Security Deposits
The Iowa Landlord Tenant Act allows your landlord to charge you a security deposit to “secure” your performance under the lease. If you abide by your lease and do not damage the property, the deposit is refunded to you.
Amount Charged
Typically, 1 month’s rent. The deposit cannot exceed 2 months’ rent.
Reasons for Landlord to Keep Deposit
- To cover repairs or replacement of property damaged by tenant(s) beyond ordinary wear and tear
- To cover unpaid rent or other payments owed by the tenant
- To recover expenses of removing a tenant who remains in the dwelling after proper notice to leave.
- If the tenant fails to provide a forwarding address within one year of the lease end.
Note: The landlord has the burden of proving the reason for deducting money from the deposit, However, the tenant should be prepared to give evidence of the contrary.
Getting the Deposit Back
- Get a receipt for the deposit
- Complete a move-in inspection checklist. If the landlord does not provide one, one is available at http://legal.studentlife.uiowa.edu. Document any stains, tears, dirt, burn marks, other damage, etc.
- Take pictures/video of your unit to document the condition of the unit and the beginning and end of the lease
- Inform the landlord of any maintenance concerns that occur during the tenancy
- Return the unit to the landlord in the condition in which you received it
- Return all keys
- Provide a forwarding address to your landlord in writing or via their online portal, if applicable. The permanent address you provided on your application is not enough
Time Allowed for Landlord to Return Deposit
The landlord must return the deposit or give the tenant a written statement of deductions within 30 days of the termination of tenancy and receipt of the forwarding mailing address. Otherwise, the landlord forfeits all rights to the deposit.
If the Landlord Does Not Return the Deposit
Send a letter or e-mail to the landlord requesting the return of your deposit. Explain why the deductions are wrongful. If there is no response, seek legal advice as to your rights as a tenant.