Iowa Code 562B.23A – Wrongful failure to supply running water or essential services
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 562B.23A
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
562B.23A Wrongful failure to supply running water or essential services.
1. If contrary to the rental agreement or § 562B.16 the landlord deliberately or negligently fails to supply running water or other essential services, the tenant may give written notice to the landlord specifying the breach and may do one of the following:
a. Procure reasonable amounts of water or other essential services during the period of the landlord’s noncompliance and deduct the actual and reasonable cost from the rent.
b. Recover damages based upon the diminution in the fair market value of the mobile home space.
c. Recover any rent already paid for the period of the landlord’s noncompliance which shall be reimbursed on a pro rata basis.
2. If the tenant proceeds under this section, the tenant may not proceed under section
562B.22 as to that breach.
3. The rights under this section do not arise until the tenant has given notice to the landlord or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the consent of the tenant.
2022 Acts, ch 1070, §9, 10
1. If contrary to the rental agreement or § 562B.16 the landlord deliberately or negligently fails to supply running water or other essential services, the tenant may give written notice to the landlord specifying the breach and may do one of the following:
a. Procure reasonable amounts of water or other essential services during the period of the landlord’s noncompliance and deduct the actual and reasonable cost from the rent.
b. Recover damages based upon the diminution in the fair market value of the mobile home space.
c. Recover any rent already paid for the period of the landlord’s noncompliance which shall be reimbursed on a pro rata basis.
2. If the tenant proceeds under this section, the tenant may not proceed under section
562B.22 as to that breach.
3. The rights under this section do not arise until the tenant has given notice to the landlord or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the consent of the tenant.
2022 Acts, ch 1070, §9, 10