H.F. 443 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 five days of receipt. A tenant that does not return 20 the checklist within five 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 five days. Failure to do so will result in the 32 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 2265YH (4) 89 cm/jh 1/ 4

H.F. 443 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 Sec. 2. Section 562A.12, subsection 3, paragraph a, 26 unnumbered paragraph 1, Code 2021, is amended to read as 27 follows: 28 A landlord shall, within thirty days from the date of 29 termination of the tenancy and receipt of the tenant’s mailing 30 address or delivery instructions the end of the lease contract 31 or whenever the unit is re-rented, whichever is first , return 32 the rental deposit to the tenant or furnish to the tenant a 33 copy of any termination inventory checklist required to be 34 completed by the landlord under section 562A.11A, subsection 35 -2- LSB 2265YH (4) 89 cm/jh 2/ 4

H.F. 443 2, paragraph “d” , and a written statement showing the specific 1 reason for withholding of the rental deposit or any portion 2 thereof. If the rental deposit or any portion of the rental 3 deposit is withheld for the restoration of the dwelling unit, 4 the statement shall specify the nature of the damages. The 5 landlord may withhold from the rental deposit only such amounts 6 as are reasonably necessary for the following reasons: 7 Sec. 3. Section 562A.12, subsection 4, Code 2021, is amended 8 to read as follows: 9 4. A landlord who fails to provide a written statement 10 and a copy of any termination inventory checklist required 11 to be completed by the landlord under section 562A.11A, 12 subsection 2, paragraph “d”, within thirty days of termination 13 of the tenancy and receipt of the tenant’s mailing address or 14 delivery instructions shall forfeit all rights to withhold 15 any portion of the rental deposit. If no mailing address or 16 instructions are provided to the landlord within one year from 17 the termination of the tenancy the rental deposit shall revert 18 to the landlord and the tenant will be deemed to have forfeited 19 all rights to the rental deposit. 20 Sec. 4. APPLICABILITY. This Act applies to tenancies 21 commenced under chapter 562A on or after January 1, 2022. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill amends Iowa’s “Uniform Residential Landlord and 26 Tenant Act” to allow a landlord to use inventory checklists 27 both at the commencement and termination of tenancy for 28 each dwelling unit. Inventory checklists are not required 29 for a renewal or extension of an existing tenancy and the 30 requirements of the bill do not apply to the rental of land 31 upon which a mobile home, as defined in Code section 562B.7(6), 32 may be placed. The checklist must include all items in 33 the dwelling unit or on the premises owned by the landlord 34 including but not limited to flooring, window coverings, 35 -3- LSB 2265YH (4) 89 cm/jh 3/ 4

H.F. 443 appliances, windows, furniture, walls, closets, shelves, paint, 1 doors, plumbing fixtures, and electrical fixtures. The tenant 2 then reviews the checklist, evaluates the condition of each 3 item, records a description of each item’s condition on the 4 checklist, and returns the checklist to the landlord within 5 five days after receiving the checklist. 6 Under the bill, inventory checklists must be retained by the 7 landlord for a period of one year following termination of the 8 tenancy or as otherwise required by law. At the termination of 9 the tenancy, the landlord is required to complete a termination 10 inventory checklist by evaluating the condition of each 11 item, recording a description of each item’s condition on the 12 checklist, and delivering a copy of the checklist to the tenant 13 if the tenant had initially completed a checklist. 14 A landlord who fails to provide a copy of a termination 15 inventory checklist if required by the bill forfeits the right 16 to withhold any portion of the tenant’s rental deposit. 17 The bill applies to tenancies commenced under Code chapter 18 562A on or after January 1, 2022. 19 -4- LSB 2265YH (4) 89 cm/jh 4/ 4