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Re: @ Mr. Dan
by MrDan (Georgia)
on September 30, 2011 @17:28
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Iowa Statutes §562A.15, §562A.21 Highlights The landlord must:
· Comply with the requirements of applicable building and housing codes materially affecting health and safety
· Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition
· Keep all common areas of the premises in a clean and safe condition
· Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord
· Provide and maintain appropriate receptacles and conveniences, accessible to all tenants, for the central collection and removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal
· Supply running water and reasonable amounts of hot water at all times and reasonable heat, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection Just the Highlights of Iowa Law.
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Re: @ Mr. Dan
by Bryan (Ia)
on September 30, 2011 @18:17
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Since Iowa has no state codes on rentals, it has no meaning. It has meaning on the local level where some have adopted codes for rentals, but there is no state level definition or adoption of any code.
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Re: @ Mr. Dan
by MrDan (Georgia)
on September 30, 2011 @19:44
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Iowa does have Landlord/Tenant (rentals) laws, I believe you are not informed about them as you should be, as a landlord. The ' Warranty of Habitability' is implied in every lease for rental property, just because it's not spelled out in detail does not mean it does not exist. When a landlord rents a property, he implies that it meets health codes, building codes, sanitation codes, zoning codes, plumbing codes, Fire codes, Ventilation codes, electrical codes, etc. That is what 'Implied Warranty of Habitability' means. It is enforceable under law in Iowa as in other States. The 'Habitability Checklist' should be used as a guide to avoid problems. If you decide it has no meaning, that just makes you an uneducated landlord, and that reflects on all of us. I'm also sure that savvy landlords will utilize the list to their benefit and in turn, benefit with better properties.
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Iowa Supreme Court on 'Warranty of Habitability'
by MrDan (Georgia)
on September 30, 2011 @21:08
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As the Iowa Supreme Court stated in its landmark holding in Mease v. Fox, [W]e hold the landlord impliedly warrants at the outset of the lease that there are no latent defects in facilities and utilities vital to the use of the premises for residential purposes and that these essential features shall remain during the entire term in such condition to maintain the habitability of the dwelling. Further, the implied warranty we perceive in the lease situation is a representation there neither is nor shall be during the term a violation of applicable housing law, ordinance or regulation which shall render the premises unsafe, or unsanitary and unfit for living therein. Brown v. Southall Realty Co., 237 A.2d 834 (D.C.App. 1968); Marini v. Ireland, 56 N.J. 130, 265 A.2d 526 (1970
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