Iowa Admin. Code r. 481—2015 § 481—2015.1

A licensee cannot rent or lease real estate, offer to rent or
lease real estate, negotiate or offer or agree to negotiate the rental or leasing of real estate, list or offer to
list real estate for the leasing or rental of real estate, assist or direct in the negotiation of any transaction
calculated or intended to result in the leasing or rental of real estate or show property to prospective renters
or lessees of real estate unless the licensee’s broker holds a current written property management agreement
or other written authorization signed by the owner of the real estate or the owner’s authorized agent.
2015.1(1) Every property management agreement or other written authorization between a broker and
an owner of real estate includes, but is not limited to, the following:
a. Proper identification of the property to be managed.
b. All terms and conditions under which the property is to be managed and the powers and authority
given to the broker by the owner.
c. Terms and conditions under which the broker will remit property income to the owner and when
the broker will provide periodic written statements of property income and expenses to the owner, which is
done no less than annually.
d. Which payments of property-related expenses are to be made by the broker to third parties.
e. Amount of fee or commission to be paid to the broker and when it will be paid.
f. Amount of security deposits and prepaid rents to be held by the broker or the owner.
g. Effective date of the agreement.
h. Terms and conditions for termination of the property management agreement by the broker or the
owner of the property.
i. Signatures of the broker and owner or the owner’s authorized agent.
2015.1(2) The licensee gives the owner or the owner’s authorized agent a legible copy of every
written property management agreement or written authorization at the time the signature of the owner is
obtained, and the licensee’s broker retains a copy.
2015.1(3) A licensee who is managing the leasing or rental of real estate may act as an agent in the
sale or exchange of that real estate only if the property management agreement clearly grants the specific
authorization and contains all of the necessary elements for a listing as set forth in rule 481--2011.1(543B)
or if a separate listing agreement is secured.
2015.1(4) The broker deposits all funds received on behalf of the owner, by no later than five banking
days after receipt of the funds, into a trust account maintained by the broker, under the broker’s control and
in compliance with Iowa Code section 543B.46 and rule 481--2013.1(543B).
2015.1(5) If the property management agreement is terminated or transferred for any reason, the
property manager:
a. Terminates the management activities of the property as provided in the agreement and except as
otherwise provided by the agreement;
b. Notifies the owner and any tenants of the property of the termination;
c. Provides the owner, not later than 30 days after the effective date of the termination, with any
unobligated funds due the owner under the agreement and not later than 60 days after the effective date of
the termination, provides the owner with a final accounting of the owner’s ledger account, the amount of
any obligated funds held in the property manager’s client trust account under the agreement, a statement
that explains why obligated funds are being held by the property manager and a statement of when and to
whom the obligated funds will be disbursed by the property manager;
d. May disburse any unobligated funds only to the owner or, with the proper written authorization of
the owner, to another property manager designated in writing by the owner;

e. Immediately notifies each tenant that the conditionally refundable deposit will be transferred to the
owner or to a new property manager and, at the same time, provides the name and address of the owner or
the new property manager to whom these deposits will be transferred.
2015.1(6) If any of the unobligated funds held by the property manager under the terminated
agreement represent tenants’ conditionally refundable deposits received from current tenants, the property
manager:
a. Cannot expend any tenant’s conditionally refundable deposits for payment of any expenses or fees
not otherwise allowed by the tenant’s rental or lease agreements, and
b. If any tenant terminates tenancy at the same time as or prior to the termination of the management
of the rented or leased property, the licensee completes any final accounting, inspection or other procedure
obligated by the tenant’s rental or lease agreement, by the Uniform Residential Landlord and Tenant Law,
Mobile Home Parks Residential Landlord and Tenant Law, or by the property management agreement,
unless the owner directs otherwise in writing.
2015.1(7) Financial dealings under a property management agreement are conducted subject to the
following:
a. A check is not issued or presented for payment prior to sufficient funds being in the owner’s
account to cover the check.
b. Transfers of funds between two or more accounts maintained for the same owner may be made if
proper entries are made on the ledgers of the accounts affected and the broker maintains the specific written
authorization of the owner.
Transfers of funds between an individual owner’s accounts are done by writing billings and receipts
debiting and crediting the appropriate accounts. Transfers are not done by ledger entries alone.
c. The broker cannot withdraw, pay or transfer money from the owner’s account in excess of the
remaining credit balance at the time of withdrawal, payment or transfer.
d. Management fees are withdrawn from the owner’s account at least once a month unless the
agreement provides otherwise. The fees are identified by property name or account number for which the
fees were earned and withdrawn by the broker and deposited into the broker’s business operating account.
Fees are not paid directly from the owner’s trust account to the broker.
e. Conditionally refundable deposits are placed in a trust account until refund is made or until all or a
portion of the deposit accrues to the owner under the tenant’s agreement.
If refundable deposits are not maintained in a separate trust account, the running balance of the account
does not, at any time, go below the total of the refundable deposits being held in the account.
f. The total of balances of the individual property management accounts of the broker equals the
balance shown on the journal, the account ledgers, and the reconciled bank balance of the broker.
All accounts and records are in compliance with Iowa Code section 543B.46 and rule
481--2013.1(543B).
g. Except as otherwise specifically allowed or provided in Iowa Code sections 562A.12(2) and
562B.13(2), if refundable deposits and funds are received from others pursuant to a property management
agreement, deposited in an interest-bearing trust account, and there is not a separate written agreement to
pay the interest earned to the owner or tenant, the interest is paid to the state pursuant to Iowa Code section
543B.46. The property manager does not receive or benefit from the interest.
The written approval agreement is signed by each party having an interest in the funds, fully disclosing
how the funds are to be handled by the property manager, who will benefit from the interest earnings, how
and when interest earnings will be paid and any limitations that may be provided for on the withdrawal of
the funds deposited in the interest-bearing trust account.
This rule is intended to implement Iowa Code chapters 17A, 272C, and 543B.
[Editorial change: IAC Supplement 6/10/26]