Q: Can landlords charge trip fees for frequent service requests in lease?
Can a landlord include a provision in a new lease that allows charging tenants for the trip fees when a service provider is called to perform repairs at the rental property? This is in response to frequent service requests, such as when tenants set the thermostat down to 40 degrees causing the air conditioner to stop cooling. The lease covers repair costs but does not currently mention trip charges.
A:
That’s a fair concern, especially if repeated service calls are being caused by tenant misuse rather than actual maintenance issues. In Iowa, landlords are allowed to include reasonable fees in a lease as long as those fees are clearly disclosed and agreed upon in writing by the tenant before they take effect. If the current lease doesn’t mention trip charges, you wouldn’t be able to enforce them until a new lease or lease addendum is signed.
You can revise the lease going forward to include a clause that outlines when trip fees may apply—for example, in cases where a service call reveals that the issue was caused by tenant behavior, not a system failure. It’s important to be specific so tenants understand the difference between legitimate maintenance and avoidable problems. The fee should be reasonable and reflect the actual cost incurred by the landlord for the unnecessary service visit.
Clear communication upfront can also prevent these issues. Including the trip fee in the new lease along with an explanation of what will and won’t be charged can help protect your property and reduce repeated service calls. You’re within your rights to set boundaries, as long as you’re transparent and fair in how they’re applied.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.