves, paint,
15doors, plumbing fixtures, and electrical fixtures.
16b. The tenant may review the checklist, evaluate the
17condition of each item, record a description of each item
18on the checklist, and return the checklist to the landlord
19within three days of receipt. A tenant that does not return
20the checklist within three days of receipt shall be deemed to
21have forfeited all rights under this section. The landlord
22and tenant may extend this deadline by mutual agreement. A
23tenant’s provision of proof of mailing or other return of the
24checklist to the landlord shall be sufficient proof of receipt
25by the landlord.
26c. A checklist used under this section shall contain the
27following notice using not less than twelve point boldface type
28at the top of the first page:
29You should complete this inventory checklist, record a
30description of the condition of each item, and return it to the
31landlord within three days. Failure to do so will result in
32the forfeiture of your rights under Iowa Code section 562A.11A.
33d. At the termination of the tenancy, the landlord shall
34complete a termination inventory checklist by evaluating the
35condition of each item, recording a description of each item’s
-1-1condition, and delivering one copy of the checklist to the
2tenant as provided in section 562A.12, subsection 3, paragraph
3“a”.
4e. A landlord shall complete a termination checklist if
5a properly executed commencement checklist exists unless
6the tenant waives this requirement in writing prior to the
7termination of the tenancy.
83. This section does not apply to the rental of land upon
9which a mobile home, as defined in section 562B.7, may be
10placed.
114. This section shall not be construed to create an
12obligation on a landlord to repair, replace, upgrade, or
13otherwise improve the dwelling unit or any item within the
14dwelling unit.
155. A tenant is deemed to be in possession of a checklist if
16the checklist is hand delivered or electronically delivered to
17the tenant at the commencement of the tenancy.
186. A subsequent checklist shall not be required for a
19renewal or extension of an existing tenancy.
207. A landlord shall keep a copy of all commencement and
21termination checklists entered into under this section for a
22period of one year following the termination of the tenancy,
23or for such longer period as the landlord may be required to
24retain lease documents as may be required by law.
258. A landlord that uses a checklist may collect a refundable
26deposit of an amount not to exceed one hundred fifty dollars.
27The landlord shall collect the deposit at such time that the
28tenant submits the rental application. The landlord may
29require the tenant to pay such deposit in the form of a check.
30If the tenant returns the checklist within the time required,
31the landlord shall return the check or other form of payment
32accepted by the landlord within three days. If the tenant
33fails to return the checklist the deposit shall be forfeited to
34the landlord.
359. A fully executed checklist under this section is presumed
-2-1to be valid. Any damage not disclosed on the checklist,
2outside of ordinary wear and tear, is presumed to be the fault
3of the tenant.
4 Sec. 2. Section 562A.12, subsection 3, paragraph a,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
7A landlord shall, within thirty days from the date of
8termination of the tenancy and receipt of the tenant’s mailing
9address or delivery instructions the end of the lease contract
10or the date the unit is re-rented, whichever occurs first,
11return the rental deposit to the tenant or furnish to the
12tenant a copy of any termination inventory checklist required
13to be completed by the landlord under section 562A.11A,
14subsection 2, paragraph “d”, and a written statement showing the
15specific reason for withholding of the rental deposit or any
16portion thereof. If the rental deposit or any portion of the
17rental deposit is withheld for the restoration of the dwelling
18unit, the statement shall specify the nature of the damages.
19The landlord may withhold from the rental deposit only such
20amounts as are reasonably necessary for the following reasons:
21 Sec. 3. Section 562A.12, subsection 4, Code 2023, is amended
22to read as follows:
234. A landlord who fails to provide a written statement
24and a copy of any termination inventory checklist required
25to be completed by the landlord under section 562A.11A,
26subsection 2, paragraph “d”, within thirty days of termination
27of the tenancy and receipt of the tenant’s mailing address or
28delivery instructions shall forfeit all rights to withhold
29any portion of the rental deposit. If no mailing address or
30instructions are provided to the landlord within one year from
31the termination of the tenancy the rental deposit shall revert
32to the landlord and the tenant will be deemed to have forfeited
33all rights to the rental deposit.
34 Sec. 4. APPLICABILITY. This Act applies to tenancies
35commenced under chapter 562A on or after January 1, 2024.
-3-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill amends Iowa’s “Uniform Residential Landlord and
5Tenant Act” to allow a landlord to use inventory checklists
6both at the commencement and termination of tenancy for
7each dwelling unit. Inventory checklists are not required
8for a renewal or extension of an existing tenancy and the
9requirements of the bill do not apply to the rental of land
10upon which a mobile home may be placed. The checklist must
11include all items in the dwelling unit or on the premises owned
12by the landlord including but not limited to flooring, window
13coverings, appliances, windows, furniture, walls, closets,
14shelves, paint, doors, plumbing fixtures, and electrical
15fixtures. The tenant then reviews the checklist, evaluates the
16condition of each item, records a description of each item’s
17condition on the checklist, and returns the checklist to the
18landlord within three days after receiving the checklist.
19Under the bill, inventory checklists must be retained by the
20landlord for a period of one year following termination of the
21tenancy or as otherwise required by law. A landlord that uses
22a checklist may collect a refundable deposit no more than $150
23to be returned to the tenant at the return of the checklist
24within the required timeline. The landlord may require
25the deposit to be in the form of a check. A fully executed
26checklist shall be presumed valid and any damage not disclosed
27beyond ordinary wear and tear shall be presumed to be the fault
28of the tenant. At the termination of the tenancy, the landlord
29is required to complete a termination inventory checklist by
30evaluating the condition of each item, recording a description
31of each item’s condition on the checklist, and delivering a
32copy of the checklist to the tenant if the tenant had initially
33completed a checklist.
34A landlord who fails to provide a copy of a termination
35inventory checklist if required by the bill forfeits the right
-4-1to withhold any portion of the tenant’s rental deposit.
2The bill applies to tenancies commenced under Code chapter
3562A on or after January 1, 2024.
-5-cm/ns
2commencement and termination of residential tenancies, and
3including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 562A.11A Inventory checklist.
21. A landlord and tenant may agree to use a checklist to
3determine the condition of the dwelling unit upon commencement
4of and termination of a lease.
52. If a landlord and tenant agree to use a checklist under
6this section, all of the following apply:
7a. The landlord shall provide the checklist to the tenant
8at the commencement of the tenancy. The landlord shall detail
9the condition of the dwelling unit and shall provide the tenant
10with a copy of the checklist. The checklist shall include
11all items that affect the habitability of the dwelling unit
12provided by the landlord at the commencement of the tenancy,
13including but not limited to flooring, window coverings,
14appliances, windows, furniture, walls, closets, shelves, paint,
15doors, plumbing fixtures, and electrical fixtures.
16b. The tenant may review the checklist, evaluate the
17condition of each item, record a description of each item
18on the checklist, and return the checklist to the landlord
19within three days of receipt. A tenant that does not return
20the checklist within three days of receipt shall be deemed to
21have forfeited all rights under this section. The landlord
22and tenant may extend this deadline by mutual agreement. A
23tenant’s provision of proof of mailing or other return of the
24checklist to the landlord shall be sufficient proof of receipt
25by the landlord.
26c. A checklist used under this section shall contain the
27following notice using not less than twelve point boldface type
28at the top of the first page:
29You should complete this inventory checklist, record a
30description of the condition of each item, and return it to the
31landlord within three days. Failure to do so will result in
32the forfeiture of your rights under Iowa Code section 562A.11A.
33d. At the termination of the tenancy, the landlord shall
34complete a termination inventory checklist by evaluating the
35condition of each item, recording a description of each item’s
-1-1condition, and delivering one copy of the checklist to the
2tenant as provided in section 562A.12, subsection 3, paragraph
3“a”.
4e. A landlord shall complete a termination checklist if
5a properly executed commencement checklist exists unless
6the tenant waives this requirement in writing prior to the
7termination of the tenancy.
83. This section does not apply to the rental of land upon
9which a mobile home, as defined in section 562B.7, may be
10placed.
114. This section shall not be construed to create an
12obligation on a landlord to repair, replace, upgrade, or
13otherwise improve the dwelling unit or any item within the
14dwelling unit.
155. A tenant is deemed to be in possession of a checklist if
16the checklist is hand delivered or electronically delivered to
17the tenant at the commencement of the tenancy.
186. A subsequent checklist shall not be required for a
19renewal or extension of an existing tenancy.
207. A landlord shall keep a copy of all commencement and
21termination checklists entered into under this section for a
22period of one year following the termination of the tenancy,
23or for such longer period as the landlord may be required to
24retain lease documents as may be required by law.
258. A landlord that uses a checklist may collect a refundable
26deposit of an amount not to exceed one hundred fifty dollars.
27The landlord shall collect the deposit at such time that the
28tenant submits the rental application. The landlord may
29require the tenant to pay such deposit in the form of a check.
30If the tenant returns the checklist within the time required,
31the landlord shall return the check or other form of payment
32accepted by the landlord within three days. If the tenant
33fails to return the checklist the deposit shall be forfeited to
34the landlord.
359. A fully executed checklist under this section is presumed
-2-1to be valid. Any damage not disclosed on the checklist,
2outside of ordinary wear and tear, is presumed to be the fault
3of the tenant.
4 Sec. 2. Section 562A.12, subsection 3, paragraph a,
5unnumbered paragraph 1, Code 2023, is amended to read as
6follows:
7A landlord shall, within thirty days from the date of
8termination of the tenancy and receipt of the tenant’s mailing
9address or delivery instructions the end of the lease contract
10or the date the unit is re-rented, whichever occurs first,
11return the rental deposit to the tenant or furnish to the
12tenant a copy of any termination inventory checklist required
13to be completed by the landlord under section 562A.11A,
14subsection 2, paragraph “d”, and a written statement showing the
15specific reason for withholding of the rental deposit or any
16portion thereof. If the rental deposit or any portion of the
17rental deposit is withheld for the restoration of the dwelling
18unit, the statement shall specify the nature of the damages.
19The landlord may withhold from the rental deposit only such
20amounts as are reasonably necessary for the following reasons:
21 Sec. 3. Section 562A.12, subsection 4, Code 2023, is amended
22to read as follows:
234. A landlord who fails to provide a written statement
24and a copy of any termination inventory checklist required
25to be completed by the landlord under section 562A.11A,
26subsection 2, paragraph “d”, within thirty days of termination
27of the tenancy and receipt of the tenant’s mailing address or
28delivery instructions shall forfeit all rights to withhold
29any portion of the rental deposit. If no mailing address or
30instructions are provided to the landlord within one year from
31the termination of the tenancy the rental deposit shall revert
32to the landlord and the tenant will be deemed to have forfeited
33all rights to the rental deposit.
34 Sec. 4. APPLICABILITY. This Act applies to tenancies
35commenced under chapter 562A on or after January 1, 2024.
-3-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill amends Iowa’s “Uniform Residential Landlord and
5Tenant Act” to allow a landlord to use inventory checklists
6both at the commencement and termination of tenancy for
7each dwelling unit. Inventory checklists are not required
8for a renewal or extension of an existing tenancy and the
9requirements of the bill do not apply to the rental of land
10upon which a mobile home may be placed. The checklist must
11include all items in the dwelling unit or on the premises owned
12by the landlord including but not limited to flooring, window
13coverings, appliances, windows, furniture, walls, closets,
14shelves, paint, doors, plumbing fixtures, and electrical
15fixtures. The tenant then reviews the checklist, evaluates the
16condition of each item, records a description of each item’s
17condition on the checklist, and returns the checklist to the
18landlord within three days after receiving the checklist.
19Under the bill, inventory checklists must be retained by the
20landlord for a period of one year following termination of the
21tenancy or as otherwise required by law. A landlord that uses
22a checklist may collect a refundable deposit no more than $150
23to be returned to the tenant at the return of the checklist
24within the required timeline. The landlord may require
25the deposit to be in the form of a check. A fully executed
26checklist shall be presumed valid and any damage not disclosed
27beyond ordinary wear and tear shall be presumed to be the fault
28of the tenant. At the termination of the tenancy, the landlord
29is required to complete a termination inventory checklist by
30evaluating the condition of each item, recording a description
31of each item’s condition on the checklist, and delivering a
32copy of the checklist to the tenant if the tenant had initially
33completed a checklist.
34A landlord who fails to provide a copy of a termination
35inventory checklist if required by the bill forfeits the right
-4-1to withhold any portion of the tenant’s rental deposit.
2The bill applies to tenancies commenced under Code chapter
3562A on or after January 1, 2024.
-5-cm/ns