Bill Text: IA HF2384 | 2017-2018 | 87th General Assembly | Introduced

Iowa House Bill 2384 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to unenforceable provisions in rental agreements. (Formerly HSB 633.)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2018-03-15 - Referred to Judiciary. H.J. 594. [HF2384 Detail]

Download: Iowa-2017-HF2384-Introduced.html


House File 2384 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 633)

                                      A BILL FOR

  1 An Act relating to unenforceable provisions in rental
  2    agreements.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 6158HV (1) 87
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PAG LIN



  1  1    Section 1.  Section 562A.11, subsection 2, Code 2018, is
  1  2 amended to read as follows:
  1  3    2.  A provision prohibited by subsection 1 included in a
  1  4 rental agreement is unenforceable. If a landlord willfully
  1  5 uses enforces provisions in a rental agreement containing
  1  6 provisions known by the landlord to be prohibited, a tenant may
  1  7 recover actual damages sustained by the tenant and not more
  1  8 than three months' periodic rent and reasonable attorney fees.
  1  9    Sec. 2.  Section 562B.11, subsection 2, Code 2018, is amended
  1 10 to read as follows:
  1 11    2.  A provision prohibited by subsection 1 included in a
  1 12 rental agreement is unenforceable. If a landlord or tenant
  1 13 knowingly uses enforces provisions in a rental agreement
  1 14 containing provisions known to be prohibited by this chapter,
  1 15 the other party may recover actual damages sustained.
  1 16                           EXPLANATION
  1 17 The inclusion of this explanation does not constitute agreement with
  1 18 the explanation's substance by the members of the general assembly.
  1 19    This bill relates to prohibited provisions in rental
  1 20 agreements.
  1 21    Current law provides that a landlord cannot willfully use
  1 22 provisions that the landlord knows are prohibited in a rental
  1 23 agreement for a rental property. Current law also provides
  1 24 that a landlord or a tenant cannot knowingly use provisions
  1 25 that are known to be prohibited in a rental agreement for a
  1 26 space at a mobile or manufactured home park.
  1 27    The bill provides that landlords cannot willfully enforce
  1 28 provisions that the landlord knows are prohibited in a rental
  1 29 agreement for a rental property. The bill also provides that a
  1 30 landlord or a tenant cannot knowingly enforce provisions known
  1 31 to be prohibited in a rental agreement for a space at a mobile
  1 32 or manufactured home park.
       LSB 6158HV (1) 87
       js/jh