Understanding Tenant Rights in Iowa

Warranty of Habitability

“The implied warranty of habitability was established in Mease v. Fox, 200 N.W.2d 791, 796 (Iowa 1972), when the Iowa Supreme Court recognized the obligation of a landlord to provide his tenant with premises suitable for habitation.” (See Struve v. Payvandi, 740 N.W.2d 436, 439 (Iowa Ct. App. 2007)

“An implied warranty of habitability exists in all oral or written leases of a dwelling, which includes houses, condominiums, and apartments.” (See Mease v. Fox (1972) 200 N.W.2d 791, 796; Estate of Vazquez v. Hepner (1997) 564 N.W.2d 426, 429.)

“Under this warranty, 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 . . . 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.” (See id; Estate of Vazquez v. Hepner (1997) 564 N.W.2d 426, 429-30.)

“However, the presence of a defect and a resulting injury does not automatically lead to liability for the landlord. Instead, a landlord is only liable for injuries resulting from a hidden or latent defect if the landlord knew or should have known of the defect. Implicit in this standard is the rule that a landlord must, on some occasions, make reasonable inspections to search for latent defects.” (See id; Struve v. Payvandi (2007) 740 N.W.2d 436, 439.)

Landlord’s Duty Concerning Latent Defects and Tenant Safety

“There can be no violation of the implied warranty of habitability without a latent defect or a material violation of a housing code. A latent defect is a hidden or concealed defect.” (See Estate of Vazquez v. Hepner (1997) 564 N.W.2d 426, 430; Mease v. Fox (1972) 200 N.W.2d 791, 796; Black's Law Dictionary 794 (5th ed. 1979).)

“Further, a landlord is only liable for injuries resulting from a hidden or latent defect if the landlord knew or should have known of the defect. In all other instances, the tenant must notify the landlord of the defect or the need for repair. In other words, a landlord is not strictly liable for all defects that result in injuries to tenants.” (See id; Knapp v. Simmons, (1984) 345 N.W.2d 118, 122; Wright v. Peterson (1966) 259 Iowa 1239, 1244, 146 N.W.2d 617, 620.)

“Even if a landlord has no actual knowledge of a defect, the landlord may have a duty to discover latent defects. In describing this duty, one court stated: The landlord's obligation is only to do what is reasonable under the circumstances. The landlord need not take extraordinary measures or make unreasonable expenditures of time and money in trying to discover hazards unless the circumstances so warrant. When there is a potential serious danger, which is foreseeable, a landlord should anticipate the danger and conduct a reasonable inspection before passing possession to the tenant. However, if no such inspection is warranted, the landlord has no such obligation.” (See id; Resolution Trust Corp. v. Rossmoor Corp. (1995) 34 Cal.App.4th 93, 40 Cal.Rptr.2d 328, 333.)

“Under this standard, the landlord has a duty to conduct a reasonable inspection before passing possession to a tenant when there is a potential serious danger, which is foreseeable. The question of whether the potential serious danger was foreseeable necessarily depends on the circumstances of the case and rests in the hands of the fact finder.” (See Struve v. Payvandi (2007) 740 N.W.2d 436, 440; see, e.g., Benham v. King (2005) 700 N.W.2d 314, 319 [The conduct necessary to satisfy the duty of reasonable care to inspect depends on the circumstances. Normally, it is a fact question to be decided by the jury].)

Quiet Enjoyment

“In Iowa, a covenant of quiet enjoyment is implied in every lease.” (See Duck Creek Tire Serv. v. Goodyear Corners, No. 0-092 / 09-0999, at *10 (Iowa Ct. App. Apr. 8, 2010); Cohen v. Hayden, 180 Iowa 232, 245, 157 N.W. 217, 221 (1916), aff'd on reh'g, 163 N.W. 238, 239 (Iowa 1917).)

“The implied covenant is a promise that, during the term of his [or her] tenancy, the tenant shall not be disturbed in the enjoyment of the premises by the lessor or anyone claiming under him [,her] or by anyone claiming paramount title.” (See id; Rahman v. Fed. Mgmt. Co. (1978) 505 N.E.2d 548, 550; see also Kane v. Mink (1884) 64 Iowa 84, 19 N.W. 852, 853 [The covenant for quiet enjoyment is for the protection of the lessee from the claims of third persons having title paramount to the lessor].)

“Generally, the right to or covenant of quiet enjoyment obligates the landlord to refrain from interferences with the tenant's possession during the tenancy, and protects the tenant's right to the peaceful and undisturbed enjoyment and possession of the leasehold.” (See id; 52A C.J.S. Landlord Tenant § 735, at 98 (2003).)

“Generally, the covenant of quiet enjoyment does not extend to acts of other tenants or third parties unless such acts are performed on behalf of the landlord or by one claiming paramount title. The lessor is not responsible for the conduct of the tenants acting within their rights in their own premises.” (See id.)

Privacy

“We have held that a tenant, unrelated to a landlord, may have a reasonable expectation of privacy in a rented bedroom under the Iowa Constitution.” (See State v. Brooks (2016) 888 N.W.2d 406, 411; State v. Fleming (2010) 790 N.W.2d 560, 567.)

“To establish a legitimate expectation of privacy in his room, [plaintiff] must show

1. a subjective expectation of privacy and
2. this expectation of privacy was reasonable.”

(See id; State v. Tyler (2015) 867 N.W.2d 136, 168; State v. Ortiz (2000) 618 N.W.2d 556, 559.)

“The determination of whether a person has a legitimate expectation of privacy with respect to a certain area is made on a case-by-case basis, considering the unique facts of each particular situation.” (See id.)