Brief Overview of Iowa Rental Laws
House rules and what constitutes normal wear and tear are just some of the issues that will arise when a lease is in place. Therefore, all tenants and owners need to have a solid understanding of Iowa rental and tenant laws.
Iowa’s rental laws are designed to protect both the landlord and the tenant. In fact there are over 30 tenant-specific laws. All landlords are required to provide a rental agreement to all tenants. Rental agreements should outline tenant and landlord responsibilities (this could include who is responsible for maintaining the yard , replacing light bulbs or paying utility bills). Rental or lease agreements also specifies whether the cost of utilities are included in the rent. Rental agreements provide details about when and how rents and deposits are to be paid. Providing a comprehensive rental agreement is one of the best ways to avoid future disputes between a landlord and tenant.
It is crucial that both the landlord and tenant understand the parameters of their lease so that disagreements can become less likely and those that do occur can be easily resolved. When the terms of rental agreements are unknown, disputes between tenants and landlords can lead to potentially expensive and costly mistakes.
When is Carpet Replacement Required?
Not all carpet needs to be replaced, in fact, some can be cleaned and with a few repairs live on for several additional years. This can be a source of frustration for tenants when they find themselves paying for the full replacement cost of carpet that is not that old. Instead, the tenant would like to just pay the depreciated value of the carpet, which is what most landlords or property owners want. But, when is carpet replacement necessary?
In my opinion, when carpet is subject to excessive wear and its life is over. The answer to whether or not wear is excessive can change depending upon the type of carpet, the quality of the carpet, the construction of the building, the location of the unit, the cleaning habits of the tenant, and the lifestyle of the tenant.
What is excessive damage? If you imagine carpet with a burn hole in it and you are renting to a heavy smoker who allows the carpet to be burned on a regular basis, that could be excessive damage. Or, if you think of carpet at a rental property where the carpet is right in front of the bathroom and the tenant lets water splash out every time he/she takes a shower, the carpet would start to deteriorate and warp from the water from the shower. That could be excessive damage. All of these circumstances will play a part in determining whether damage is excessive.
What is not excessive damage? If you see a burn mark in the carpet but the apartment is 6 years old and you have a policy that only replaces carpet once every 6 years regardless of damage, then the tenant would only have to pay for a portion of the replacement which is prorated based on remnant, if available, plus padding and installation.
Obligations of the Landlord for Carpet
Landlords may have a duty to replace or repair carpeting depending on the terms of your lease and/or local law. Iowa landlord-tenant law does not require a landlord to replace carpet or to install new carpet if the tenant has damaged it. Landlords and tenants should be aware that the "wear and tear" defense is available to tenants only as to normal wear and tear, and not damage. If the carpeting is damaged by a tenant, the landlord is not legally obligated to replace or repair it.
A landlord would be responsible for replacing or repairing carpeting if the carpeting violates the state’s housing maintenance code, or if there is a lease provision stating that the carpet is to be replaced at a certain time. The lease may set forth when turnover occurs and how to handle the carpeting in terms of replacement.
Unfortunately, it’s rare to find a lease that places the responsibility on the landlord. Instead, the burden usually falls on the tenant to handle replacement or repairs of the carpet. Check what the lease states about carpet replacement during tenant turnover. If you are a tenant, be sure to review the lease for any language that states that the landlord will take care of carpet replacement. If you are a landlord, look closely to see if the lease puts the burden on you to pay for carpet replacement.
It is likely that carpet is going to be treated as a fixture, which means it typically stays under the doctrine of "caveat lessee" or "buyer beware." Improvements and repairs are often the responsibility of the tenant, unless the lease specifically says otherwise.
Tenant & Guests’ Responsibilities and Rights
A tenant is obligated by Iowa law to keep the rental property in a reasonable state of repair, but that does not mean that the tenant must replace worn carpet. The first step before attempting to persuade a landlord to replace the carpet is to carefully review the lease. The lease may contain an explicit statement regarding carpet replacement , and if so, the landlord may be required to replace carpet at their expense. Even absent a provision in the lease, the successful negotiation of a change in the carpet may be possible if the tenant discusses the condition of the carpet with the landlord in a timely manner, uses tact, and is willing to offer some contribution towards carpet replacement.
Resolving Duress between Landlords and Tenants
Disputes between landlords and tenants are common and range in severity from being humorous to requiring an experienced lawyer. Some common areas of dispute include: carpet, cigarette burns, pet stains, excessive cleaning, missing fixtures and repair of damage caused by a third party, usually a neighbor.
In almost every case there are disputes over carpet. Carpets are expensive to remove and replace and are usually intended to have a 5-10 year life span. However, carpet gets dirty, wears out, is changed for new styles, gets cigarette burns, pet stains, holes from high heels and other types of damages. In these cases it is necessary to determine who is responsible for replacement costs.
First, landlords usually have a right to inspect the rental property and need to do so to confirm property condition. A tenant should keep carpets in reasonable condition. Likewise a landlord usually has a duty to keep carpets free from cigarette burns and tears, subject to "normal wear and tear."
If there are any disputes over carpet or any other issues you can file a complaint with the Iowa Real Estate Commission at www.iowarec.iowa.gov. They refer investigations to the Division of Labor (800-562-4692), the Attorney General’s Office or the Office of Consumer Advocate, who enforces consumer protection laws.
You might also consider using a mediation service. Iowa has a number of services which provide free or inexpensive mediation and arbitration services. A location of local programs or centers throughout Iowa can be found at the Iowa Mediation Service site at www.iowamediationservice.org.
Common FAQs Regarding Carpet Replacement
Q: How soon can I expect the carpet to be replaced after giving notice?
A: Iowa law requires that all lease agreements must comply with the maintenance and repairs obligations under Iowa Landlord Tenant Law. Generally speaking, a landlord’s obligation covers maintaining a rental unit in a safe, clean, and habitable condition. This includes replacing worn or damaged carpeting, but landlords are required to do so only in a reasonable time after being notified by the tenant. If you live in a new development, your landlord may have contracted with a company to re-carpet the apartments once per year. If you don’t see the carpet being replaced in your unit, ask your landlord what the schedule is for replacing carpets as tenants move out. Once they know the time and cost, they will be better able to schedule this work .
Q: If my carpeting is being replaced, am I responsible for the cost?
A: First, the responsive party must check for any terms in the rental lease. Most landlords in Iowa are well aware that the state requires them to maintain the property and many will cover the cost of replacement and consider replacing at their own expense as one of the required obligations. However, this is not true in every rental agreement and the landlord should be contacted to find out the mutual obligations and responsibilities outlined in the rental agreement. If it is unclear whether the lease holds the landlord responsible for carpet replacement, ask your landlord for clarification. Even while waiting for a response regarding the condition of the carpet, every attempt should be made to keep the carpeting in good shape and protect it from damage.