562A.27 Noncompliance with rental agreement — failure to pay rent — violation of federal regulation. 1. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with section 562A.17 materially affectinghealth and safety, the landlord may deliver a written notice to the tenant specifying the actsand omissions constituting the breach and that the rental agreement will terminate upona date not less than seven days after receipt of the notice if the breach is not remedied inseven days, and the rental agreement shall terminate as provided in the notice subject to theprovisions of this section. If the breach is remediable by repairs or the payment of damagesor otherwise and the tenant adequately remedies the breach prior to the date specifiedin the notice, the rental agreement shall not terminate. If substantially the same act oromission which constituted a prior noncompliance of which notice was given recurs withinsix months, the landlord may terminate the rental agreement upon at least seven days’written notice specifying the breach and the date of termination of the rental agreement. 2. as given recurs withinsix months, the landlord may terminate the rental agreement upon at least seven days’written notice specifying the breach and the date of termination of the rental agreement. 2. If rent is unpaid when due and the tenant fails to pay rent within three days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rentalagreement if the rent is not paid within that period of time, the landlord may terminate therental agreement. 3. Except as provided in this chapter, the landlord may recover damages and obtain injunctive relief for noncompliance by the tenant with the rental agreement or section562A.17 unless the tenant demonstrates affirmatively that the tenant has exercised duediligence and effort to remedy any noncompliance, and that the tenant’s failure to remedyany noncompliance was due to circumstances beyond the tenant’s control. If the tenant’snoncompliance is willful, the landlord may recover reasonable attorney fees. 4. In any action by a landlord for possession based upon nonpayment of rent, proof by the tenant of the following shall be a defense to any action or claim for possession by thelandlord, and the ees. 4. In any action by a landlord for possession based upon nonpayment of rent, proof by the tenant of the following shall be a defense to any action or claim for possession by thelandlord, and the amounts expended by the claimant in correcting the deficiencies shall bededucted from the amount claimed by the landlord as unpaid rent: a. That the landlord failed to comply either with the rental agreement or with section 562A.15; and b. That the tenant notified the landlord at least seven days prior to the due date of the tenant’s rent payment of the tenant’s intention to correct the condition constituting the breachreferred to in paragraph 'a' at the landlord’s expense; and c. That the reasonable cost of correcting the condition constituting the breach is equal to or less than one month’s periodic rent; and d. That the tenant in good faith caused the condition constituting the breach to be corrected prior to receipt of written notice of the landlord’s intention to terminate the rentalagreement for nonpayment of rent. 5. Notwithstanding any other provisions of this chapter, a municipal housing agency established pursuant to chapter 403A may issue a thirty-day notice of lease rentalagreement for nonpayment of rent. 5. Notwithstanding any other provisions of this chapter, a municipal housing agency established pursuant to chapter 403A may issue a thirty-day notice of lease termination fora violation of a rental agreement by the tenant when the violation is a violation of a federalregulation governing the tenant’s eligibility for or continued participation in a public housingprogram. The municipal housing agency shall not be required to provide the tenant with aright or opportunity to remedy the violation or to give any notice that the tenant has such aright or opportunity when the notice cites the federal regulation as authority. [C79, 81, §562A.27]95 Acts, ch 125, §6, 7; 2003 Acts, ch 154, §2Referred to in §562A.27A, 562A.29A, 562A.32, 648.3 Sat Dec 23 11:06:34 2023 Iowa Code 2024, Section 562A.27 (18, 0)
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