Bill Text: IA SSB3142 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to unenforceable provisions in rental agreements.

Spectrum: Committee Bill

Status: (N/A - Dead) 2018-02-08 - Subcommittee recommends amendment and passage. [SSB3142 Detail]

Download: Iowa-2017-SSB3142-Introduced.html

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Senate Study Bill 3142 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON ZAUN)
A BILL FOR
An Act relating to unenforceable provisions in rental
agreements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 6158XC (1) 87
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S.F. _____
Section 1. Section 562A.11, subsection 2, Code 2018, is
amended to read as follows:
2. A provision prohibited by subsection 1 included in a
rental agreement is unenforceable. If a landlord willfully
uses enforces provisions in a rental agreement containing
provisions known by the landlord to be prohibited, a tenant may
recover actual damages sustained by the tenant and not more
than three months’ periodic rent and reasonable attorney fees.
Sec. 2. Section 562B.11, subsection 2, Code 2018, is amended
to read as follows:
2. A provision prohibited by subsection 1 included in a
rental agreement is unenforceable. If a landlord or tenant
knowingly uses enforces provisions in a rental agreement
containing provisions known to be prohibited by this chapter ,
the other party may recover actual damages sustained.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to prohibited provisions in rental
agreements.
Current law provides that a landlord cannot willfully use
provisions that the landlord knows are prohibited in a rental
agreement for a rental property. Current law also provides
that a landlord or a tenant cannot knowingly use provisions
that are known to be prohibited in a rental agreement for a
space at a mobile or manufactured home park.
The bill provides that landlords cannot willfully enforce
provisions that the landlord knows are prohibited in a rental
agreement for a rental property. The bill also provides that a
landlord or a tenant cannot knowingly enforce provisions known
to be prohibited in a rental agreement for a space at a mobile
or manufactured home park.
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