Bill Text: IA HF26 | 2023-2024 | 90th 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 305.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-09 - Withdrawn. H.J. 596. [HF26 Detail]
Download: Iowa-2023-HF26-Introduced.html
House
File
26
-
Introduced
HOUSE
FILE
26
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
TLSB
1254YH
(2)
90
cm/ns
H.F.
26
Section
1.
NEW
SECTION
.
562A.11A
Inventory
checklist.
1
1.
A
landlord
and
tenant
may
agree
to
use
a
checklist
to
2
determine
the
condition
of
the
dwelling
unit
upon
commencement
3
of
and
termination
of
a
lease.
4
2.
If
a
landlord
and
tenant
agree
to
use
a
checklist
under
5
this
section,
all
of
the
following
apply:
6
a.
The
landlord
shall
provide
the
checklist
to
the
tenant
7
at
the
commencement
of
the
tenancy.
The
landlord
shall
detail
8
the
condition
of
the
dwelling
unit
and
shall
provide
the
tenant
9
with
a
copy
of
the
checklist.
The
checklist
shall
include
10
all
items
that
affect
the
habitability
of
the
dwelling
unit
11
provided
by
the
landlord
at
the
commencement
of
the
tenancy,
12
including
but
not
limited
to
flooring,
window
coverings,
13
appliances,
windows,
furniture,
walls,
closets,
shelves,
paint,
14
doors,
plumbing
fixtures,
and
electrical
fixtures.
15
b.
The
tenant
may
review
the
checklist,
evaluate
the
16
condition
of
each
item,
record
a
description
of
each
item
17
on
the
checklist,
and
return
the
checklist
to
the
landlord
18
within
three
days
of
receipt.
A
tenant
that
does
not
return
19
the
checklist
within
three
days
of
receipt
shall
be
deemed
to
20
have
forfeited
all
rights
under
this
section.
The
landlord
21
and
tenant
may
extend
this
deadline
by
mutual
agreement.
A
22
tenant’s
provision
of
proof
of
mailing
or
other
return
of
the
23
checklist
to
the
landlord
shall
be
sufficient
proof
of
receipt
24
by
the
landlord.
25
c.
A
checklist
used
under
this
section
shall
contain
the
26
following
notice
using
not
less
than
twelve
point
boldface
type
27
at
the
top
of
the
first
page:
28
You
should
complete
this
inventory
checklist,
record
a
29
description
of
the
condition
of
each
item,
and
return
it
to
the
30
landlord
within
three
days.
Failure
to
do
so
will
result
in
31
the
forfeiture
of
your
rights
under
Iowa
Code
section
562A.11A.
32
d.
At
the
termination
of
the
tenancy,
the
landlord
shall
33
complete
a
termination
inventory
checklist
by
evaluating
the
34
condition
of
each
item,
recording
a
description
of
each
item’s
35
-1-
LSB
1254YH
(2)
90
cm/ns
1/
5
H.F.
26
condition,
and
delivering
one
copy
of
the
checklist
to
the
1
tenant
as
provided
in
section
562A.12,
subsection
3,
paragraph
2
“a”
.
3
e.
A
landlord
shall
complete
a
termination
checklist
if
4
a
properly
executed
commencement
checklist
exists
unless
5
the
tenant
waives
this
requirement
in
writing
prior
to
the
6
termination
of
the
tenancy.
7
3.
This
section
does
not
apply
to
the
rental
of
land
upon
8
which
a
mobile
home,
as
defined
in
section
562B.7,
may
be
9
placed.
10
4.
This
section
shall
not
be
construed
to
create
an
11
obligation
on
a
landlord
to
repair,
replace,
upgrade,
or
12
otherwise
improve
the
dwelling
unit
or
any
item
within
the
13
dwelling
unit.
14
5.
A
tenant
is
deemed
to
be
in
possession
of
a
checklist
if
15
the
checklist
is
hand
delivered
or
electronically
delivered
to
16
the
tenant
at
the
commencement
of
the
tenancy.
17
6.
A
subsequent
checklist
shall
not
be
required
for
a
18
renewal
or
extension
of
an
existing
tenancy.
19
7.
A
landlord
shall
keep
a
copy
of
all
commencement
and
20
termination
checklists
entered
into
under
this
section
for
a
21
period
of
one
year
following
the
termination
of
the
tenancy,
22
or
for
such
longer
period
as
the
landlord
may
be
required
to
23
retain
lease
documents
as
may
be
required
by
law.
24
8.
A
landlord
that
uses
a
checklist
may
collect
a
refundable
25
deposit
of
an
amount
not
to
exceed
one
hundred
fifty
dollars.
26
The
landlord
shall
collect
the
deposit
at
such
time
that
the
27
tenant
submits
the
rental
application.
The
landlord
may
28
require
the
tenant
to
pay
such
deposit
in
the
form
of
a
check.
29
If
the
tenant
returns
the
checklist
within
the
time
required,
30
the
landlord
shall
return
the
check
or
other
form
of
payment
31
accepted
by
the
landlord
within
three
days.
If
the
tenant
32
fails
to
return
the
checklist
the
deposit
shall
be
forfeited
to
33
the
landlord.
34
9.
A
fully
executed
checklist
under
this
section
is
presumed
35
-2-
LSB
1254YH
(2)
90
cm/ns
2/
5
H.F.
26
to
be
valid.
Any
damage
not
disclosed
on
the
checklist,
1
outside
of
ordinary
wear
and
tear,
is
presumed
to
be
the
fault
2
of
the
tenant.
3
Sec.
2.
Section
562A.12,
subsection
3,
paragraph
a,
4
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
5
follows:
6
A
landlord
shall,
within
thirty
days
from
the
date
of
7
termination
of
the
tenancy
and
receipt
of
the
tenant’s
mailing
8
address
or
delivery
instructions
the
end
of
the
lease
contract
9
or
the
date
the
unit
is
re-rented,
whichever
occurs
first
,
10
return
the
rental
deposit
to
the
tenant
or
furnish
to
the
11
tenant
a
copy
of
any
termination
inventory
checklist
required
12
to
be
completed
by
the
landlord
under
section
562A.11A,
13
subsection
2,
paragraph
“d”
,
and
a
written
statement
showing
the
14
specific
reason
for
withholding
of
the
rental
deposit
or
any
15
portion
thereof.
If
the
rental
deposit
or
any
portion
of
the
16
rental
deposit
is
withheld
for
the
restoration
of
the
dwelling
17
unit,
the
statement
shall
specify
the
nature
of
the
damages.
18
The
landlord
may
withhold
from
the
rental
deposit
only
such
19
amounts
as
are
reasonably
necessary
for
the
following
reasons:
20
Sec.
3.
Section
562A.12,
subsection
4,
Code
2023,
is
amended
21
to
read
as
follows:
22
4.
A
landlord
who
fails
to
provide
a
written
statement
23
and
a
copy
of
any
termination
inventory
checklist
required
24
to
be
completed
by
the
landlord
under
section
562A.11A,
25
subsection
2,
paragraph
“d”
,
within
thirty
days
of
termination
26
of
the
tenancy
and
receipt
of
the
tenant’s
mailing
address
or
27
delivery
instructions
shall
forfeit
all
rights
to
withhold
28
any
portion
of
the
rental
deposit.
If
no
mailing
address
or
29
instructions
are
provided
to
the
landlord
within
one
year
from
30
the
termination
of
the
tenancy
the
rental
deposit
shall
revert
31
to
the
landlord
and
the
tenant
will
be
deemed
to
have
forfeited
32
all
rights
to
the
rental
deposit.
33
Sec.
4.
APPLICABILITY.
This
Act
applies
to
tenancies
34
commenced
under
chapter
562A
on
or
after
January
1,
2024.
35
-3-
LSB
1254YH
(2)
90
cm/ns
3/
5
H.F.
26
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
amends
Iowa’s
“Uniform
Residential
Landlord
and
4
Tenant
Act”
to
allow
a
landlord
to
use
inventory
checklists
5
both
at
the
commencement
and
termination
of
tenancy
for
6
each
dwelling
unit.
Inventory
checklists
are
not
required
7
for
a
renewal
or
extension
of
an
existing
tenancy
and
the
8
requirements
of
the
bill
do
not
apply
to
the
rental
of
land
9
upon
which
a
mobile
home
may
be
placed.
The
checklist
must
10
include
all
items
in
the
dwelling
unit
or
on
the
premises
owned
11
by
the
landlord
including
but
not
limited
to
flooring,
window
12
coverings,
appliances,
windows,
furniture,
walls,
closets,
13
shelves,
paint,
doors,
plumbing
fixtures,
and
electrical
14
fixtures.
The
tenant
then
reviews
the
checklist,
evaluates
the
15
condition
of
each
item,
records
a
description
of
each
item’s
16
condition
on
the
checklist,
and
returns
the
checklist
to
the
17
landlord
within
three
days
after
receiving
the
checklist.
18
Under
the
bill,
inventory
checklists
must
be
retained
by
the
19
landlord
for
a
period
of
one
year
following
termination
of
the
20
tenancy
or
as
otherwise
required
by
law.
A
landlord
that
uses
21
a
checklist
may
collect
a
refundable
deposit
no
more
than
$150
22
to
be
returned
to
the
tenant
at
the
return
of
the
checklist
23
within
the
required
timeline.
The
landlord
may
require
24
the
deposit
to
be
in
the
form
of
a
check.
A
fully
executed
25
checklist
shall
be
presumed
valid
and
any
damage
not
disclosed
26
beyond
ordinary
wear
and
tear
shall
be
presumed
to
be
the
fault
27
of
the
tenant.
At
the
termination
of
the
tenancy,
the
landlord
28
is
required
to
complete
a
termination
inventory
checklist
by
29
evaluating
the
condition
of
each
item,
recording
a
description
30
of
each
item’s
condition
on
the
checklist,
and
delivering
a
31
copy
of
the
checklist
to
the
tenant
if
the
tenant
had
initially
32
completed
a
checklist.
33
A
landlord
who
fails
to
provide
a
copy
of
a
termination
34
inventory
checklist
if
required
by
the
bill
forfeits
the
right
35
-4-
LSB
1254YH
(2)
90
cm/ns
4/
5
