Breaking a lease in Iowa

Chapter 562A lets a tenant end the rental agreement early when you fail to remedy a material breach within seven days of the tenant's notice, when fire or casualty substantially impairs enjoyment of the unit, or when you enter unlawfully, enter in an unreasonable manner or harass the tenant with repeated demands for entry. If a tenant abandons the unit, you must make reasonable efforts to rent it at a fair rental. Iowa's military lease termination section (29A.101) and the federal servicemember law were not read for this page (Iowa Code § 562A.21; Iowa Code § 562A.25; Iowa Code § 562A.29; Iowa Code § 562A.35).

• After a fire or casualty that substantially impairs enjoyment of the unit, the tenant may vacate immediately and notify you in writing within 14 days of the intent to terminate; the agreement then ends as of the date the tenant vacated. If continued occupancy is lawful, the tenant may instead vacate the unusable part, and the rent is reduced in proportion to the lost fair rental value (Iowa Code § 562A.25).
• If the agreement ends because of the casualty, return all prepaid rent and the recoverable deposit (Iowa Code § 562A.25; Iowa Code § 562A.12).
• If you rent an abandoned unit for a term beginning before the old agreement would have expired, the old agreement ends when the new tenancy begins. If you do not use reasonable efforts to rent it at a fair rental, or you accept the abandonment as a surrender, it ends as of the date you had notice of the abandonment (Iowa Code § 562A.29).See Abandoned units and property on the Iowa page

If you materially fail to comply with the rental agreement, or with your repair duties in a way materially affecting health and safety, the tenant may give written notice specifying the breach and stating that the agreement will end on a date at least seven days after you receive it if the breach is not remedied within seven days. If you deliberately or negligently fail to supply running water, hot water, heat or essential services, the tenant may give written notice and then buy reasonable amounts of them and deduct the actual, reasonable cost from the rent, or pursue the other remedies that section allows (Iowa Code § 562A.21; Iowa Code § 562A.23).

• In an action for possession based on unpaid rent, the tenant has a defense if you failed to comply with the rental agreement or your repair duties, the tenant told you at least seven days before the rent due date that the tenant intended to correct the condition at your expense, the reasonable cost was no more than one month's rent, and the tenant had it corrected in good faith before receiving your written notice of intent to terminate for nonpayment. The amount spent is deducted from the rent claimed (Iowa Code § 562A.27(4); Iowa Code § 562A.15).
• None of these remedies is available for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or another person on the premises with the tenant's consent (Iowa Code § 562A.21; Iowa Code § 562A.23; Iowa Code § 562A.27(4)).

Iowa has no statute that sets a general rule on subletting a home. The lease controls, so state in it whether the tenant needs your written consent (Iowa Code ch. 562A).

Either party may end a month-to-month tenancy by written notice given at least 30 days before the periodic rental date the notice specifies. Either party may end a week-to-week tenancy by written notice given at least 10 days before the termination date the notice specifies (Iowa Code § 562A.34(2); Iowa Code § 562A.34(1)).

• Either party may end a tenancy with a term longer than month to month by written notice given at least 30 days before the end of the first or a later term that the notice specifies (Iowa Code § 562A.34(3)).
• Your termination notice must be served in one of the ways section 562A.29A allows (Iowa Code § 562A.29A).See Notice for unpaid rent on the Iowa page

Within 30 days from the date the tenancy ends and you receive the tenant's mailing address or delivery instructions, return the deposit or give the tenant a written statement showing the specific reason for keeping any part of it. You may keep only what is reasonably needed to cover unpaid rent or other money due under the rental agreement, to restore the unit to its condition at the start of the tenancy (ordinary wear and tear excepted), or to recover the cost of regaining possession from a tenant who did not act in good faith in failing to leave after noncompliance and notice (Iowa Code § 562A.12(3)).

• If you keep any part of the deposit to restore the unit, the statement must also give the nature of the damages (Iowa Code § 562A.12(3)).
• If you give no written statement within the 30 days, you forfeit all rights to keep any part of the deposit (Iowa Code § 562A.12).
• If the tenant gives no mailing address or delivery instructions within one year after the tenancy ends, the deposit reverts to you (Iowa Code § 562A.12).
• Keeping a deposit, or any part of it, in bad faith exposes you to punitive damages of up to twice the monthly rent on top of actual damages (Iowa Code § 562A.12(7)).
• In an action on a rental agreement, the court may award reasonable attorney fees to the prevailing party (Iowa Code § 562A.12(8)).