Bill Text: IA HF2216 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act requiring the use of inventory checklists upon commencement of a residential tenancy and including applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-04 - Subcommittee Meeting: 02/06/2020 12:00PM House Lounge. [HF2216 Detail]

Download: Iowa-2019-HF2216-Introduced.html
House File 2216 - Introduced HOUSE FILE 2216 BY LOHSE A BILL FOR An Act requiring the use of inventory checklists upon 1 commencement of a residential tenancy and including 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6055YH (1) 88 md/jh
H.F. 2216 Section 1. NEW SECTION . 562A.11A Inventory checklists. 1 1. A landlord shall use inventory checklists both at the 2 commencement and termination of tenancy for each dwelling 3 unit. Each inventory checklist shall detail the condition 4 of the dwelling unit or portion of the premises for which a 5 rental deposit is required. An additional inventory checklist 6 shall not be required for a renewal or extension of an existing 7 tenancy. 8 2. At the commencement of the tenancy, the landlord shall 9 furnish the tenant two blank copies of a commencement inventory 10 checklist, which form shall be identical to the form used for 11 the termination inventory checklist. The checklist shall 12 include all items in the dwelling unit or on the premises 13 owned by the landlord including but not limited to carpeting, 14 draperies, appliances, windows, furniture, walls, closets, 15 shelves, paint, doors, plumbing fixtures, and electrical 16 fixtures. 17 3. a. The tenant shall review the checklist, evaluate the 18 condition of each item, record a description of each item’s 19 condition on both copies of the checklist, return one copy of 20 the checklist to the landlord within seven days after receiving 21 possession of the dwelling unit, and retain the second copy of 22 the inventory checklist. 23 b. Inventory checklists received by the landlord under 24 this subsection and those inventory checklists completed upon 25 termination of the tenancy under subsection 5 shall be retained 26 by the landlord for a period of ten years. A tenant shall be 27 provided copies of the inventory checklists for the dwelling 28 unit’s immediately preceding tenant upon request. 29 c. The commencement checklist shall contain the following 30 notice using not less than twelve-point boldface type at the 31 top of the first page: 32 You should complete this inventory checklist, record a 33 description of the condition of each item, and return it to the 34 landlord within seven days after obtaining possession of the 35 -1- LSB 6055YH (1) 88 md/jh 1/ 4
H.F. 2216 dwelling unit. You are also entitled to request and receive a 1 copy of the last termination inventory checklist which shows 2 what claims were charged to the last tenants. 3 4. At the termination of the tenancy, the landlord shall 4 complete a termination inventory checklist by evaluating the 5 condition of each item, recording a description of each item’s 6 condition on both copies of the checklist, and delivering one 7 copy of the checklist to the tenant as provided under section 8 562A.12, subsection 3, paragraph “a” . 9 5. This section shall not apply to the rental of land 10 upon which a mobile home, as defined under section 562B.7, 11 subsection 6, may be placed. 12 Sec. 2. Section 562A.12, subsection 3, paragraph a, 13 unnumbered paragraph 1, Code 2020, is amended to read as 14 follows: 15 A landlord shall, within thirty days from the date of 16 termination of the tenancy and receipt of the tenant’s mailing 17 address or delivery instructions, return the rental deposit to 18 the tenant or furnish to the tenant a copy of the termination 19 inventory checklist completed under section 562A.11A, 20 subsection 4, and a written statement showing the specific 21 reason for withholding of the rental deposit or any portion 22 thereof. If the rental deposit or any portion of the rental 23 deposit is withheld for the restoration of the dwelling unit, 24 the statement shall specify the nature of the damages. The 25 landlord may withhold from the rental deposit only such amounts 26 as are reasonably necessary for the following reasons: 27 Sec. 3. Section 562A.12, subsection 4, Code 2020, is amended 28 to read as follows: 29 4. A landlord who fails to provide a written statement 30 and a copy of the termination inventory checklist completed 31 under section 562A.11A, subsection 4, within thirty days of 32 termination of the tenancy and receipt of the tenant’s mailing 33 address or delivery instructions shall forfeit all rights to 34 withhold any portion of the rental deposit. If no mailing 35 -2- LSB 6055YH (1) 88 md/jh 2/ 4
H.F. 2216 address or instructions are provided to the landlord within one 1 year from the termination of the tenancy the rental deposit 2 shall revert to the landlord and the tenant will be deemed to 3 have forfeited all rights to the rental deposit. 4 Sec. 4. APPLICABILITY. This Act applies to tenancies 5 commenced under chapter 562A on or after July 1, 2020. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill amends Iowa’s “Uniform Residential Landlord and 10 Tenant Act” to require a landlord to use inventory checklists 11 both at the commencement and termination of tenancy for 12 each dwelling unit. At the commencement of the tenancy, 13 the landlord shall furnish the tenant two blank copies of a 14 commencement inventory checklist. Inventory checklists are 15 not required for a renewal or extension of an existing tenancy 16 and the requirements of the bill do not apply to the rental 17 of land upon which a mobile home, as defined in Code section 18 562B.7(6), may be placed. The checklist must include all items 19 in the dwelling unit or on the premises owned by the landlord 20 including but not limited to carpeting, draperies, appliances, 21 windows, furniture, walls, closets, shelves, paint, doors, 22 plumbing fixtures, and electrical fixtures. The tenant then 23 reviews the checklist, evaluates the condition of each item, 24 records a description of each item’s condition on both copies 25 of the checklist, returns one copy of the checklist to the 26 landlord within seven days after receiving possession of the 27 dwelling unit, and retains the second copy of the inventory 28 checklist. 29 Under the bill, inventory checklists must be retained by 30 the landlord for a period of 10 years and a tenant shall, 31 upon request, be provided a copy of the inventory checklist 32 for the dwelling unit’s immediately preceding tenant. At 33 the termination of the tenancy, the landlord is required to 34 complete a termination inventory checklist by evaluating the 35 -3- LSB 6055YH (1) 88 md/jh 3/ 4
H.F. 2216 condition of each item, recording a description of each item’s 1 condition on both copies of the checklist, and delivering 2 one copy of the checklist to the tenant if a portion of the 3 tenant’s rental deposit was withheld. 4 The bill applies to tenancies commenced under Code chapter 5 562A on or after July 1, 2020. 6 -4- LSB 6055YH (1) 88 md/jh 4/ 4
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