Iowa Code ch. 425 § 425.35
Defense to action for nonpayment of rent
Operative Text
It is an affirmative defense to any action by a landlord based upon nonpayment or partial payment of rent that the landlord increased the rent primarily because the tenant had received, or was eligible for, reimbursement under this subchapter.
Iowa Code § 425.35 establishes a legal defense that tenants can raise when a landlord brings an action for nonpayment or partial payment of rent. Specifically, the rule recognizes that if a landlord raised the rent mainly because a tenant received or was eligible for a property-tax relief reimbursement under the relevant subchapter, that rent increase is treated as an improper basis for a nonpayment action. The provision effectively limits a landlord's ability to use nonpayment proceedings when the underlying rent increase was motivated by the tenant's participation in a public assistance program.
Plain English — not legal advice.
Under Iowa Code § 425.35, property owners and managers should be aware that rent increases tied primarily to a tenant's receipt of, or eligibility for, property-tax relief reimbursements can expose a nonpayment action to an affirmative defense. Compliant operators generally document the legitimate, non-retaliatory business reasons behind any rent adjustment to demonstrate that program participation was not the primary driver. Keeping clear records of the factors that informed a rent change helps support the integrity of any future nonpayment proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Iowa Code § 425.35 gives tenants an affirmative defense they may raise in court if a landlord brings a nonpayment-of-rent action and the rent was increased primarily because the tenant received or was eligible for a property-tax reimbursement under the relevant subchapter. Tenants who believe this situation applies to them may raise this defense directly in the legal proceeding brought against them. Consulting a tenant-rights organization or legal aid provider familiar with Iowa housing law can help a tenant understand how this defense might apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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