Cheryl Albaugh v. The Reserve

APPEL, Justice (dissenting).

I. Introduction.

I respectfully dissent. In my view, the majority errs in its resolution of Cheryl Albaugh's claim under the Iowa Uniform Residential Landlord and Tenant Act, Iowa Code chapter 562A (IURLTA).

Iowa Code chapter 523D (retirement facilities statute) and the IURLTA address, at least in part, the same subject matter. This is a common occurrence in Iowa law. The legislature, as well as our own caselaw, direct that when statutes govern the same subject matter, we should strive to reconcile potential conflicts through harmonizing the statutes. Iowa Code § 4.7…