Bill Text: IA SSB1220 | 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.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-04-20 - Introduced, referred to Ways and Means. [SSB1220 Detail]
Download: Iowa-2023-SSB1220-Introduced.html
Senate
Study
Bill
1220
-
Introduced
SENATE
FILE
_____
BY
COMMITTEE
ON
WAYS
AND
MEANS
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
1520XC
(1)
90
cm/ns
S.F.
_____
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
1520XC
(1)
90
cm/ns
1/
5
S.F.
_____
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
1520XC
(1)
90
cm/ns
2/
5
S.F.
_____
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
1520XC
(1)
90
cm/ns
3/
5
S.F.
_____
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
1520XC
(1)
90
cm/ns
4/
5
S.F.
_____
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
1520XC
(1)
90
cm/ns
5/
5
