§ 562a-36

562A.36 Retaliatory conduct prohibited. 1. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after: a. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materiallyaffecting health and safety; b. The tenant has complained to the landlord of a violation under section 562A.15; orc. The tenant has organized or become a member of a tenants’ union or similar organization. 2. If the landlord acts in violation of subsection 1 of this section, the tenant may recover from the landlord the actual damages sustained by the tenant and reasonable attorneyfees, and has a defense in action against the landlord for possession. In an action by oragainst the tenant, evidence of a good-faith complaint within one year prior to the allegedact of retaliation creates a presumption that the landlord’s conduct was in retaliation. Thepresumption does not arise if the tenant made the complaint after notice of a proposedrent increase or diminution of services.

creates a presumption that the landlord’s conduct was in retaliation. Thepresumption does not arise if the tenant made the complaint after notice of a proposedrent increase or diminution of services. Evidence by the landlord that legitimate costs andcharges of owning, maintaining or operating a dwelling unit have increased shall be adefense against the presumption of retaliation when a rent increase is commensurate withthe increase in costs and charges. 3. Notwithstanding subsections 1 and 2 of this section, a landlord may bring an action for possession if: a. The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the tenant’s household or upon the premiseswith the tenant’s consent; b. The tenant is in default in rent; orc. Compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwellingunit. The maintenance of the action does not release the landlord from liability under section562A.21, subsection 2.

ng, or demolition which would effectively deprive the tenant of use of the dwellingunit. The maintenance of the action does not release the landlord from liability under section562A.21, subsection 2. [C79, 81, §562A.36]2013 Acts, ch 97, §9 Sat Dec 23 11:06:39 2023 Iowa Code 2024, Section 562A.36 (20, 0)