Bill Text: IA SSB3030 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to forcible entry and detainer actions, including granting concurrent jurisdiction to small claims courts over preliminary hearings for certain forcible entry and detainer actions.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-09 - Voted - Judiciary. [SSB3030 Detail]
Download: Iowa-2015-SSB3030-Introduced.html
Senate
Study
Bill
3030
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SODDERS)
A
BILL
FOR
An
Act
relating
to
forcible
entry
and
detainer
actions,
1
including
granting
concurrent
jurisdiction
to
small
claims
2
courts
over
preliminary
hearings
for
certain
forcible
entry
3
and
detainer
actions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
631.1,
subsection
2,
Code
2016,
is
1
amended
to
read
as
follows:
2
2.
The
district
court
sitting
in
small
claims
shall
have
3
concurrent
jurisdiction
of
an
action
for
forcible
entry
and
4
detainer
which
is
based
on
those
grounds
5
set
forth
in
section648.1
,
subsections
1,
2,
3
,
and
5
,
and
7
.
When
commenced
under
this
chapter
,
the
action
shall
be
a
small
claim
for
the
7
purposes
of
this
chapter
.
8
Sec.
2.
Section
631.1,
Code
2016,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
10.
The
district
court
sitting
in
small
11
claims
has
concurrent
jurisdiction
of
preliminary
hearings
12
under
section
648.5,
subsection
6,
for
claims
brought
in
small
13
claims
court
under
subsection
2,
and
shall
enter
a
judgment
of
14
removal
if
the
defendant
fails
to
appear
or
otherwise
defaults,
15
or
if
the
defendant
fails
to
raise
a
material
issue
of
fact
as
16
provided
in
section
648.5,
subsection
6.
At
such
preliminary
17
hearing,
the
district
court
sitting
in
small
claims
shall
18
examine
all
occupants
of
the
property
present
at
the
hearing
19
to
determine
whether
there
are
any
genuine
issues
of
material
20
fact
which
constitute
a
prima
facie
defense
to
eviction,
on
the
21
basis
of
title
or
otherwise,
and
shall
file
a
written
record
of
22
the
examination
and
the
courts’s
findings.
In
accordance
with
23
section
648.15,
if
the
defendant
resists
the
plaintiff’s
action
24
by
putting
title
in
issue,
the
court
shall
transfer
the
case
25
from
the
small
claims
docket
to
be
tried
by
regular
equitable
26
proceedings.
27
Sec.
3.
Section
648.1,
Code
2016,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
7.
Where
the
vendee
has
failed
to
vacate
30
after
the
forfeiture
of
a
real
estate
contract
under
chapter
31
656.
32
Sec.
4.
Section
648.22,
Code
2016,
is
amended
to
read
as
33
follows:
34
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648.22
Judgment
——
execution
——
costs.
35
If
the
defendant
is
found
guilty
plaintiff
establishes
the
1
plaintiff’s
claim
to
possession
by
a
preponderance
of
the
2
evidence
,
judgment
shall
be
entered
that
the
defendant
and
all
3
persons
holding
possession
under
the
defendant
be
removed
from
4
the
premises,
and
that
the
plaintiff
be
put
in
possession
of
5
the
premises
,
and
an
.
An
execution
for
the
defendant’s
removal
6
within
three
days
from
the
judgment
shall
issue
accordingly,
to
7
which
shall
be
added
a
clause
commanding
the
officer
to
collect
8
the
costs
as
in
ordinary
cases.
9
Sec.
5.
NEW
SECTION
.
656.10
Remedy
if
vendee
fails
to
10
vacate.
11
If,
following
forfeiture
of
a
real
estate
contract
under
12
this
chapter,
the
vendee
fails
to
vacate
the
real
estate
13
covered
by
the
contract,
the
vendor
may
bring
an
action
for
14
forcible
entry
and
detainer
under
chapter
648.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
creates
an
action
for
forcible
entry
and
detainer
19
following
the
forfeiture
of
a
real
estate
contract
and
grants
20
concurrent
jurisdiction
to
the
district
court
sitting
in
small
21
claim
over
preliminary
hearings
for
certain
forcible
entry
and
22
detainer
actions.
23
The
bill
provides
that
an
action
for
forcible
entry
and
24
detainer
is
allowed
where
the
vendee
of
a
real
estate
contract
25
fails
to
vacate
after
a
valid
forfeiture
of
the
contract
under
26
Code
chapter
656.
27
The
bill
further
provides
that
the
district
court
sitting
28
in
small
claims
has
concurrent
jurisdiction
of
an
action
for
29
forcible
entry
and
detainer
that
is
based
on
a
vendee
failing
30
to
vacate
after
forfeiture
of
a
real
estate
contract.
31
Under
current
law,
a
preliminary
hearing
is
held
by
the
32
district
court
for
forcible
entry
and
detainer
actions
to
33
determine
if
a
genuine
issue
of
material
fact
exists.
The
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bill
provides
that
for
forcible
entry
and
detainer
actions
35
where
the
plaintiff
alleges
either
that
the
defendant
has
by
1
force,
intimidation,
fraud,
or
stealth
entered
upon
the
prior
2
actual
possession
of
another
in
real
property
and
detained
the
3
property,
that
a
lessee
has
held
over
after
the
termination
4
of
the
lease,
holds
contrary
to
the
terms
of
a
lease,
or
has
5
not
paid
rent
that
is
due,
or
that
a
vendee
has
failed
to
6
vacate
after
a
valid
forfeiture
of
a
real
estate
contract,
7
the
district
court
sitting
in
small
claims
has
concurrent
8
jurisdiction
over
such
preliminary
hearings.
If
the
defendant
9
fails
to
appear,
otherwise
defaults,
or
fails
to
raise
a
10
material
issue
of
fact,
the
court
is
required
to
enter
a
11
judgment
of
removal.
If
the
defendant
resists
the
plaintiff’s
12
action
by
putting
title
in
issue,
the
court
is
required
to
13
transfer
the
case
from
the
small
claims
docket
to
be
tried
by
14
regular
equitable
proceedings.
15
The
bill
provides
that
if
the
plaintiff
in
an
action
for
16
forcible
entry
and
detainer
establishes
the
plaintiff’s
claim
17
to
possession
by
a
preponderance
of
the
evidence,
the
court
18
shall
enter
judgment
that
removes
not
only
the
defendant
but
19
all
persons
holding
possession
under
the
defendant
from
the
20
premises
and
puts
the
plaintiff
in
possession
of
the
premises.
21
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