Bill Text: IA HF443 | 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.(See HF 676, HF 2471.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-03-14 - Withdrawn. H.J. 567. [HF443 Detail]
Download: Iowa-2021-HF443-Introduced.html
House
File
443
-
Introduced
HOUSE
FILE
443
BY
LOHSE
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
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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
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
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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
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
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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,
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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.
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