As I was reading the article “10 things your landlord wants you to know” in the Daily on Feb. 2, I could not help but be disturbed by the wording of tip number 10, which stated, “Leave your apartment clean: Your version of clean may be different than my version. My version wins. I have your deposit.”Tip number 10 also states that the landlord keeps a “ … standard amount to have the carpeting professionally cleaned between each tenant …“

While these statements tend to reflect the views of many landlords, they do not seem to fit with the Iowa Code 562 A.12, which states that the landlord may withhold from the rental deposit only such amounts as are reasonably necessary … to restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted. The Iowa Code also states, “In an action concerning the rental deposit, the burden of proving, by a preponderance of the evidence, the reason for withholding all or any portion of the rental deposit shall be on the landlord.”

The code seems to say that a landlord cannot legally withhold for “normal wear and tear” and the burden of proving damage to something like carpets is on the landlord, not the tenant. The landlord also cannot automatically withhold deposit money for carpet cleaning, as there is no reason they can assume at the start of the lease that the carpet will be damaged beyond normal wear and tear.