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House File 443 - 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 Landlord and tenant
2inventory checklist.
31. A landlord and tenant may agree to use a checklist to
4determine the condition of the dwelling unit upon commencement
5of and termination of a lease.
62. If a landlord and tenant agree to use a checklist under
7this section, all of the following shall apply:
8a. The landlord shall provide the checklist to the tenant
9at the commencement of the tenancy. The landlord shall detail
10the condition of the dwelling unit and shall provide the tenant
11with a copy of the checklist. The checklist shall include
12all items that affect the habitability of the dwelling unit
13provided by the landlord at the commencement of the tenancy,
14including but not limited to flooring, window coverings,
15appliances, windows, furniture, walls, closets, shelves, paint,
16doors, plumbing fixtures, and electrical fixtures.
17b. The tenant may review the checklist, evaluate the
18condition of each item, record a description of each item
19on the checklist, and return the checklist to the landlord
20within five days of receipt. A tenant that does not return
21the checklist within five days of receipt shall be deemed to
22have forfeited all rights under this section. The landlord
23and tenant may extend this deadline by mutual agreement. A
24tenant’s provision of proof of mailing or other return of the
25checklist to the landlord shall be sufficient proof of receipt
26by the landlord.
27c. A checklist used under this section shall contain the
28following notice using not less than twelve point bold face
29type at the top of the first page:
30You should complete this inventory checklist, record a
31description of the condition of each item, and return it to the
32landlord within five days. Failure to do so will result in the
33forfeiture of your rights under Iowa Code section 562A.11A.
34d. At the termination of the tenancy, the landlord shall
35complete a termination inventory checklist by evaluating the
-1-1condition of each item, recording a description of each item’s
2condition, and delivering one copy of the checklist to the
3tenant as provided in section 562A.12, subsection 3, paragraph
4“a”.
5e. A landlord shall complete a termination checklist if
6a properly executed commencement checklist exists unless
7the tenant waives this requirement in writing prior to the
8termination of the tenancy.
93. This section shall not apply to the rental of land upon
10which a mobile home, as defined in section 562B.7, may be
11placed.
124. This section shall not be construed to create an
13obligation on a landlord to repair, replace, upgrade, or
14otherwise improve the dwelling unit or any item within the
15dwelling unit.
165. A tenant is deemed to be in possession of a checklist if
17the checklist is hand delivered or electronically delivered to
18the tenant at the commencement of the tenancy.
196. A subsequent checklist shall not be required for a
20renewal or extension of an existing tenancy.
217. A landlord shall keep a copy of all commencement and
22termination checklists entered into under this section for a
23period of one year following the termination of the tenancy,
24or for such longer period as the landlord may be required to
25retain lease documents as may be required by law.
26 Sec. 2. Section 562A.12, subsection 3, paragraph a,
27unnumbered paragraph 1, Code 2021, is amended to read as
28follows:
29A landlord shall, within thirty days from the date of
30termination of the tenancy and receipt of the tenant’s mailing
31address or delivery instructions the end of the lease contract
32or whenever the unit is re-rented, whichever is first, return
33the rental deposit to the tenant or furnish to the tenant a
34copy of any termination inventory checklist required to be
35completed by the landlord under section 562A.11A, subsection
-2-12, paragraph “d”, and a written statement showing the specific
2reason for withholding of the rental deposit or any portion
3thereof. If the rental deposit or any portion of the rental
4deposit is withheld for the restoration of the dwelling unit,
5the statement shall specify the nature of the damages. The
6landlord may withhold from the rental deposit only such amounts
7as are reasonably necessary for the following reasons:
8 Sec. 3. Section 562A.12, subsection 4, Code 2021, is amended
9to read as follows:
104. A landlord who fails to provide a written statement
11and a copy of any termination inventory checklist required
12to be completed by the landlord under section 562A.11A,
13subsection 2, paragraph “d”, within thirty days of termination
14of the tenancy and receipt of the tenant’s mailing address or
15delivery instructions shall forfeit all rights to withhold
16any portion of the rental deposit. If no mailing address or
17instructions are provided to the landlord within one year from
18the termination of the tenancy the rental deposit shall revert
19to the landlord and the tenant will be deemed to have forfeited
20all rights to the rental deposit.
21 Sec. 4. APPLICABILITY. This Act applies to tenancies
22commenced under chapter 562A on or after January 1, 2022.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill amends Iowa’s “Uniform Residential Landlord and
27Tenant Act” to allow a landlord to use inventory checklists
28both at the commencement and termination of tenancy for
29each dwelling unit. Inventory checklists are not required
30for a renewal or extension of an existing tenancy and the
31requirements of the bill do not apply to the rental of land
32upon which a mobile home, as defined in Code section 562B.7(6),
33may be placed. The checklist must include all items in
34the dwelling unit or on the premises owned by the landlord
35including but not limited to flooring, window coverings,
-3-1appliances, windows, furniture, walls, closets, shelves, paint,
2doors, plumbing fixtures, and electrical fixtures. The tenant
3then reviews the checklist, evaluates the condition of each
4item, records a description of each item’s condition on the
5checklist, and returns the checklist to the landlord within
6five days after receiving the checklist.
7Under the bill, inventory checklists must be retained by the
8landlord for a period of one year following termination of the
9tenancy or as otherwise required by law. At the termination of
10the tenancy, the landlord is required to complete a termination
11inventory checklist by evaluating the condition of each
12item, recording a description of each item’s condition on the
13checklist, and delivering a copy of the checklist to the tenant
14if the tenant had initially completed a checklist.
15A landlord who fails to provide a copy of a termination
16inventory checklist if required by the bill forfeits the right
17to withhold any portion of the tenant’s rental deposit.
18The bill applies to tenancies commenced under Code chapter
19562A on or after January 1, 2022.
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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 Landlord and tenant
2inventory checklist.
31. A landlord and tenant may agree to use a checklist to
4determine the condition of the dwelling unit upon commencement
5of and termination of a lease.
62. If a landlord and tenant agree to use a checklist under
7this section, all of the following shall apply:
8a. The landlord shall provide the checklist to the tenant
9at the commencement of the tenancy. The landlord shall detail
10the condition of the dwelling unit and shall provide the tenant
11with a copy of the checklist. The checklist shall include
12all items that affect the habitability of the dwelling unit
13provided by the landlord at the commencement of the tenancy,
14including but not limited to flooring, window coverings,
15appliances, windows, furniture, walls, closets, shelves, paint,
16doors, plumbing fixtures, and electrical fixtures.
17b. The tenant may review the checklist, evaluate the
18condition of each item, record a description of each item
19on the checklist, and return the checklist to the landlord
20within five days of receipt. A tenant that does not return
21the checklist within five days of receipt shall be deemed to
22have forfeited all rights under this section. The landlord
23and tenant may extend this deadline by mutual agreement. A
24tenant’s provision of proof of mailing or other return of the
25checklist to the landlord shall be sufficient proof of receipt
26by the landlord.
27c. A checklist used under this section shall contain the
28following notice using not less than twelve point bold face
29type at the top of the first page:
30You should complete this inventory checklist, record a
31description of the condition of each item, and return it to the
32landlord within five days. Failure to do so will result in the
33forfeiture of your rights under Iowa Code section 562A.11A.
34d. At the termination of the tenancy, the landlord shall
35complete a termination inventory checklist by evaluating the
-1-1condition of each item, recording a description of each item’s
2condition, and delivering one copy of the checklist to the
3tenant as provided in section 562A.12, subsection 3, paragraph
4“a”.
5e. A landlord shall complete a termination checklist if
6a properly executed commencement checklist exists unless
7the tenant waives this requirement in writing prior to the
8termination of the tenancy.
93. This section shall not apply to the rental of land upon
10which a mobile home, as defined in section 562B.7, may be
11placed.
124. This section shall not be construed to create an
13obligation on a landlord to repair, replace, upgrade, or
14otherwise improve the dwelling unit or any item within the
15dwelling unit.
165. A tenant is deemed to be in possession of a checklist if
17the checklist is hand delivered or electronically delivered to
18the tenant at the commencement of the tenancy.
196. A subsequent checklist shall not be required for a
20renewal or extension of an existing tenancy.
217. A landlord shall keep a copy of all commencement and
22termination checklists entered into under this section for a
23period of one year following the termination of the tenancy,
24or for such longer period as the landlord may be required to
25retain lease documents as may be required by law.
26 Sec. 2. Section 562A.12, subsection 3, paragraph a,
27unnumbered paragraph 1, Code 2021, is amended to read as
28follows:
29A landlord shall, within thirty days from the date of
30termination of the tenancy and receipt of the tenant’s mailing
31address or delivery instructions the end of the lease contract
32or whenever the unit is re-rented, whichever is first, return
33the rental deposit to the tenant or furnish to the tenant a
34copy of any termination inventory checklist required to be
35completed by the landlord under section 562A.11A, subsection
-2-12, paragraph “d”, and a written statement showing the specific
2reason for withholding of the rental deposit or any portion
3thereof. If the rental deposit or any portion of the rental
4deposit is withheld for the restoration of the dwelling unit,
5the statement shall specify the nature of the damages. The
6landlord may withhold from the rental deposit only such amounts
7as are reasonably necessary for the following reasons:
8 Sec. 3. Section 562A.12, subsection 4, Code 2021, is amended
9to read as follows:
104. A landlord who fails to provide a written statement
11and a copy of any termination inventory checklist required
12to be completed by the landlord under section 562A.11A,
13subsection 2, paragraph “d”, within thirty days of termination
14of the tenancy and receipt of the tenant’s mailing address or
15delivery instructions shall forfeit all rights to withhold
16any portion of the rental deposit. If no mailing address or
17instructions are provided to the landlord within one year from
18the termination of the tenancy the rental deposit shall revert
19to the landlord and the tenant will be deemed to have forfeited
20all rights to the rental deposit.
21 Sec. 4. APPLICABILITY. This Act applies to tenancies
22commenced under chapter 562A on or after January 1, 2022.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill amends Iowa’s “Uniform Residential Landlord and
27Tenant Act” to allow a landlord to use inventory checklists
28both at the commencement and termination of tenancy for
29each dwelling unit. Inventory checklists are not required
30for a renewal or extension of an existing tenancy and the
31requirements of the bill do not apply to the rental of land
32upon which a mobile home, as defined in Code section 562B.7(6),
33may be placed. The checklist must include all items in
34the dwelling unit or on the premises owned by the landlord
35including but not limited to flooring, window coverings,
-3-1appliances, windows, furniture, walls, closets, shelves, paint,
2doors, plumbing fixtures, and electrical fixtures. The tenant
3then reviews the checklist, evaluates the condition of each
4item, records a description of each item’s condition on the
5checklist, and returns the checklist to the landlord within
6five days after receiving the checklist.
7Under the bill, inventory checklists must be retained by the
8landlord for a period of one year following termination of the
9tenancy or as otherwise required by law. At the termination of
10the tenancy, the landlord is required to complete a termination
11inventory checklist by evaluating the condition of each
12item, recording a description of each item’s condition on the
13checklist, and delivering a copy of the checklist to the tenant
14if the tenant had initially completed a checklist.
15A landlord who fails to provide a copy of a termination
16inventory checklist if required by the bill forfeits the right
17to withhold any portion of the tenant’s rental deposit.
18The bill applies to tenancies commenced under Code chapter
19562A on or after January 1, 2022.
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