Must a Landlord Provide me with a Copy of the Lease Agreement?

[Haywards]

Location:
Iowa

Landlord:
He operates under an LLC., but is the sole owner of the handful of properties he owns and is the only contact.

Issue:
We signed a lease over three months ago. I am very good about retaining records and have had several instances in my 7-year rental history where referring to the lease came in very handy during the contract period. So, of course, I asked for a copy of the lease upon signing. He said he would email one to us. Since then, I have requested a copy (in writing, via email) on three occasions. Two out of the three times he has responded saying he will get me a copy asap.

Questions:
1. Am I legally entitled to a copy of our contract?
2. Are there any repercussions to him for not providing a copy? It seems as if I am unable to be sure about what is my responsibility and what is his, or what he has defined as normal wear and tear, or what his policies are on guests in the home or sublets (if ever there were an issue), or what I should expect in receiving all of the deposit back, etc. I'm just thinking if he attempts to withhold a portion of the deposit at the end of lease terms for something unusual that may have been in the lease that we were unaware of during the period of time that we occupied the home without access to the lease. Because I like to ensure payment, I have provided him with a stack of post-dated checks for the length of our lease agreement - something that now makes me nervous not having a copy of the lease.
3. We moved back to Iowa from South Dakota and we drove five hours the day we signed the lease just to sign it. While I read the lease terms very carefully, am I expected to have memorized every word?


Thank you,

 

[army judge]

Iowa is very protective of tenants and their rights. By statute, Iowa has many laws to make sure it's citizens and renters are secure in their rental units.




http://www.iowalegalaid.org/resource/summary-of-iowa-landlord-and-tenant-law




http://www.iowafinanceauthority1.com/docs/AAL/ConsumersToolkit/GuideBooks/RentalHandbook.pdf




A written rental agreement between the landlord and the tenant is not necessary if the lease will last less than a year. However, it is recommended that a written agreement be used for all transactions regarding the renting of property. Having the agreement in writing protects both the landlord and the tenant. Items to include in a written agreement are: the term of the agreement, the rent amount, day of month when rent shall be due, amount of security deposit, name and address of the manager, a list of who pays which utilities, and any other provisions decided between landlord and tenant.

I've found nothing in Iowa rental law that requires the landlord to reduce the rental terms to writing. If it isn't in writing, the tenancy becomes a month to month tenancy, not a term limited, written tenancy. I have found the following, however, which is someone on point.

562A.10 EFFECT OF UNSIGNED OR UNDELIVERED RENTAL AGREEMENT.
1. If a landlord does not sign and deliver a written rental
agreement signed and delivered to the landlord by the tenant,
acceptance of rent without reservation by the landlord gives the
rental agreement the same effect as if it had been signed and
delivered by the landlord.

2. If a tenant does not sign and deliver a written rental
agreement signed and delivered to the tenant by the landlord,
acceptance of possession without reservation gives the rental
agreement the same effect as if it had been signed and delivered by
the tenant.

3. If a rental agreement given effect by the operation of this
section provides for a term longer than one year, it is effective
only for one year.








https://coolice.legis.iowa.gov/Cool-ICE/default.asp?Category=billinfo&Service=IowaCode&input=562A

However, in your case, you did sign a lease and the landlord has failed to provide you a written copy of the lease you and he allegedly signed. In the future, don't rent any unit or pay the rental money unless you receive (or at least take a copy of the lease with your smart phone or other copying device of the signed lease agreement)!!!!

Your remedy at this point might be to retain an attorney and request the attorney to send the landlord a letter demanding a copy of the lease you signed months ago, you informing the landlord you will consider the rental to be a month to month tenancy if the lease isn't received within seven days. The landlord is disadvantaged by month to month tenancies. Read below for further details.

So far, I've found nothing in my research that requires the landlord to supply a copy of the lease to the tenant. If the LL doesn't do so, however, the leasehold becomes a month to month tenancy. That would make no sense because the LL is disadvantaged by doing so, unless he or she believes they can avoid the rental certificacy laws of Iowa. That again makes no sense, because renting units with such certificates, when required by law, is prima facie proof of violating such laws anyway.


A rental certificate is required in any city or municipality with a population of more than 15,000. Iowa Code section 364.17 (3). These means that rental units must be licensed and certified in those cities and must comply with city ordinances. In Des Moines, an Inspection Certificate is required for every rental unit, and single family residences and duplexes are inspected every 36 months and apartments and condos inspected at least every 24 months. City of Des Moines Housing Code, Division 9, Section 26-757. The Iowa Code exempts owner-occupied premises and rental units in an area where there is no housing code requirement.
Failure to obtain a valid Inspection Certificate if required means the property cannot legally be rented. The tenancy would be void for illegality, but the landlord still might recover rent in quantum meruit (basically meaning recovery for what is owed). In Des Moines, landlords face fines of up to $500 for leasing homes without a proper rental certificate.


Leases should be in writing, otherwise the lease is considered month by month, and the landlord cannot recover any rental payment deficiency.

Certain provisions in leases are prohibited and cannot be utilized in a lease to circumvent the law, and could expose the landlord to liability.
These provisions include:
a. Provision waiving legal rights or remedies. Iowa Code section 562A.11(1)(a).
b. Confession of judgment on a claim arising out of the rental agreement (such as mandatory fees, including cleaning fees, in forfeiture). Iowa Code 562A.11(1)(b).
c. Agreement to pay attorney's fees. Although ok in other states, this provision is not allowed in Iowa and generic leases should be examined for this provision. Iowa Code section 562A.11(1)(c).
d. Limitation of liability or indemnification of landlord. Iowa Code section 562A.11(1)(d).
e. Different terms for different tenants based on prohibited criteria (discrimination). Iowa Code sections 216.8, 216.8A.
f. Security deposit exceeding 2 months' rent. Iowa Code section 562A.12(3).
g. Increase in residential rent during the term of lease (commercial lease ok). Iowa code 562A.13(5).
h. Late fees that deviate from the code percentage listed in the banking code ($10.day for 4 days for a max of $40 per month).
i. Incentive for early payment of rent that is disguised as a late fee. Iowa Code section 535.2(7).
j. Nonrefundable security deposit clause or provision that the tenant forfeits a security deposit under certain circumstances. Iowa Code section 562A.11(2).
k. Mandatory carpet cleaning/ repainting/ cleaning/ turning charge. Iowa Code section 562A.12(3). Normal wear and tear cannot require forfeiting any portion of the security deposit. Uhlenhake v. Professional Property Management Inc., No. CL-82571 (D. Iowa 5th District, entered April 19, 2000 (citing with approval Southmark Management Corp. v. Vick, 692 S.W.2d 157, 160 (Tex. App. 1985).

http://www.robertpetersonlaw.com/landlord-and-tenant-law-in-iowa.html


If you just want to browse through the Iowa landlord-tenant law, you can find state statutes at Iowa Code Ann. §§ 562A.1 to 562A.37. You can search the table of contents for the landlord-tenant statutes. Or, if you don't know the exact statute number, you can enter a keyword that is likely to be in it, such as "nonpayment of rent."