562A.24 Landlord’s noncompliance as defense to action for possession or rent. 1. In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for an amount whichthe tenant may recover under the rental agreement or this chapter. In that event the courtfrom time to time may order the tenant to pay into court all or part of the rent accrued andthereafter accruing, and shall determine the amount due to each party. The party to whoma net amount is owed shall be paid first from the money paid into court, and the balance bythe other party. If rent does not remain due after application of this section, judgment shallbe entered for the tenant in the action for possession. If the defense or counterclaim by thetenant is without merit and is not raised in good faith the landlord may recover reasonableattorney fees. 2. In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection 1, but the tenant is not required to pay any rent into court. [C79, 81, §562A.24]Referred to in §648.19 Sat Dec 23 11:06:32 2023 Iowa Code 2024, Section 562A.24 (18, 0)
Iowa Legal Code