Bill Text: IA HF534 | 2021-2022 | 89th 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 (Democrat 4-0)

Status: (Introduced - Dead) 2021-02-16 - Introduced, referred to Judiciary. H.J. 399. [HF534 Detail]

Download: Iowa-2021-HF534-Introduced.html
House File 534 - Introduced HOUSE FILE 534 BY MASCHER , STAED , WINCKLER , and BOHANNAN 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 1462YH (2) 89 cm/jh
H.F. 534 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 unit. 3 Each inventory checklist shall detail the condition of the 4 dwelling unit or portion of the premises for which a rental 5 deposit is required. 6 2. At the commencement of the tenancy, the landlord shall 7 furnish the tenant two blank copies of a commencement inventory 8 checklist, which form shall be identical to the form used for 9 the termination inventory checklist. The checklist shall 10 include all items in the dwelling unit or on the premises 11 owned by the landlord including but not limited to carpeting, 12 draperies, appliances, windows, furniture, walls, closets, 13 shelves, paint, doors, plumbing fixtures, and electrical 14 fixtures. 15 3. a. The tenant shall review the checklist, evaluate the 16 condition of each item, record a description of each item’s 17 condition on both copies of the checklist, return one copy of 18 the checklist to the landlord within seven days after receiving 19 possession of the dwelling unit, and retain the second copy of 20 the inventory checklist. 21 b. Inventory checklists received by the landlord under 22 this subsection and those inventory checklists completed upon 23 termination of the tenancy under subsection 5 shall be retained 24 by the landlord for a period of three years. A tenant shall be 25 provided copies of the inventory checklists for the dwelling 26 unit’s immediately preceding tenant upon request. 27 c. The commencement checklist shall contain the following 28 notice using not less than twelve point boldface type at the 29 top of the first page: 30 You should complete this inventory checklist, record a 31 description of the condition of each item, and return it to the 32 landlord within seven days after obtaining possession of the 33 dwelling unit. You are also entitled to request and receive a 34 copy of the last termination inventory checklist which shows 35 -1- LSB 1462YH (2) 89 cm/jh 1/ 3
H.F. 534 what claims were charged to the last tenants. 1 4. At the termination of the tenancy, the landlord shall 2 complete a termination inventory checklist by evaluating the 3 condition of each item, recording a description of each item’s 4 condition on both copies of the checklist, and delivering one 5 copy of the checklist to the tenant as provided under section 6 562A.12, subsection 3, paragraph “a” . 7 Sec. 2. Section 562A.12, subsection 3, paragraph a, 8 unnumbered paragraph 1, Code 2021, is amended to read as 9 follows: 10 A landlord shall, within thirty days from the date of 11 termination of the tenancy and receipt of the tenant’s mailing 12 address or delivery instructions, return the rental deposit to 13 the tenant or furnish to the tenant a copy of the termination 14 inventory checklist completed under section 562A.11A, 15 subsection 4, and a written statement showing the specific 16 reason for withholding of the rental deposit or any portion 17 thereof. If the rental deposit or any portion of the rental 18 deposit is withheld for the restoration of the dwelling unit, 19 the statement shall specify the nature of the damages. The 20 landlord may withhold from the rental deposit only such amounts 21 as are reasonably necessary for the following reasons: 22 Sec. 3. Section 562A.12, subsection 4, Code 2021, is amended 23 to read as follows: 24 4. A landlord who fails to provide a written statement 25 and a copy of the termination inventory checklist completed 26 under section 562A.11A, subsection 4, within thirty days of 27 termination of the tenancy and receipt of the tenant’s mailing 28 address or delivery instructions shall forfeit all rights to 29 withhold any portion of the rental deposit. If no mailing 30 address or instructions are provided to the landlord within one 31 year from the termination of the tenancy the rental deposit 32 shall revert to the landlord and the tenant will be deemed to 33 have forfeited all rights to the rental deposit. 34 Sec. 4. APPLICABILITY. This Act applies to tenancies 35 -2- LSB 1462YH (2) 89 cm/jh 2/ 3
H.F. 534 commenced under chapter 562A on or after July 1, 2021. 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 require a landlord to use inventory checklists 6 both at the commencement and termination of tenancy for 7 each dwelling unit. At the commencement of the tenancy, 8 the landlord shall furnish the tenant two blank copies of a 9 commencement inventory checklist. The checklist must include 10 all items in the dwelling unit or on the premises owned by the 11 landlord including but not limited to carpeting, draperies, 12 appliances, windows, furniture, walls, closets, shelves, paint, 13 doors, plumbing fixtures, and electrical fixtures. The tenant 14 then reviews the checklist, evaluates the condition of each 15 item, records a description of each item’s condition on both 16 copies of the checklist, returns one copy of the checklist to 17 the landlord within seven days after receiving possession of 18 the dwelling unit, and retains the second copy of the inventory 19 checklist. 20 Under the bill, inventory checklists must be retained by 21 the landlord for a period of three years and a tenant shall, 22 upon request, be provided a copy of the inventory checklist 23 for the dwelling unit’s immediately preceding tenant. At 24 the termination of the tenancy, the landlord is required to 25 complete a termination inventory checklist by evaluating the 26 condition of each item, recording a description of each item’s 27 condition on both copies of the checklist, and delivering 28 one copy of the checklist to the tenant if a portion of the 29 tenant’s rental deposit was withheld. 30 The bill applies to tenancies commenced under Code chapter 31 562A on or after July 1, 2021. 32 -3- LSB 1462YH (2) 89 cm/jh 3/ 3
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