Senate File 2150 - Introduced SENATE FILE 2150 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3030) 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 TLSB 5314SV (1) 86 jh/sc

S.F. 2150 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 set forth in section 5 648.1 , subsections 1, 2, 3 , and 5 , and 7 . When commenced 6 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: 34 648.22 Judgment —— execution —— costs. 35 -1- LSB 5314SV (1) 86 jh/sc 1/ 3

S.F. 2150 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 34 bill provides that for forcible entry and detainer actions 35 -2- LSB 5314SV (1) 86 jh/sc 2/ 3

S.F. 2150 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 -3- LSB 5314SV (1) 86 jh/sc 3/ 3