Understanding Landlord Rights to Enter Rented Property in Iowa

Landlord Right to Entry

“Under a valid lease, the landlord has a right to enter the occupied premises under certain conditions provided by Iowa Code sections 562A.19 and 562A.29.” (See State v. Baker (1989) 441 N.W.2d 388, 392.)

“These code provisions cannot supersede defendant's constitutional rights under the fourth amendment, but are part of the lease agreement which allows reasonable entry by the landlord.” (See id; State v. Koop (1982) 314 N.W.2d 384, 387.)

“A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in the case of abandonment, surrender…” (See Iowa Code section 562A.33. Section 562A.33; Lewis v. Jaeger (2012) 818 N.W.2d 165, 178.)

Limitations on Right of Entry by Landlord

“Ordinarily, a lease vests in a tenant the right of exclusive possession, which precludes entry by the landlord except for limited purposes.” (See Lewis v. Jaeger (2012) 818 N.W.2d 165, 186; Milton R. Friedman, Friedman on Leases § 4:3.1, at 4–21 (Patrick A. Randolph, Jr. ed., 5th ed.2012).)

“Under the IURLTA, a landlord may enter the dwelling unit without [the] consent of the tenant in case of emergency. The landlord, however, shall not abuse the right of access or use it to harass the tenant.” (See id; Iowa Code § 562A.19(2). Id. § 562A.19(3).)

“Except in cases of emergency or when it is impractical, the landlord is directed to give the tenant twenty-four hour notice before entering. Aside from the Code section, the landlord does not have another right of access except by court order, and as permitted by sections 562A.28 and 562A.29, or if the tenant has abandoned or surrendered the premises.” (See id.)

Landlord Access Rules

Section 562A.19 of the Iowa Property Code governs landlord access rights.

“The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.” (See Iowa Code § 562A.19.)

“The landlord may enter the dwelling unit without consent of the tenant in case of emergency.” (See id.)

“The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least twenty-four hours' notice of the landlord's intent to enter and enter only at reasonable times.” (See id.)

“The landlord does not have another right of access except by court order, and as permitted by sections 562A.28 and 562A.29, or if the tenant has abandoned or surrendered the premises.” (See id.)

Due Process

“Both the United States and Iowa Constitutions provide that "no person shall be deprived of life, liberty, or property, without due process of law.” (See F.K. v. Iowa District Court for Polk County (2001) 630 N.W.2d 801, 807-08; U.S. Const. amend. XIV; Iowa Const. art. I, § 9.)

“It is well-established that procedural due process imposes constraints on governmental decisions which deprive individuals of `liberty' or `property' interests within the meaning of the Due Process Clause of the . . . Fourteenth Amendment.” (See id; Mathews v. Eldridge (1976) 424 U.S. 319, 332, 96 S.Ct. 893, 901, 47 L.Ed.2d 18, 33.)

“Under procedural due process, notice and an opportunity to be heard are required when a person's property interests are at stake.” (See Lewis v. Jaeger (2012) 818 N.W.2d 165, 181; War Eagle Vill. Apartments v. Plummer (2009) 775 N.W.2d 714, 719; F.K. v. Iowa Dist. Ct. (2001) 630 N.W.2d 801, 808.)

“We employ a two-step analysis. First, we determine whether a person has been deprived of a protected liberty or property interest. If so, we address what process is due for the specific interest.” (See id; War Eagle Village v. Plummer (2009) 775 N.W.2d 714, 719; F.K. v. Iowa District Court for Polk County (2001) 630 N.W.2d 801, 808.)

Landlord Right to Show Rental Property

“The Uniform Residential Landlord and Tenant Act (URLTA), adopted in Iowa, also acknowledges the importance of the landlord's ability to show property that he or she has the right to sell or finance. It provides, ‘the tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to ... exhibit the dwelling unit to prospective or actual purchasers, mortgagees, [or] tenants....’” (See; Alta Vista Properties, LLC v. Mauer Vision Center, PC (2014) 855 N.W.2d 722, 732; Iowa Code § 562A.19(1) (2011).)

Courts have “recognized the importance of the tenant's right to quiet enjoyment, but went on to explain that a landlord attempting to sell its property also enjoyed a right worthy of protection [stating]:landlords have a strong interest in being able to sell their property if they choose to do so. The law generally favors free alienability of property. A landlord's ability to sell his or her property may be negatively impacted if the landlord cannot exhibit the property to prospective buyers at reasonable times.” (See id; Dromy v. Lukovsky (2013) 219 Cal.App.4th 278, 161 Cal.Rptr.3d 665, 669.)

“In addition, courts have recognized a landlord's right to show property to prospective tenants as well as prospective buyers.” (See Alta Vista Properties, LLC v. Mauer Vision Center, PC (2014) 855 N.W.2d 722, 732; see, e.g., Eight W. Thirtieth St. Corp. v. Zelart Drug Co. (1951) 107 N.Y.S.2d 324, 324 [permitting a landlord to exhibit commercial property where a statute gave the landlord the right to seek a prospective tenant].)

“The Illinois Appellate Court held that a landlord had the reasonable right to show the premises to prospective tenants upon receiving notice that the current tenant was terminating his tenancy.” (See id; Gronek v. Neuman (1964) 52 Ill.App.2d 250, 201 N.E.2d 617, 618.)

Legal Precedents and Case Law on Landlord Right of Entry

“There is ample authority for the proposition that when a landlord takes action pursuant to an order of a public official, a breach of the covenant of quiet enjoyment does not occur.” (See Lewis v. Jaeger (2012) 818 N.W.2d 165, 179-80; see, e.g., Zwerin v. Geiss (1963) 38 Misc.2d 306, 237 N.Y.S.2d 280, 284 [reentry of apartment by landlord required by public authoritiesdoes not subject landlord to action for disturbance or interference with leasehold interest]; Dunn v. Mellon (1892) 147 Pa. 11, 23 A. 210, 210 [landlord not liable to tenant for interference of possession of premises where city orders landlord to make building alterations]; Sunderman v. Warnken (1947) 251 Wis. 471, 29 N.W.2d 496, 499 [landlord entry to make repairs required by public officials not a breach of covenants]; 1 Herbert Thorndike Tiffany, A Treatise on the Law of Landlord and Tenant § 79(c)(4), at 526 (1912) [disturbance by acts of sovereign do not breach covenant of quiet enjoyment].)