Iowa Code

Iowa Code § 562A.22 (2026)

Failure to deliver possession

✓ current as of July 2026
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1. If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in section 562A.14, rent abates until possession is delivered and the tenant shall:

a. Upon at least five days’ written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or

b. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or a person wrongfully in possession and recover the damages sustained by the tenant.

2. If a landlord’s failure to deliver possession is willful and not in good faith, a tenant may recover from the landlord the actual damages sustained by the tenant and reasonable attorney fees. [C79, 81, §562A.22] \n

Notes of Decisions
Cited in 2 cases, 2017–2017 · leading case: Daniel Kline, Frank Sories, & Amaris McCann v. Southgate Prop. Mgmt., LLC, 895 N.W.2d 429 (Iowa 2017).
Daniel Kline, Frank Sories, & Amaris McCann v. Southgate Prop. Mgmt., LLC, 895 N.W.2d 429 (Iowa 2017). · cites it 4× “” The provision cannot be saved in our view by the ambiguous introductory phrase “[s]ubject to other remedies at law” as it otherwise clearly purports to attempt to limit SouthGate’s liability and the tenants’ remedy for damages sustained as a consequence of the delay under…”
Amended August 1, 2017 Daniel Kline, Frank Sories, & Amaris Mccann v. Southgate Prop. Mgmt., LLC (Iowa 2017). · cites it 4× “” The provision cannot be saved in our view by the ambiguous introductory phrase “[s]ubject to other remedies at law” as it otherwise clearly purports to attempt to limit SouthGate’s liability and the tenants’ remedy for damages sustained as a consequence of the delay under…”
— Iowa Code § 562A.22(1)(6) — 1 case
Daniel Kline, Frank Sories, & Amaris McCann v. Southgate Prop. Mgmt., LLC, 895 N.W.2d 429 (Iowa 2017). “” The provision cannot be saved in our view by the ambiguous introductory phrase “[s]ubject to other remedies at law” as it otherwise clearly purports to attempt to limit SouthGate’s liability and the tenants’ remedy for damages sustained as a consequence of the delay under…”
— Iowa Code § 562A.22(1)(b) — 1 case
Amended August 1, 2017 Daniel Kline, Frank Sories, & Amaris Mccann v. Southgate Prop. Mgmt., LLC (Iowa 2017). “” The provision cannot be saved in our view by the ambiguous introductory phrase “[s]ubject to other remedies at law” as it otherwise clearly purports to attempt to limit SouthGate’s liability and the tenants’ remedy for damages sustained as a consequence of the delay under…”
— Iowa Code § 562A.22(2) — 2 cases
Daniel Kline, Frank Sories, & Amaris McCann v. Southgate Prop. Mgmt., LLC, 895 N.W.2d 429 (Iowa 2017). “” The provision cannot be saved in our view by the ambiguous introductory phrase “[s]ubject to other remedies at law” as it otherwise clearly purports to attempt to limit SouthGate’s liability and the tenants’ remedy for damages sustained as a consequence of the delay under…”
Amended August 1, 2017 Daniel Kline, Frank Sories, & Amaris Mccann v. Southgate Prop. Mgmt., LLC (Iowa 2017). “” The provision cannot be saved in our view by the ambiguous introductory phrase “[s]ubject to other remedies at law” as it otherwise clearly purports to attempt to limit SouthGate’s liability and the tenants’ remedy for damages sustained as a consequence of the delay under…”
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