Bill Text: IA SF2128 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to rental deposits by requiring certain disclosures by landlords when withholding rental deposits from tenants.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-29 - Introduced, referred to Judiciary. S.J. 159. [SF2128 Detail]
Download: Iowa-2023-SF2128-Introduced.html
Senate
File
2128
-
Introduced
SENATE
FILE
2128
BY
DICKEY
A
BILL
FOR
An
Act
relating
to
rental
deposits
by
requiring
certain
1
disclosures
by
landlords
when
withholding
rental
deposits
2
from
tenants.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2128
Section
1.
Section
562A.12,
subsection
3,
Code
2024,
is
1
amended
to
read
as
follows:
2
3.
a.
A
landlord
shall,
within
thirty
days
from
the
date
of
3
termination
of
the
tenancy
and
receipt
of
the
tenant’s
mailing
4
address
or
delivery
instructions,
return
the
rental
deposit
to
5
the
tenant
or
furnish
to
the
tenant
a
written
statement
showing
6
the
specific
reason
for
withholding
of
the
rental
deposit
or
7
any
portion
thereof.
If
the
rental
deposit
or
any
portion
8
of
the
rental
deposit
is
withheld
for
the
restoration
of
the
9
dwelling
unit,
the
statement
shall
specify
the
nature
of
the
10
damages.
The
landlord
may
withhold
from
the
rental
deposit
11
only
such
amounts
as
are
reasonably
necessary
for
the
following
12
reasons:
13
(1)
To
remedy
a
tenant’s
default
in
the
payment
of
rent
14
or
of
other
funds
due
to
the
landlord
pursuant
to
the
rental
15
agreement.
16
(2)
To
restore
the
dwelling
unit
to
its
condition
at
the
17
commencement
of
the
tenancy,
ordinary
wear
and
tear
excepted.
18
(3)
To
recover
expenses
incurred
in
acquiring
possession
19
of
the
premises
from
a
tenant
who
does
not
act
in
good
20
faith
in
failing
to
surrender
and
vacate
the
premises
upon
21
noncompliance
with
the
rental
agreement
and
notification
of
22
such
noncompliance
pursuant
to
this
chapter
.
23
b.
In
an
action
concerning
the
rental
deposit,
the
burden
24
of
proving,
by
a
preponderance
of
the
evidence,
the
reason
for
25
withholding
all
or
any
portion
of
the
rental
deposit
shall
be
26
on
the
landlord.
27
c.
A
written
statement
from
the
landlord
informing
the
28
tenant
that
the
rental
deposit
is
being
withheld
as
required
29
by
paragraph
“a”
shall
not
be
longer
than
one
page
and
shall
30
include
all
of
the
following:
31
(1)
The
amount
being
withheld.
32
(2)
The
tenant’s
legal
rights.
33
(3)
The
appeal
process
available
to
the
tenant
if
the
tenant
34
disagrees
with
landlord’s
reasons
for
withholding
the
rental
35
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2128
deposit.
1
(4)
If
the
rental
deposit
or
any
portion
of
the
rental
2
deposit
is
withheld
for
the
restoration
of
the
dwelling
unit,
3
the
statement
shall
specify
the
nature
of
the
damages.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
amends
the
“Uniform
Residential
Landlord
and
8
Tenant
Act”
to
require
a
landlord
to
provide
a
tenant
whose
9
rental
deposit
is
being
withheld
all
of
the
following:
why
10
the
deposit
is
being
withheld;
how
much
is
being
withheld;
the
11
legal
rights
available
to
the
tenant;
and
appeal
process
if
the
12
tenant
disagrees
with
the
reasons
behind
the
rental
deposit
13
being
withheld.
The
bill
also
provides
that
the
written
14
statement
shall
not
be
longer
than
one
page.
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