Iowa Code » Chapter 562A — UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW

Iowa Code § 562A.11

Prohibited provisions in rental agreements

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1. A rental agreement shall not provide that the tenant or landlord does any of the following:

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Tue Dec 09 22:01:02 2025 Iowa Code 2026, Chapter 562A (25, 0) §562A.11, UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW 6\n\n a. Agrees to waive or to forego rights or remedies under this chapter provided that this restriction shall not apply to rental agreements covering single family residences on land assessed as agricultural land and located in an unincorporated area. b. Authorizes a person to confess judgment on a claim arising out of the rental agreement. c. Agrees to pay the other party’s attorney fees. d. Agrees to the exculpation or limitation of any liability of the other party arising under law or to indemnify the other party for that liability or the associated costs. 2. If the landlord receives rental assistance payments under a rental assistance agreement administered by the United States department of agriculture under the multifamily housing rental assistance program under Tit. V of the federal Housing Act of 1949, Pub. L. No. 81-171, or receives housing assistance payments under a housing assistance payment contract administered by the United States department of housing and urban development under the housing choice voucher program, the new construction program, the substantial rehabilitation program, or the moderate rehabilitation program under section 8 of the United States Housing Act of 1937, Pub. L. No. 75-412, a rental agreement shall not contain a provision or impose a rule that requires a person to agree, as a condition of tenancy, to a prohibition or restriction on the lawful ownership, use, or possession of a firearm, a firearm component, or ammunition within the tenant’s specific rental unit. A landlord may impose reasonable restrictions related to the possession, use, or transportation of a firearm, a firearm component, or ammunition within common areas as long as those restrictions do not circumvent the purpose of this subsection. A tenant shall exercise reasonable care in the storage of a firearm, a firearm component, or ammunition. This subsection does not apply to any prohibition or restriction that is required by federal or state law, rule, or regulation. 3. A provision prohibited by this section included in a rental agreement is unenforceable. If a landlord willfully uses a rental agreement containing provisions known by the landlord to be prohibited, a tenant may recover actual damages sustained by the tenant and not more than three months’ periodic rent and reasonable attorney fees. [C79, 81, §562A.11] 2021 Acts, ch 35, §22 Referred to in §562A.16\n\n ARTICLE II LANDLORD OBLIGATIONS

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Notes of Decisions
Cited in 12 cases, 2012–2017 · leading case: Elyse De Stefano v. Apts. Downtown, Inc.
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Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa · cites it 43× “” Iowa Code section 562A.11 also has an attorneys’ fee provision.”
Daniel Kline, Frank Sories, and Amaris McCann v. Southgate Property Management, LLC (2017) iowa · cites it 64× “Iowa Code § 562A.11. This provision is a remedial feature of the reform legislation that was designed, as Professor Lovell has explained, “to ensure that the new protections afforded .”
Lenora Caruso v. Apts. Downtown, Inc. (2016) iowa · cites it 34× “The magistrate further found the landlord willfully used a rental agreement that contained two provisions known by the landlord to be prohibited under Iowa Code section 562A.11. As a result, the tenant was awarded an additional two months’ rent in the amount of $2770.”
Umeka Lewis v. John J. Jaeger, Robert E. Boge, and the City of Dubuque (2012) iowa · cites it 2× “Although summary judgment was granted, the district court declined to award damages under Iowa Code section 562A.11(2) because it found Jaeger’s conduct was not willful.”
Joan Walton v. Martin Gaffey (2017) iowa · cites it 10× “Walton’s petition further asserted the various provisions limiting or exculpating Gaffey’s liability violated section 562A.11(1). In addition, the petition alleged the lease provisions allocating to her the cost of carpet cleaning are prohibited under the Act because they…”
Amended August 1, 2017 Daniel Kline, Frank Sories, and Amaris Mccann v. Southgate Property Management, LLC (2017) iowa · cites it 60× “Iowa Code § 562A.11. This provision is a remedial feature of the reform legislation that was designed, as Professor Lovell has explained, “to ensure that the new protections afforded .”
Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa · cites it 24× “” Iowa Code section 562A.11 also has an attorneys’ fee provision.”
Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa · cites it 24× “” Iowa Code section 562A.11 also has an attorneys’ fee provision.”
Lenora Caruso v. Apts. Downtown, Inc. (2016) iowa · cites it 18× “The magistrate further found the landlord willfully used a rental agreement that contained two provisions known by the landlord to be prohibited under Iowa Code section 562A.11. As a result, the tenant was awarded an additional two months’ rent in the amount of $2770.”
Amended August 22, 2016 Lenora Caruso v. Apts. Downtown, Inc. (2016) iowa · cites it 18× “The magistrate further found the landlord willfully used a rental agreement that contained two provisions known by the landlord to be prohibited under Iowa Code section 562A.11. As a result, the tenant was awarded an additional two months’ rent in the amount of $2770.”
Joan Walton v. Martin Gaffey (2017) iowa · cites it 14× “In particular, Walton alleged the provisions imposing fees, charges, and liquidated damages in the event of various occurrences violated Iowa Code sections 562A.11(1), 562A.27, and 562A.32 (2015) because a landlord may recover only actual damages under the Act.”
Amended July 19, 2017 Joan Walton v. Martin Gaffey (2017) iowa · cites it 14× “In particular, Walton alleged the provisions imposing fees, charges, and liquidated damages in the event of various occurrences violated Iowa Code sections 562A.11(1), 562A.27, and 562A.32 (2015) because a landlord may recover only actual damages under the Act.”
— Iowa Code § 562A.11(1) — 5 cases
Daniel Kline, Frank Sories, and Amaris McCann v. Southgate Property Management, LLC (2017) iowa “Iowa Code § 562A.11. This provision is a remedial feature of the reform legislation that was designed, as Professor Lovell has explained, “to ensure that the new protections afforded .”
Joan Walton v. Martin Gaffey (2017) iowa “Walton’s petition further asserted the various provisions limiting or exculpating Gaffey’s liability violated section 562A.11(1). In addition, the petition alleged the lease provisions allocating to her the cost of carpet cleaning are prohibited under the Act because they…”
Amended August 1, 2017 Daniel Kline, Frank Sories, and Amaris Mccann v. Southgate Property Management, LLC (2017) iowa “Iowa Code § 562A.11. This provision is a remedial feature of the reform legislation that was designed, as Professor Lovell has explained, “to ensure that the new protections afforded .”
Joan Walton v. Martin Gaffey (2017) iowa “In particular, Walton alleged the provisions imposing fees, charges, and liquidated damages in the event of various occurrences violated Iowa Code sections 562A.11(1), 562A.27, and 562A.32 (2015) because a landlord may recover only actual damages under the Act.”
Amended July 19, 2017 Joan Walton v. Martin Gaffey (2017) iowa “In particular, Walton alleged the provisions imposing fees, charges, and liquidated damages in the event of various occurrences violated Iowa Code sections 562A.11(1), 562A.27, and 562A.32 (2015) because a landlord may recover only actual damages under the Act.”
— Iowa Code § 562A.11(1)(a) — 9 cases
Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa “” Iowa Code section 562A.11 also has an attorneys’ fee provision.”
Lenora Caruso v. Apts. Downtown, Inc. (2016) iowa “The magistrate further found the landlord willfully used a rental agreement that contained two provisions known by the landlord to be prohibited under Iowa Code section 562A.11. As a result, the tenant was awarded an additional two months’ rent in the amount of $2770.”
Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa “” Iowa Code section 562A.11 also has an attorneys’ fee provision.”
Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa “” Iowa Code section 562A.11 also has an attorneys’ fee provision.”
Lenora Caruso v. Apts. Downtown, Inc. (2016) iowa “The magistrate further found the landlord willfully used a rental agreement that contained two provisions known by the landlord to be prohibited under Iowa Code section 562A.11. As a result, the tenant was awarded an additional two months’ rent in the amount of $2770.”
— Iowa Code § 562A.11(1)(d) — 3 cases
Joan Walton v. Martin Gaffey (2017) iowa “In particular, Walton alleged the provisions imposing fees, charges, and liquidated damages in the event of various occurrences violated Iowa Code sections 562A.11(1), 562A.27, and 562A.32 (2015) because a landlord may recover only actual damages under the Act.”
Amended July 19, 2017 Joan Walton v. Martin Gaffey (2017) iowa “In particular, Walton alleged the provisions imposing fees, charges, and liquidated damages in the event of various occurrences violated Iowa Code sections 562A.11(1), 562A.27, and 562A.32 (2015) because a landlord may recover only actual damages under the Act.”
Amended August 1, 2017 Daniel Kline, Frank Sories, and Amaris Mccann v. Southgate Property Management, LLC (2017) iowa “Iowa Code § 562A.11. This provision is a remedial feature of the reform legislation that was designed, as Professor Lovell has explained, “to ensure that the new protections afforded .”
— Iowa Code § 562A.11(2) — 10 cases
Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa “” Iowa Code section 562A.11 also has an attorneys’ fee provision.”
Daniel Kline, Frank Sories, and Amaris McCann v. Southgate Property Management, LLC (2017) iowa “Iowa Code § 562A.11. This provision is a remedial feature of the reform legislation that was designed, as Professor Lovell has explained, “to ensure that the new protections afforded .”
Lenora Caruso v. Apts. Downtown, Inc. (2016) iowa “The magistrate further found the landlord willfully used a rental agreement that contained two provisions known by the landlord to be prohibited under Iowa Code section 562A.11. As a result, the tenant was awarded an additional two months’ rent in the amount of $2770.”
Umeka Lewis v. John J. Jaeger, Robert E. Boge, and the City of Dubuque (2012) iowa “Although summary judgment was granted, the district court declined to award damages under Iowa Code section 562A.11(2) because it found Jaeger’s conduct was not willful.”
Amended August 1, 2017 Daniel Kline, Frank Sories, and Amaris Mccann v. Southgate Property Management, LLC (2017) iowa “Iowa Code § 562A.11. This provision is a remedial feature of the reform legislation that was designed, as Professor Lovell has explained, “to ensure that the new protections afforded .”
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