House File 2471 - Introduced HOUSE FILE 2471 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 676) (SUCCESSOR TO HF 443) A BILL FOR An Act relating to the use of inventory checklists upon 1 commencement and termination of residential tenancies and 2 including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2265HZ (2) 89 cm/jh

H.F. 2471 Section 1. NEW SECTION . 562A.11A Landlord and tenant 1 inventory checklist. 2 1. A landlord and tenant may agree to use a checklist to 3 determine the condition of the dwelling unit upon commencement 4 of and termination of a lease. 5 2. If a landlord and tenant agree to use a checklist under 6 this section, all of the following shall apply: 7 a. The landlord shall provide the checklist to the tenant 8 at the commencement of the tenancy. The landlord shall detail 9 the condition of the dwelling unit and shall provide the tenant 10 with a copy of the checklist. The checklist shall include 11 all items that affect the habitability of the dwelling unit 12 provided by the landlord at the commencement of the tenancy, 13 including but not limited to flooring, window coverings, 14 appliances, windows, furniture, walls, closets, shelves, paint, 15 doors, plumbing fixtures, and electrical fixtures. 16 b. The tenant may review the checklist, evaluate the 17 condition of each item, record a description of each item 18 on the checklist, and return the checklist to the landlord 19 within three days of receipt. A tenant that does not return 20 the checklist within three days of receipt shall be deemed to 21 have forfeited all rights under this section. The landlord 22 and tenant may extend this deadline by mutual agreement. A 23 tenant’s provision of proof of mailing or other return of the 24 checklist to the landlord shall be sufficient proof of receipt 25 by the landlord. 26 c. A checklist used under this section shall contain the 27 following notice using not less than twelve point bold face 28 type at the top of the first page: 29 You should complete this inventory checklist, record a 30 description of the condition of each item, and return it to the 31 landlord within three days. Failure to do so will result in 32 the forfeiture of your rights under Iowa Code section 562A.11A. 33 d. At the termination of the tenancy, the landlord shall 34 complete a termination inventory checklist by evaluating the 35 -1- LSB 2265HZ (2) 89 cm/jh 1/ 5

H.F. 2471 condition of each item, recording a description of each item’s 1 condition, and delivering one copy of the checklist to the 2 tenant as provided in section 562A.12, subsection 3, paragraph 3 “a” . 4 e. A landlord shall complete a termination checklist if 5 a properly executed commencement checklist exists unless 6 the tenant waives this requirement in writing prior to the 7 termination of the tenancy. 8 3. This section shall not apply to the rental of land upon 9 which a mobile home, as defined in section 562B.7, may be 10 placed. 11 4. This section shall not be construed to create an 12 obligation on a landlord to repair, replace, upgrade, or 13 otherwise improve the dwelling unit or any item within the 14 dwelling unit. 15 5. A tenant is deemed to be in possession of a checklist if 16 the checklist is hand delivered or electronically delivered to 17 the tenant at the commencement of the tenancy. 18 6. A subsequent checklist shall not be required for a 19 renewal or extension of an existing tenancy. 20 7. A landlord shall keep a copy of all commencement and 21 termination checklists entered into under this section for a 22 period of one year following the termination of the tenancy, 23 or for such longer period as the landlord may be required to 24 retain lease documents as may be required by law. 25 8. A landlord that uses a checklist may collect a refundable 26 deposit of an amount not to exceed one hundred fifty dollars. 27 The landlord shall collect the deposit at such time that the 28 tenant submits the rental application. The landlord may 29 require the tenant to pay such deposit in the form of a check. 30 If the tenant returns the checklist within the time required, 31 the landlord shall return the check or other form of payment 32 accepted by the landlord within three days. If the tenant 33 fails to return the checklist the deposit shall be forfeited to 34 the landlord. 35 -2- LSB 2265HZ (2) 89 cm/jh 2/ 5

H.F. 2471 9. A fully executed checklist under this section is presumed 1 to be valid. Any damage not disclosed on the checklist, 2 outside of ordinary wear and tear, is presumed to be the fault 3 of the tenant. 4 Sec. 2. Section 562A.12, subsection 3, paragraph a, 5 unnumbered paragraph 1, Code 2022, is amended to read as 6 follows: 7 A landlord shall, within thirty days from the date of 8 termination of the tenancy and receipt of the tenant’s mailing 9 address or delivery instructions the end of the lease contract 10 or whenever the unit is re-rented, whichever is first , return 11 the rental deposit to the tenant or furnish to the tenant a 12 copy of any termination inventory checklist required to be 13 completed by the landlord under section 562A.11A, subsection 14 2, paragraph “d” , and a written statement showing the specific 15 reason for withholding of the rental deposit or any portion 16 thereof. If the rental deposit or any portion of the rental 17 deposit is withheld for the restoration of the dwelling unit, 18 the statement shall specify the nature of the damages. The 19 landlord may withhold from the rental deposit only such amounts 20 as are reasonably necessary for the following reasons: 21 Sec. 3. Section 562A.12, subsection 4, Code 2022, is amended 22 to read as follows: 23 4. A landlord who fails to provide a written statement 24 and a copy of any termination inventory checklist required 25 to be completed by the landlord under section 562A.11A, 26 subsection 2, paragraph “d”, within thirty days of termination 27 of the tenancy and receipt of the tenant’s mailing address or 28 delivery instructions shall forfeit all rights to withhold 29 any portion of the rental deposit. If no mailing address or 30 instructions are provided to the landlord within one year from 31 the termination of the tenancy the rental deposit shall revert 32 to the landlord and the tenant will be deemed to have forfeited 33 all rights to the rental deposit. 34 Sec. 4. APPLICABILITY. This Act applies to tenancies 35 -3- LSB 2265HZ (2) 89 cm/jh 3/ 5

H.F. 2471 commenced under chapter 562A on or after January 1, 2023. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill amends Iowa’s “Uniform Residential Landlord and 5 Tenant Act” to allow a landlord to use inventory checklists 6 both at the commencement and termination of tenancy for 7 each dwelling unit. Inventory checklists are not required 8 for a renewal or extension of an existing tenancy and the 9 requirements of the bill do not apply to the rental of land 10 upon which a mobile home, as defined in Code section 562B.7(6), 11 may be placed. The checklist must include all items in 12 the dwelling unit or on the premises owned by the landlord 13 including but not limited to flooring, window coverings, 14 appliances, windows, furniture, walls, closets, shelves, paint, 15 doors, plumbing fixtures, and electrical fixtures. The tenant 16 then reviews the checklist, evaluates the condition of each 17 item, records a description of each item’s condition on the 18 checklist, and returns the checklist to the landlord within 19 three days after receiving the checklist. 20 Under the bill, inventory checklists must be retained by the 21 landlord for a period of one year following termination of the 22 tenancy or as otherwise required by law. A landlord that uses 23 a checklist may collect a refundable deposit no more than $150 24 to be returned to the tenant at the return of the checklist 25 within the required timeline. The landlord may require 26 the deposit to be in the form of a check. A fully executed 27 checklist shall be presumed valid and any damage not disclosed 28 beyond ordinary wear and tear shall be presumed to be the fault 29 of the tenant. At the termination of the tenancy, the landlord 30 is required to complete a termination inventory checklist by 31 evaluating the condition of each item, recording a description 32 of each item’s condition on the checklist, and delivering a 33 copy of the checklist to the tenant if the tenant had initially 34 completed a checklist. 35 -4- LSB 2265HZ (2) 89 cm/jh 4/ 5

H.F. 2471 A landlord who fails to provide a copy of a termination 1 inventory checklist if required by the bill forfeits the right 2 to withhold any portion of the tenant’s rental deposit. 3 The bill applies to tenancies commenced under Code chapter 4 562A on or after January 1, 2023. 5 -5- LSB 2265HZ (2) 89 cm/jh 5/ 5