Iowa Code § 562B.23A
Wrongful failure to supply running water or essential services
Redline — January 1, 2023 → current.View current text →
Current — January 1, 2024
As of January 1, 2023
1. If contrary to the rental agreement or section 562B.16 the landlord deliberately or negligently fails to supply running water or other essential services, the tenant may give written notice to the landlord specifying the breach and may do one of the following:
1. If contrary to the rental agreement or section 562B.16 the landlord deliberately or negligently fails to supply running water or other essential services, the tenant may give written notice to the landlord specifying the breach and may do one of the following:
a. Procure reasonable amounts of water or other essential services during the period of the landlord’s noncompliance and deduct the actual and reasonable cost from the rent.
a. Procure reasonable amounts of water or other essential services during the period of the landlord’s noncompliance and deduct the actual and reasonable cost from the rent.
b. Recover damages based upon the diminution in the fair market value of the mobile home space.
b. Recover damages based upon the diminution in the fair market value of the mobile home space.
c. Recover any rent already paid for the period of the landlord’s noncompliance which shall be reimbursed on a pro rata basis.
c. Recover any rent already paid for the period of the landlord’s noncompliance which shall be reimbursed on a pro rata basis.
2. If the tenant proceeds under this section, the tenant may not proceed under section 562B.22 as to that breach.
2. If the tenant proceeds under this section, the tenant may not proceed under section 562B.22 as to that breach.
3. The rights under this section do not arise until the tenant has given notice to the landlord or if the condition was 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 consent of the tenant.
3. The rights under this section do not arise until the tenant has given notice to the landlord or if the condition was 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 consent of the tenant.
NEW section
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.