Iowa Code

Iowa Code § 562A.7 (2026)

Unconscionability

✓ current as of July 2026
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1. If the court, as a matter of law, finds that:

a. A rental agreement or any provision of it was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of an unconscionable provision to avoid an unconscionable result.

b. A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of an unconscionable provision to avoid any unconscionable result.

2. If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination. [C79, 81, §562A.7] \n

Notes of Decisions
Cited in 11 cases, 2016–2017 · leading case: Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). · cites it 12× “In another case, a Texas appellate court declared that bad faith for purposes of withholding a rental deposit is defined as 16Iowa Code section 562A.7 prohibits an unconscionable provision in a rental agreement.”
Lenora Caruso v. Apts. Downtown, Inc., 880 N.W.2d 465 (Iowa 2016). · cites it 4× “” The magistrate further found that the automatic cleaning provision required the tenant to forgo her rights under Iowa Code section 562A.7(2) by preventing the tenant from contesting the need for the cleaning and by failing to require the landlord to meet its burden of proof in…”
Daniel Kline, Frank Sories, & Amaris McCann v. Southgate Prop. Mgmt., LLC, 895 N.W.2d 429 (Iowa 2017). · cites it 4× “§ 562A.7, Beyond these express prohibitions, however, landlords and tenants are free to form residential rental contracts consistent with chapter 562A and the principles of law and equity supplementing it.”
Joan Walton v. Martin Gaffey, 895 N.W.2d 422 (Iowa 2017). · cites it 4× “As in Kline, however, we emphasize that the district court did not decide whether any of the fees, charges, and liquidated damage provisions challenged in this case by the tenants are unconscionable under section 562A.7 or unenforceable penalties under any other principle of law…”
Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). · cites it 7× “In another case, a Texas appellate court declared that bad faith for purposes of withholding a rental deposit is defined as 16Iowa Code section 562A.7 prohibits an unconscionable provision in a rental agreement.”
Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). · cites it 7× “In another case, a Texas appellate court declared that bad faith for purposes of withholding a rental deposit is defined as 16Iowa Code section 562A.7 prohibits an unconscionable provision in a rental agreement.”
Lenora Caruso v. Apts. Downtown, Inc. (Iowa 2016). · cites it 2× “” The magistrate further found that the automatic cleaning provision required the tenant to forgo her rights under Iowa Code section 562A.7(2) by preventing the tenant from contesting the need for the cleaning and by failing to require the landlord to meet its burden of proof in…”
Joan Walton v. Martin Gaffey (Iowa 2017). · cites it 2× “11(1) nor unconscionable under section 562A.7(1)(a). In the alternative, Gaffey asserted that Walton has asserted no claim that is ripe for adjudication because the 3Walton’s motion for summary judgment asserted that whether the cost of carpet cleaning is withheld from her…”
Amended July 19, 2017 Joan Walton v. Martin Gaffey (Iowa 2017). · cites it 2× “11(1) nor unconscionable under section 562A.7(1)(a). In the alternative, Gaffey asserted that Walton has asserted no claim that is ripe for adjudication because the 3Walton’s motion for summary judgment asserted that whether the cost of carpet cleaning is withheld from her…”
Amended August 1, 2017 Daniel Kline, Frank Sories, & Amaris Mccann v. Southgate Prop. Mgmt., LLC (Iowa 2017). · cites it 2× “§ 562A.7. Beyond these express prohibitions, however, landlords and tenants are free to form residential rental contracts consistent with chapter 562A and the principles of law and equity supplementing it.”
Amended August 22, 2016 Lenora Caruso v. Apts. Downtown, Inc. (Iowa 2016). · cites it 2× “” The magistrate further found that the automatic cleaning provision required the tenant to forgo her rights under Iowa Code section 562A.7(2) by preventing the tenant from contesting the need for the cleaning and by failing to require the landlord to meet its burden of proof in…”
— Iowa Code § 562A.7(1)(a) — 5 cases
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). “In another case, a Texas appellate court declared that bad faith for purposes of withholding a rental deposit is defined as 16Iowa Code section 562A.7 prohibits an unconscionable provision in a rental agreement.”
Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “In another case, a Texas appellate court declared that bad faith for purposes of withholding a rental deposit is defined as 16Iowa Code section 562A.7 prohibits an unconscionable provision in a rental agreement.”
Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “In another case, a Texas appellate court declared that bad faith for purposes of withholding a rental deposit is defined as 16Iowa Code section 562A.7 prohibits an unconscionable provision in a rental agreement.”
Joan Walton v. Martin Gaffey (Iowa 2017). “11(1) nor unconscionable under section 562A.7(1)(a). In the alternative, Gaffey asserted that Walton has asserted no claim that is ripe for adjudication because the 3Walton’s motion for summary judgment asserted that whether the cost of carpet cleaning is withheld from her…”
Amended July 19, 2017 Joan Walton v. Martin Gaffey (Iowa 2017). “11(1) nor unconscionable under section 562A.7(1)(a). In the alternative, Gaffey asserted that Walton has asserted no claim that is ripe for adjudication because the 3Walton’s motion for summary judgment asserted that whether the cost of carpet cleaning is withheld from her…”
— Iowa Code § 562A.7(2) — 3 cases
Lenora Caruso v. Apts. Downtown, Inc., 880 N.W.2d 465 (Iowa 2016). “” The magistrate further found that the automatic cleaning provision required the tenant to forgo her rights under Iowa Code section 562A.7(2) by preventing the tenant from contesting the need for the cleaning and by failing to require the landlord to meet its burden of proof in…”
Lenora Caruso v. Apts. Downtown, Inc. (Iowa 2016). “” The magistrate further found that the automatic cleaning provision required the tenant to forgo her rights under Iowa Code section 562A.7(2) by preventing the tenant from contesting the need for the cleaning and by failing to require the landlord to meet its burden of proof in…”
Amended August 22, 2016 Lenora Caruso v. Apts. Downtown, Inc. (Iowa 2016). “” The magistrate further found that the automatic cleaning provision required the tenant to forgo her rights under Iowa Code section 562A.7(2) by preventing the tenant from contesting the need for the cleaning and by failing to require the landlord to meet its burden of proof in…”
— Iowa Code § 562A.7(l)(a) — 2 cases
Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). “In another case, a Texas appellate court declared that bad faith for purposes of withholding a rental deposit is defined as 16Iowa Code section 562A.7 prohibits an unconscionable provision in a rental agreement.”
Joan Walton v. Martin Gaffey, 895 N.W.2d 422 (Iowa 2017). “As in Kline, however, we emphasize that the district court did not decide whether any of the fees, charges, and liquidated damage provisions challenged in this case by the tenants are unconscionable under section 562A.7 or unenforceable penalties under any other principle of law…”
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