Bill Text: IA HF669 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to property law, including manufactured or mobile home retailer licenses, rent, rental agreements, notice requirements, and possession of property.(Formerly HSB 125.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-04-18 - Amendment H-8343 filed. H.J. 874. [HF669 Detail]

Download: Iowa-2023-HF669-Introduced.html
House File 669 - Introduced HOUSE FILE 669 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 125) A BILL FOR An Act relating to property law, including manufactured or 1 mobile home retailer licenses, rent, rental agreements, 2 notice requirements, and possession of property. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1520HV (1) 90 cm/ns
H.F. 669 Section 1. Section 103A.52, subsection 2, Code 2023, is 1 amended to read as follows: 2 2. License fee. The license fee for a manufactured or 3 mobile home retailer is an annual fee of one hundred twenty 4 dollars. If the application is denied, the commissioner shall 5 refund the fee. 6 Sec. 2. Section 562A.6, subsection 10, Code 2023, is amended 7 to read as follows: 8 10. “Rent” means a payment to be made to the landlord under 9 the rental agreement , including base rent, utilities, late 10 fees, and other payments made by the tenant to the landlord 11 under the rental agreement . 12 Sec. 3. Section 562A.8, subsection 2, Code 2023, is amended 13 to read as follows: 14 2. Notice served by mail under this section is deemed 15 completed four days after the notice is deposited in the mail 16 and postmarked for delivery, whether or not the recipient signs 17 a receipt for the notice. In computing the time for completion 18 of service, the first day shall be excluded and the final day 19 shall be included regardless of whether the fourth day is a 20 Saturday, Sunday, or federal holiday. 21 Sec. 4. Section 562A.11, subsection 3, Code 2023, is amended 22 to read as follows: 23 3. A provision prohibited by this section included in a 24 rental agreement is unenforceable. If a landlord willfully 25 uses enforces a provision in a rental agreement containing 26 provisions known by the landlord to be prohibited, a tenant may 27 recover actual damages sustained by the tenant and not more 28 than three months’ periodic rent and reasonable attorney fees. 29 Sec. 5. Section 562A.29A, subsection 1, paragraph c, Code 30 2023, is amended to read as follows: 31 c. Posting on the primary entrance door of the dwelling 32 unit and mailing by both regular mail and certified mail, as 33 defined in section 618.15 , to the address of the dwelling 34 unit or to the tenant’s last known address, if different from 35 -1- LSB 1520HV (1) 90 cm/ns 1/ 5
H.F. 669 the address of the dwelling unit. A notice posted according 1 to this paragraph shall be posted within the applicable time 2 period for serving notice and shall include the date the notice 3 was posted. A notice delivered under this paragraph that is 4 addressed to all tenants and unknown parties in possession 5 shall be deemed to provide notice to all tenants, occupants, 6 and parties in possession of the premises. 7 Sec. 6. Section 562B.9, subsection 2, Code 2023, is amended 8 to read as follows: 9 2. Notice served by mail under this section is deemed 10 completed four days after the notice is deposited in the mail 11 and postmarked for delivery, whether or not the recipient signs 12 a receipt for the notice. In computing the time for completion 13 of service, the first day shall be excluded and the final day 14 shall be included regardless of whether the fourth day is a 15 Saturday, Sunday, or federal holiday. 16 Sec. 7. Section 562B.11, subsection 3, Code 2023, is amended 17 to read as follows: 18 3. A provision prohibited by this section included in a 19 rental agreement is unenforceable. If a landlord or tenant 20 knowingly uses enforces a provision in a rental agreement 21 containing provisions known to be prohibited by this chapter , 22 the other party may recover actual damages sustained. 23 Sec. 8. Section 562B.27A, subsection 1, paragraph c, Code 24 2023, is amended to read as follows: 25 c. Posting on the primary entrance door of the dwelling 26 unit and mailing by both regular mail and certified mail, as 27 defined in section 618.15 , to the address of the dwelling 28 unit or to the tenant’s last known address, if different from 29 the address of the dwelling unit. A notice posted according 30 to this paragraph shall be posted within the applicable time 31 period for serving notice and shall include the date the notice 32 was posted. A notice delivered under this paragraph that is 33 addressed to all tenants and unknown parties in possession 34 shall be deemed to provide notice to all tenants, occupants, 35 -2- LSB 1520HV (1) 90 cm/ns 2/ 5
H.F. 669 and parties in possession of the premises. 1 Sec. 9. Section 648.3, subsection 2, paragraphs a and c, 2 Code 2023, are amended to read as follows: 3 a. Delivery evidenced by an acknowledgment of delivery that 4 is signed and dated by a resident of the premises who is at 5 least eighteen years of age. Delivery A notice delivered under 6 this paragraph that is addressed to all tenants and unknown 7 parties in possession shall be deemed to provide notice to the 8 defendant all tenants, occupants, and parties in possession of 9 the premises . 10 c. Posting on the primary entrance door of the premises and 11 mailing by both regular mail and certified mail, as defined 12 in section 618.15 , to the address of the premises or to the 13 defendant’s last known address, if different from the address 14 of the premises. A notice posted according to this paragraph 15 shall be posted within the applicable time period for serving 16 notice and shall include the date the notice was posted. A 17 notice delivered under this paragraph that is addressed to 18 all tenants and unknown parties in possession shall be deemed 19 to provide notice to all tenants, occupants, and parties in 20 possession of the premises. 21 Sec. 10. Section 648.5, subsection 2, paragraph c, Code 22 2023, is amended to read as follows: 23 c. If service cannot be made following two attempts using 24 a method specified under paragraph “a” or “b” , by posting on 25 the primary entrance door of the premises and mailing by both 26 regular mail and certified mail, as defined in section 618.15 , 27 to the address of the premises or to the defendant’s last known 28 address, if different from the address of the premises. An 29 original notice posted according to this paragraph shall be 30 posted not less than three days prior to the hearing and shall 31 include the date the original notice was posted. Service of 32 original notice by mailing shall occur not less than three days 33 prior to the hearing , but may otherwise occur prior to the two 34 attempts using a method specified under paragraph “a” or “b” . 35 -3- LSB 1520HV (1) 90 cm/ns 3/ 5
H.F. 669 Sec. 11. Section 648.18, Code 2023, is amended to read as 1 follows: 2 648.18 Possession —— bar. 3 Thirty Ninety days’ peaceable possession with the knowledge 4 of the plaintiff after the cause of action accrues is a bar to 5 this proceeding. 6 Sec. 12. Section 648.22, Code 2023, is amended to read as 7 follows: 8 648.22 Judgment —— execution —— costs. 9 1. If the defendant is found guilty, judgment shall be 10 entered that the defendant be removed from the premises, and 11 that the plaintiff be put in possession of the premises, and 12 an execution for the defendant’s removal within three days 13 from the judgment shall issue accordingly, to which shall be 14 added a clause commanding the officer to collect the costs as 15 in ordinary cases. 16 2. Any personal property of the defendant remaining on the 17 premises after the defendant’s removal under this section may 18 be immediately disposed of by the plaintiff. Personal property 19 under this subsection does not include a mobile home as defined 20 in section 562B.7, or the contents therein, unless the mobile 21 home is the premises. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to property law. 26 The bill increases the annual fee for a manufactured or 27 mobile home retailer license from $100 to $120. 28 The bill defines the term “rent” for purposes of Code chapter 29 562A (uniform residential landlord and tenant law) to include 30 base rent, utilities, late fees, and other payments made by 31 the tenant to the landlord under the rental agreement. The 32 general assembly made an identical change to the term “rent” in 33 Code chapter 562B (manufactured home communities or mobile home 34 parks residential landlord and tenant law) in 2022. 35 -4- LSB 1520HV (1) 90 cm/ns 4/ 5
H.F. 669 The bill provides that in computing time for completion of 1 service under Code chapters 562A and 562B, the first day shall 2 be excluded and the final day shall be included regardless of 3 whether it is a weekend or federal holiday. 4 Under current law, a landlord (Code chapter 562A) or a 5 landlord or tenant (Code chapter 562B) is prohibited from 6 willfully (Code chapter 562A) or knowingly (Code chapter 7 562B) using a rental agreement containing provisions that are 8 prohibited by current law. The bill alters these provisions to 9 instead prohibit enforcing a provision of a rental agreement 10 that is prohibited by current law. 11 The bill provides that for Code chapters 562A, 562B, and 648 12 (forcible entry and detainer), notices delivered by posting on 13 the primary entrance door and mailing to the premises that are 14 addressed to all tenants and unknown parties in possession are 15 deemed to have provided notice to all tenants, occupants, and 16 parties in possession of the premises. For Code chapter 648, 17 this also applies to delivery to a resident of the premises 18 that is at least 18 years old. 19 The bill allows service of notice by mail in a forcible 20 entry and detainer case to occur prior to the two attempts of 21 personal service and delivery evidenced by an acknowledgment 22 of service. 23 The bill provides that 90 days’ peaceable possession with 24 the knowledge of the plaintiff after the cause of action 25 accrues is a bar to a forcible entry and detainer proceeding. 26 The bill provides that in a forcible entry and detainer 27 action, any personal property of the defendant remaining after 28 removal from the premises may be disposed of by the plaintiff. 29 This does not include a mobile home or its contents unless the 30 mobile home is the premises. 31 -5- LSB 1520HV (1) 90 cm/ns 5/ 5
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