Iowa Code ch. 562B § 562B.28
Waiver of landlord’s right to terminate
Operative Text
Acceptance of performance by the tenant that varied from the terms of the rental agreement or rules subsequently adopted by the landlord constitutes a waiver of the landlord’s right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
Under Iowa Code § 562B.28, when a landlord accepts a tenant's performance that differs from what the rental agreement or the landlord's rules require — for example, accepting a late or partial payment — that acceptance generally extinguishes the landlord's ability to terminate the tenancy based on that particular breach. The waiver applies to the specific breach that was accepted, not to future breaches. The parties may, however, reach a separate written or oral agreement after the breach occurs that preserves the landlord's termination rights despite the acceptance.
Plain English — not legal advice.
Iowa Code § 562B.28 means that property owners and managers who accept nonconforming performance — such as a rent payment that arrives late or falls short of the agreed amount — generally lose the right to terminate the tenancy on the basis of that specific breach. Operators who wish to preserve termination rights while still accepting a deficient payment commonly document a separate agreement with the tenant, made after the breach, that explicitly reserves those rights. Consistent acceptance of nonconforming performance without such documentation can create a pattern that affects how future disputes over similar breaches are evaluated.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Iowa Code § 562B.28 provides mobile-home tenants with a meaningful protection: if a landlord accepts performance that does not fully match the rental agreement or the landlord's rules, that acceptance generally constitutes a waiver of the landlord's right to terminate the tenancy for that breach. Tenants who receive a termination notice after a landlord has already accepted the nonconforming performance that forms the basis of the notice may be able to raise this waiver as a defense in any resulting proceeding. Tenant-rights organizations and legal aid offices can help tenants understand how § 562B.28 might apply to their circumstances and what documentation — such as records of payments accepted — could be relevant.
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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