Iowa Code § 562A.9

Terms and conditions of rental agreement

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1. The landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. 2. In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit. 3. Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day-to-day. 4. For rental agreements in which the rent does not exceed seven hundred dollars per month, a rental agreement shall not provide for a late fee that exceeds twelve dollars per day or a total amount of sixty dollars per month. For rental agreements in which the rent is greater than seven hundred dollars per month, a rental agreement shall not provide for a late fee that exceeds twenty dollars per day or a total amount of one hundred dollars per month. 5. Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month. [C79, 81, §562A.9] 2013 Acts, ch 97, §3 Referred to in §562A.34

Notes of Decisions

Cited in 11 cases, 2007–2017 · leading case: Elyse De Stefano v. Apts. Downtown, Inc.

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Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa · cites it 6× “The IURLTA allows any provision “not prohibited by this chapter or other rule of law,” Iowa Code § 562A.9(1), while disallowing any provision that “waive[s] .”

Lenora Caruso v. Apts. Downtown, Inc. (2016) iowa · cites it 8× “Rather, the relevant provision is section 562A.9, which allows the landlord and tenant to “include in a rental agreement, terms and conditions not prohibited by this chapter or other rule of law.”

Daniel Kline, Frank Sories, and Amaris McCann v. Southgate Property Management, LLC (2017) iowa · cites it 7× “Iowa Code § 562A.9(1). As we have already noted, some specific categories of provisions are expressly prohibited under the Act.”

Hunter v. City of Des Moines Municipal Housing Authority (2007) iowa · cites it 3× “§ 562A.9 (1). Thus, the terms of a lease must also be examined to determine if the landlord and tenant have agreed to terms in addition to those provided by law.”

Crawford v. Yotty (2013) iowa · cites it 2× “Authority: Iowa Code § 562A.9 (1) Proposed instruction 12 and proposed instruction 13 are identical except the former states the landlords’ obligations arise “under Iowa law” and the latter states the landlords’ obligations arise out of the “Dwelling Unit Rental [A]greement.”

Amended August 1, 2017 Daniel Kline, Frank Sories, and Amaris Mccann v. Southgate Property Management, LLC (2017) iowa · cites it 7× “Iowa Code § 562A.9(1). As we have already noted, some specific categories of provisions are expressly prohibited under the Act.”

Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa · cites it 3× “The IURLTA allows any provision “not prohibited by this chapter or other rule of law,” Iowa Code § 562A.9(1), while disallowing any provision that “waive[s] .”

Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa · cites it 3× “The IURLTA allows any provision “not prohibited by this chapter or other rule of law,” Iowa Code § 562A.9(1), while disallowing any provision that “waive[s] .”

Lenora Caruso v. Apts. Downtown, Inc. (2016) iowa · cites it 2× “” Iowa Code § 562A.9(1). It is certainly reasonable, in my view, for a tenant to be required to pay for the wrecking of an interior door during the lease term, without requiring the landlord to prove who wrecked the door.”

Amended August 22, 2016 Lenora Caruso v. Apts. Downtown, Inc. (2016) iowa · cites it 2× “” Iowa Code § 562A.9(1). It is certainly reasonable, in my view, for a tenant to be required to pay for the wrecking of an interior door during the lease term, without requiring the landlord to prove who wrecked the door.”

Charmaine Hunter Vs. City Of Des Moines Municipal Housing Authority, Russell Underwood, Theresa Taylor And Tangela Weiss (2007) iowa · cites it 3× “See Iowa Code § 562A.9(1). The notices of termination sent by the DMMHA informed Hunter her lease would terminate thirty days after the current month’s term ended.”

— Iowa Code § 562A.9(1) — 10 cases

Elyse De Stefano v. Apts. Downtown, Inc. (2016) iowa “The IURLTA allows any provision “not prohibited by this chapter or other rule of law,” Iowa Code § 562A.9(1), while disallowing any provision that “waive[s] .”

Daniel Kline, Frank Sories, and Amaris McCann v. Southgate Property Management, LLC (2017) iowa “Iowa Code § 562A.9(1). As we have already noted, some specific categories of provisions are expressly prohibited under the Act.”

Lenora Caruso v. Apts. Downtown, Inc. (2016) iowa “Rather, the relevant provision is section 562A.9, which allows the landlord and tenant to “include in a rental agreement, terms and conditions not prohibited by this chapter or other rule of law.”

Hunter v. City of Des Moines Municipal Housing Authority (2007) iowa “§ 562A.9 (1). Thus, the terms of a lease must also be examined to determine if the landlord and tenant have agreed to terms in addition to those provided by law.”

Amended August 1, 2017 Daniel Kline, Frank Sories, and Amaris Mccann v. Southgate Property Management, LLC (2017) iowa “Iowa Code § 562A.9(1). As we have already noted, some specific categories of provisions are expressly prohibited under the Act.”

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