Bill Text: IA HF2471 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of inventory checklists upon commencement and termination of residential tenancies and including applicability provisions.(Formerly HF 676, HF 443.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-03-21 - Subcommittee: Lofgren, Guth, and J. Smith. S.J. 561. [HF2471 Detail]
Download: Iowa-2021-HF2471-Introduced.html
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:
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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
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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.
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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
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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.
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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.
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