Legal Question in Landlord & Tenant Law in Iowa

Your problem is governed by Iowa Code chapter 562.A21. This assumes that you have a written rental agreement or lease.

562A.21 NONCOMPLIANCE BY THE LANDLORD -- IN

GENERAL.

1. Except as provided in this chapter, if there is a material

noncompliance by the landlord with the rental agreement or a

noncompliance with section 562A.15 materially affecting health and

safety, the tenant may elect to commence an action under this section

and shall deliver a written notice to the landlord specifying the

acts and omissions constituting the breach and that the rental

agreement will terminate upon a date not less than seven days after

receipt of the notice if the breach is not remedied in seven days,

and the rental agreement shall terminate and the tenant shall

surrender as provided in the notice subject to the following:

a. If the breach is remediable by repairs or the payment of

damages or otherwise, and if the landlord adequately remedies the

breach prior to the date specified in the notice, the rental

agreement shall not terminate.

b. If substantially the same act or omission which

constituted a prior noncompliance of which notice was given recurs

within six months, the tenant may terminate the rental agreement upon

at least seven days' written notice specifying the breach and the

date of termination of the rental agreement unless the landlord has

exercised due diligence and effort to remedy the breach which gave

rise to the noncompliance.

c. The tenant may not terminate for a condition caused by the

deliberate or negligent act or omission of the tenant, a member of

the tenant's family, or other person on the premises with the

tenant's consent.

2. Except as provided in this chapter, the tenant may recover

damages and obtain injunctive relief for any noncompliance by the

landlord with the rental agreement or section 562A.15 unless the

landlord demonstrates affirmatively that the landlord has exercised

due diligence and effort to remedy any noncompliance, and that any

failure by the landlord to remedy any noncompliance was due to

circumstances reasonably beyond the control of the landlord. If the

landlord's noncompliance is willful the tenant may recover reasonable

attorney's fees.

3. The remedy provided in subsection 2 is in addition to any

right of the tenant arising under subsection 1.

4. If the rental agreement is terminated, the landlord shall

return all prepaid rent and security recoverable by the tenant under

section 562A.12.