# ESA Letter in Dubuque, IA: Thirty Days on the Deposit

> Iowa Code § 562A.12 gives a Dubuque landlord thirty days and a written statement — or he forfeits the right to keep any of the deposit at all.

- Source: https://supportanimal.com/blog/iowa-emotional-support-animal/dubuque/
- Publisher: Support Animal (supportanimal.com)
- Updated: 2026-08-23
- License note: informational content; not legal or medical advice.

## Key facts

- Population: 58,987
- Households renting: 34.2%
- Typical pet deposit (as a pet): Capped: 2 months' rent
- Typical pet rent (as a pet): Waived once approved
- Breed/weight limits common: yes
- Pet fees, deposits, and breed limits with a valid ESA letter: none (FHA reasonable accommodation)

## Old housing, and the argument it produces

8,928 of Dubuque's 26,131 occupied homes are rented, **34.2 percent** on the
2020-2024 American Community Survey, six points above the 28.3 percent
statewide. Median gross rent is **$948**, twenty-four dollars under the Iowa
figure and among the lowest of the state's dozen largest cities.

Dubuque is a river city of 58,987 people with a housing stock older than most
of Iowa's, and old buildings generate a specific kind of dispute at the end of
a tenancy. Scuffed floors. Trim that has been painted six times. A carpet
that was already tired on the day you moved in. And, if there was an animal
in the unit, an obvious thing to attribute all of it to.

Iowa Code § 562A.12 is written with more precision about that fight than most
tenants realise, and the precision runs in the tenant's favour more often
than not.

## Thirty days, or nothing

The operative deadline, at § 562A.12(3)(a), is:

> A landlord shall, within thirty days from the date of termination of the
> tenancy and receipt of the tenant's mailing address or delivery
> instructions, return the rental deposit to the tenant or furnish to the
> tenant a written statement showing the specific reason for withholding of
> the rental deposit or any portion thereof. If the rental deposit or any
> portion of the rental deposit is withheld for the restoration of the
> dwelling unit, the statement shall specify the nature of the damages.

Two triggers start the clock together: the tenancy ending, **and** the
landlord receiving your address. Give the address in writing at move-out, and
date it. That is the act that starts the thirty days running.

Then § 562A.12(4):

> A landlord who fails to provide a written statement within thirty days of
> termination of the tenancy and receipt of the tenant's mailing address or
> delivery instructions shall forfeit all rights to withhold any portion of
> the rental deposit.

Forfeit **all** rights. Not "may be liable", not "shall be reduced". A
landlord who misses the deadline, or who sends something that does not show
the specific reason and, for restoration, specify the nature of the damages,
has lost the argument about whether the money was owed.

One counterpart worth knowing: if you never supply a mailing address within a
year of the tenancy ending, the deposit reverts to the landlord.

## The burden sits on the landlord

Section 562A.12(3)(b):

> 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.

This is the second reason the section matters more than its reputation. In a
dispute about damage, it is not for the tenant to prove the floor was already
marked. It is for the landlord to prove the reason for keeping the money.

And the measure is defined. Section 562A.12(3)(a)(2) permits withholding to
restore the unit "to its condition at the commencement of the tenancy,
**ordinary wear and tear excepted**." In a building where the trim was tired
before you arrived, that exception carries a great deal of weight, and the
single most useful thing any Dubuque tenant can do is photograph every room
on the day of move-in, dated, before a single box is unpacked.

The other two permitted deductions are narrow: unpaid rent or other funds due
under the rental agreement, and the cost of recovering possession from a
tenant who did not act in good faith in refusing to leave.

## Bad faith has a price

Section 562A.12(7):

> The bad-faith retention of a deposit by a landlord, or any portion of the
> rental deposit, in violation of this section shall subject the landlord to
> punitive damages not to exceed twice the monthly rental payment in addition
> to actual damages.

Bad faith is more than being mistaken. It is keeping money the landlord knows,
or ought to know, is not owed. Put the three provisions together (forfeiture
for missing the deadline, the burden of proof on the landlord, and punitive
damages for bad faith), and the section is deliberately structured so that a
landlord who does the paperwork badly ends up worse off than one who returns a
disputed sum and argues about it afterwards.

## And where the deposit was supposed to be sitting

Section 562A.12(2) requires all deposits to be held for the tenant "in a bank
or savings and loan association or credit union which is insured by an agency
of the federal government," and states that they "shall not be commingled
with the personal funds of the landlord." A trust account is permitted,
including a common one, and it may bear interest, with interest earned in the
first five years of a tenancy belonging to the landlord.

Small owners of old buildings do not always know this. It is a better
question at signing than at move-out.

## What the animal changes, and what it does not

Two rules meet at the deposit and they pull in different directions, so it is
worth being exact.

**The ordinary deposit is not increased.** Section 562A.12(1) caps it for
everyone: a landlord "shall not demand or receive as a security deposit an
amount or value in excess of two months' rent." That is a ceiling, not an
entitlement, and it does not rise because an animal lives in the unit.

**The extra, animal-specific charge is what the accommodation adjusts.**
Section 216.8B(6)(b) requires a landlord to make reasonable accommodations in
"the landlord's rules, policies, practices, and services normally required
for pets," and a pet deposit is squarely inside those words.

**And you remain liable for what the animal actually does.** Section
216.8B(8) provides that a tenant with an assistance animal "shall be liable
for any damage done by the tenant's assistance animal or service animal to
the leased premises, the landlord's property, or any other person's
property," along with the remedies available under chapter 562A or 562B.

That is the honest shape of it: no surcharge in advance, full responsibility
afterwards, and the responsibility is still measured against the unit's
condition at the start, wear and tear excepted, with the burden on the
landlord to prove what he is charging for.

## Two different complaints, two different places

These are separate problems and they go to separate doors.

**A refusal of the animal** is a discrimination complaint. The **Dubuque
Human Rights Commission** is at the Ruby Sutton Building, 1157 Central Avenue,
on **(563) 589-4190**; the **Iowa Office of Civil Rights** takes housing
complaints statewide on **515-281-4121**. Section 216.15(13) allows **three
hundred days** from the practice, and § 216.16A(2)(a) allows **two years** for
a housing case in district court.

**A deposit dispute** is landlord-tenant law, not civil rights law. Chapter
562A questions go to the courts, small claims for most amounts, rather than
to a commission.

Where both are tangled together, which is common, **Iowa Legal Aid** at 744
Main Street, Suite 1, on **1-800-532-1275**, is the right first call.

## The document, before any of this arises

An animal only becomes an accommodation once a qualified clinician has said
so. Section 216.8C(1) restricts that to a licensee under one of the six
chapters it names, or to an out-of-state licensee under a similar law in good
standing, and requires eight specific elements on the page: the licence
number among them, which the state's own form leaves no room for.

Ask whoever already treats you first. They hold the history the finding rests
on and they will charge least; against that, appointments take time and few
Iowa clinicians have been asked for a § 216.8C finding before. A community
mental health centre costs less again, but runs an intake shaped around
starting treatment, which is a slower thing than writing a document.

Where neither works, a licensed evaluation is the option shaped around the
deadline: a screening, a clinician holding a qualifying licence, and a
document issued only where the assessment supports it.

Do it at the beginning of the tenancy rather than the end. Deposit arguments
are far easier when the animal was never a pet in the first place.

## What Dubuque landlords can and cannot do

**Cannot:**
- A denial has to rest on one of four grounds in section 216.8B(6)(c): undue financial and administrative hardship, fundamental alteration of the landlord's operations, an animal-specific direct threat or substantial property damage that cannot be reduced or eliminated by a reasonable accommodation, or that the accommodation is not otherwise reasonable.

**Can:**
- Must respond in writing. Section 216.8B(6)(e) requires the landlord to provide a written determination on an assistance animal request, and section 216.8B(2) requires the request to be evaluated and answered within a reasonable amount of time. Silence is not a permitted answer in Iowa.
- May ask for documentation only where the disability or the need is not readily apparent, and then only for the information section 216.8C describes. Section 216.8B(6)(a) forbids requesting information that discloses a diagnosis or the severity of a disability, or any medical records relating to it.
- Must waive the rules normally required for pets. Section 216.8B(6)(b) requires reasonable accommodation in the landlord’s rules, policies, practices and services normally required for pets, which is where pet rent, pet deposits and breed and weight schedules sit.
- Proof of licensing and vaccination may be required for each animal under section 216.8B(6)(d), and a second animal may be documented separately under section 216.8B(5). Damage caused by the animal remains the tenant's liability under section 216.8B(8).

## How to get an ESA letter in Dubuque

1. **Check that you qualify**, Answer a short screening about how your condition affects daily life in Dubuque. No diagnosis paperwork needed up front. (About 5 minutes: free)
2. **Connect with a licensed professional**, You are matched with a provider licensed for Iowa clients who reviews your situation in a telehealth evaluation. (Telehealth evaluation)
3. **Complete your evaluation**, The professional evaluates whether an emotional support animal alleviates symptoms of a condition recognized in the DSM-5. Honest evaluations, not everyone qualifies. (Most of Our Applicants Qualify)
4. **Receive your signed letter**, Your letter arrives on the professional's letterhead with their license number: the documentation Iowa landlords may lawfully request. (Typically within days of approval)
5. **Send it to your landlord**, Submit the letter with a short reasonable-accommodation request. Pet fees, pet deposits, and breed limits no longer apply to your animal in Dubuque. (Protection under FHA + state law)

## Conditions that can qualify for an ESA

No fixed government list exists. A licensed professional evaluates whether an animal alleviates symptoms of a DSM-5-recognized condition, commonly:

- Generalized anxiety disorder
- Major depressive disorder
- Post-traumatic stress disorder (PTSD)
- Panic disorder
- Social anxiety disorder
- Obsessive-compulsive disorder (OCD)
- Bipolar disorder
- Attention-deficit/hyperactivity disorder (ADHD)
- Phobias with housing impact
- Chronic stress affecting daily function

## Housing help in Dubuque

- [Dubuque Human Rights Commission](https://icrc.iowa.gov/locations/dubuque-human-rights-commission) (local commission)
- [Iowa Office of Civil Rights](https://icrc.iowa.gov/file-complaint/housing-complaint-process) (state agency)
- [Iowa's assistance animal form and fact sheet](https://icrc.iowa.gov/resources/assistance-animal-fact-sheet-policy-guidelines-and-request-forms) (state form)
- [Iowa Legal Aid, Dubuque Regional Office](https://iowalegalaid.org/locations/) (legal aid)

## Frequently asked questions

### My Dubuque landlord kept the deposit for animal damage. What are my rights?

Start with the deadline, because it can decide the whole thing. Section 562A.12(3)(a) requires the landlord, within thirty days from the termination of the tenancy and receipt of your mailing address or delivery instructions, either to return the deposit or to "furnish to the tenant a written statement showing the specific reason for withholding of the rental deposit or any portion thereof." Where the withholding is to restore the unit, "the statement shall specify the nature of the damages." Section 562A.12(4) then says a landlord who fails to provide that statement within the thirty days "shall forfeit all rights to withhold any portion of the rental deposit." A vague letter, or a late one, is not a small procedural slip.

### Who has to prove the damage was real?

The landlord, on the balance of probabilities. Section 562A.12(3)(b) provides that "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." That is unusual and it is worth knowing before a conversation, because it changes what silence costs each side. The measure is also defined: § 562A.12(3)(a)(2) permits withholding to restore the unit "to its condition at the commencement of the tenancy, ordinary wear and tear excepted." In an older Dubuque building, ordinary wear and tear is doing a great deal of work, and photographs taken on the day you moved in are the best evidence anybody ever has.

### What if the landlord kept it in bad faith?

Section 562A.12(7) provides that "the bad-faith retention of a deposit by a landlord, or any portion of the rental deposit, in violation of this section shall subject the landlord to punitive damages not to exceed twice the monthly rental payment in addition to actual damages." Bad faith is more than being wrong. It is keeping money the landlord knows or should know is not owed. Combined with the thirty-day forfeiture rule in § 562A.12(4) and the burden of proof in (3)(b), the section is structured so that a landlord who does not do the paperwork properly is worse off than one who returns a disputed sum and argues about it afterwards.

### Can a landlord take a bigger deposit because I have an assistance animal?

No. Two rules meet here. Section 562A.12(1) caps the security deposit for every tenant at "an amount or value in excess of two months' rent". It is a ceiling, not an allowance, and it does not rise because an animal is present. And § 216.8B(6)(b) requires reasonable accommodation in "the landlord's rules, policies, practices, and services normally required for pets," which is where an additional pet deposit sits. So the ordinary deposit applies to you like anyone else, at the same cap, and the extra one attached to the animal is what the accommodation adjusts. What does not change is that you remain liable for damage the animal actually causes, under § 216.8B(8).

### Where is my deposit supposed to be held?

Not in the landlord's own account. Section 562A.12(2) requires all rental deposits to be held for the tenant "in a bank or savings and loan association or credit union which is insured by an agency of the federal government," and provides that they "shall not be commingled with the personal funds of the landlord." They may be held in a trust account, which may be a common trust account and may bear interest, and interest earned during the first five years of a tenancy belongs to the landlord. It is a requirement small landlords in older buildings sometimes have not met, and it is a fair question to ask at signing rather than at the end.

### Where do I take a Dubuque complaint?

For a discrimination complaint about the assistance animal itself, the Dubuque Human Rights Commission at the Ruby Sutton Building, 1157 Central Avenue, on (563) 589-4190, or the Iowa Office of Civil Rights statewide on 515-281-4121, within the three hundred days § 216.15(13) allows. A deposit dispute is a different animal: chapter 562A is landlord-tenant law rather than civil rights law, so it is a matter for the courts, small claims for most sums, rather than for a commission. Iowa Legal Aid's Dubuque Regional Office is at 744 Main Street, Suite 1, with statewide intake on 1-800-532-1275, and is the right first call when both problems are tangled together.

### The building is old and the lease says I pay for any damage. Does that override the statute?

It cannot reduce what § 562A.12 gives you, though it may restate part of it. Section 562A.12(3)(a)(2) already permits a landlord to withhold what is reasonably necessary to restore the unit "to its condition at the commencement of the tenancy, ordinary wear and tear excepted," and § 216.8B(8) already makes you liable for damage the animal does. A lease clause purporting to make you responsible for wear and tear, or to waive the thirty-day written statement, is asking for something the section does not allow. The burden of proving a reason for withholding stays on the landlord under § 562A.12(3)(b) whatever the lease says.

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