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ESTATE OF VAZQUEZ v. HEPNER6/18/1997
iolated certain provisions of Iowa Code section 562A.15. We disagree.
Iowa Code section 562A.15 provides in relevant part:
1. The landlord shall:
a. Comply with the requirements of applicable building and housing codes materially affecting health and safety.
b. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
d. Maintain in good and safe working order and condition all electrical . . . facilities. . . .
Iowa Code ยง 562A.15. If the landlord fails to comply with section 562A.15, and it materially affects health and safety, the tenant may commence an action under Iowa Code section 562A.21.
The district court was correct in finding no violation of Iowa Code section 562A.15(1)(a), which requires a landlord to comply with applicable building and housing codes. There is no evidence that the Hepners violated the Davenport Uniform Housing Code. To the contrary, the premises passed inspection by the City of Davenport in 1988.
We also agree with the court that the Hepners did not violate Iowa Code section 562A.15(1)(b), which requires a landlord to make repairs and keep the premises in a fit and habitable condition, or section 562A.15(1)(d), which requires a landlord to maintain all electrical facilities in good and safe working order. As is the case with the implied warranty of habitability, the statute does not explicitly require a landlord to inspect all wiring before leasing the premises to a tenant. Inspections are not always required to satisfy Iowa Code section 562A.15. As with the common law duty of landlords under Mease, the key factor in determining a landlord's liability under section 562A.15 is whether the landlord knew or should have known of the defect. The statute is not intended to hold landlords strictly liable for any defect that causes injury to a tenant.
Here, it would have been unreasonable to require the Hepners to tear up their walls and ceilings to inspect the wiring. Because the Hepners did not have actual knowledge of any wiring problems, and the defect was not foreseeable, the Hepners had no obligation to hire an electrician to inspect the premises. The statute was satisfied because the premises appeared to be in good and safe working order.
VI. Conclusion.
The district court did not err in concluding that neither the implied warranty of habitability nor Iowa Code section 562A.15 imposes liability for electrical defects when the landlord did not know and had no reason to know of the defect. Therefore, we affirm the decision of the district court.
AFFIRMED.
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