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House Study Bill 2 - IntroducedA Bill ForAn Act 1relating to rental agreements and early termination
2rights of tenants who are victims of certain crimes.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 562A.9A Early rental agreement
2termination by victim.
31. A tenant may terminate a rental agreement without penalty
4or liability if the tenant provides written notification
5to the landlord that the tenant or another resident of the
6dwelling unit is a victim of an act that constitutes any of the
7following:
8a. Domestic abuse as defined in section 236.2.
9b. Sexual abuse as defined in section 236A.2.
10c. Stalking under section 708.11.
11d. Elder abuse as defined in section 235F.1.
12e. Crime as defined in section 915.80.
132. A written notice to terminate a rental agreement must
14have one of the following documents attached:
15a. A protective order issued by court order or
16court-approved consent agreement entered pursuant to chapter
17232, 235F, or 664A.
18b. A court order or court-approved consent agreement entered
19pursuant to chapter 236 or 236A, including a valid foreign
20protective order under section 236.19, subsection 3, or section
21236A.19, subsection 3.
22c. A temporary or permanent protective order or order to
23vacate the homestead under chapter 598.
24d. An order that establishes conditions of release or is a
25protective order or sentencing order in a criminal prosecution
26arising from a domestic abuse assault under section 708.2A.
27e. A civil injunction issued pursuant to section 915.22.
28f. A copy of a written report by a peace officer employed by
29a federal, state, or local law enforcement agency stating that
30the tenant or resident of the dwelling unit is a victim of an
31act or crime listed in subsection 1.
32g. Documentation from a licensed health care services
33provider, licensed mental health care provider, or a victim
34counselor as defined in section 915.20A, subsection 1, based
35on information that such person received while working in the
-1-1person’s professional capacity, to indicate that a tenant or
2resident of the dwelling unit is seeking assistance for abuse
3or physical or mental injuries resulting from an act or crime
4listed in subsection 1. The documentation must be signed,
5dated, and attested to by the tenant and the licensed health
6care services provider, licensed mental health care provider,
7or victim counselor, and must contain, in substantially the
8same form, all of the following:
9(1) Name of any tenant and residents of the dwelling unit
10whose tenancy shall terminate.
11(2) Name of the victim of the act or crime listed in
12subsection 1.
13(3) Address of the dwelling unit.
14(4) Name of accused perpetrator, if known and if such name
15may be safely disclosed.
16(5) Date and time of incident, if known.
17(6) Brief description of the incident or a statement as to
18why the tenant requests early rental agreement termination to
19support health and safety.
20h. Any other form of documentation that reasonably certifies
21that the act or crime listed in subsection 1 occurred.
223. Written notice to terminate a rental agreement provided
23to the landlord must include all of the following:
24a. The date the rental agreement will terminate. Such
25date shall be at least fourteen days after the date the tenant
26provides the notification with confirmation document and no
27more than thirty days after such date.
28b. The names of the residents of the dwelling unit in
29addition to the tenant.
304. A tenant who terminates a rental agreement pursuant
31to this section shall remain liable for rent for the month
32in which the tenant terminated the rental agreement and any
33prorated days of rent through the date of termination stated
34in the notice. A tenant may notify the landlord of plans
35to vacate the dwelling unit prior to the rental agreement
-2-1termination date. If the dwelling unit is rented to another
2party prior to the end of the obligation to pay rent, the rent
3owed under this section shall be prorated.
45. The tenant and any resident of the dwelling unit who
5terminates a rental agreement pursuant to this section is all
6of the following:
7a. Not liable for rent or damages to the premises incurred
8after the lease termination date.
9b. Not subject to a negative credit reference, a negative
10character reference, or any fee or penalty solely because of
11termination of the rental agreement.
12c. Not required to forfeit any rental deposit or advance
13rent paid due to the termination. A tenant who terminates
14a rental agreement pursuant to this section shall not be
15considered for any purpose, by reason of the termination, to
16have breached the rental agreement. Any retention of the
17rental deposit or portion thereof shall only be pursuant to
18section 562A.12.
196. a. A landlord shall not disclose to a third party
20or enter into a shared database any information provided to
21the landlord by a tenant under this section, the address or
22location to which the tenant has relocated, or the status
23of the tenant as a victim of violence unless the disclosure
24satisfies any of the following:
25(1) The tenant consents in writing.
26(2) The disclosure is required by law or order of the court.
27b. A landlord’s communication to a licensed health care
28services provider, licensed mental health care provider, or
29victim counselor who provides documentation to verify the
30contents of that documentation is not disclosure for purposes
31of this subsection.
327. A landlord, owner, or owner’s agent shall not refuse
33to rent a dwelling unit to an otherwise qualified prospective
34tenant or refuse to continue to rent to an existing tenant
35solely on the basis that the tenant has previously exercised
-3-1the tenant’s rights under this section or has previously
2terminated a tenancy because of the circumstances described in
3this section.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill allows a victim of certain crimes to terminate a
8rental agreement early. The bill allows a tenant to terminate
9a rental agreement without penalty or liability if the tenant
10provides written notification to the landlord that a tenant
11or household member is a victim of an act of domestic abuse,
12sexual abuse, stalking, elder abuse, or other crime that
13poses a substantial threat of personal injury or death and is
14punishable as a felony or misdemeanor.
15The bill provides that the written notice provided to the
16landlord shall contain one of the following documents: a
17copy of a protective order, a copy of a written report by a
18peace officer stating that a tenant or household member is a
19victim of an act or crime, documentation from a qualified third
20party based on information received by a licensed health care
21services provider, licensed mental health care provider, or a
22victim counselor that a tenant or household member is seeking
23assistance for abuse or physical or mental injuries resulting
24from an act or crime, or any other form of documentation that
25reasonably certifies that the act or crime occurred. Written
26notice provided to a landlord to terminate a lease agreement
27must contain the date the lease will terminate and the names of
28household members to be released in addition to the tenant.
29The bill provides that a tenant who terminates a rental
30agreement pursuant to the bill shall remain liable for rent for
31the month in which the tenant terminated the rental agreement
32and any prorated days of rent through the date of termination
33stated in the notice. If the premises are rented to another
34party prior to the end of the obligation to pay rent, the rent
35shall be prorated.
-4- 1The bill provides protections for a tenant who terminates
2a rental agreement under the bill. A tenant is not liable
3for rent or damages to premises incurred after the lease
4termination date, and is not subject to a negative credit
5reference, a negative character reference, or any fee or
6penalty solely because of termination of the rental agreement.
7A tenant shall not be required to forfeit any security
8deposit money or advance rent paid due to that termination.
9A tenant who terminates a rental agreement pursuant to the
10bill shall not be considered for any purpose, by reason of the
11termination, to have breached the lease or rental agreement.
12The bill provides for victim confidentiality by the
13landlord. A landlord shall not disclose to a third party any
14information provided to the landlord by a tenant, unless the
15tenant consents in writing or the disclosure is required by
16law or order of the court. A landlord’s communication to a
17qualified third party who provides documentation to verify the
18contents of that documentation is not considered disclosure.
19The bill provides that a landlord is not allowed to
20discriminate against a prospective tenant based solely upon
21the prospective tenant having previously terminated a tenancy
22because of circumstance provided in the bill.
-5-cm/ns
2rights of tenants who are victims of certain crimes.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 562A.9A Early rental agreement
2termination by victim.
31. A tenant may terminate a rental agreement without penalty
4or liability if the tenant provides written notification
5to the landlord that the tenant or another resident of the
6dwelling unit is a victim of an act that constitutes any of the
7following:
8a. Domestic abuse as defined in section 236.2.
9b. Sexual abuse as defined in section 236A.2.
10c. Stalking under section 708.11.
11d. Elder abuse as defined in section 235F.1.
12e. Crime as defined in section 915.80.
132. A written notice to terminate a rental agreement must
14have one of the following documents attached:
15a. A protective order issued by court order or
16court-approved consent agreement entered pursuant to chapter
17232, 235F, or 664A.
18b. A court order or court-approved consent agreement entered
19pursuant to chapter 236 or 236A, including a valid foreign
20protective order under section 236.19, subsection 3, or section
21236A.19, subsection 3.
22c. A temporary or permanent protective order or order to
23vacate the homestead under chapter 598.
24d. An order that establishes conditions of release or is a
25protective order or sentencing order in a criminal prosecution
26arising from a domestic abuse assault under section 708.2A.
27e. A civil injunction issued pursuant to section 915.22.
28f. A copy of a written report by a peace officer employed by
29a federal, state, or local law enforcement agency stating that
30the tenant or resident of the dwelling unit is a victim of an
31act or crime listed in subsection 1.
32g. Documentation from a licensed health care services
33provider, licensed mental health care provider, or a victim
34counselor as defined in section 915.20A, subsection 1, based
35on information that such person received while working in the
-1-1person’s professional capacity, to indicate that a tenant or
2resident of the dwelling unit is seeking assistance for abuse
3or physical or mental injuries resulting from an act or crime
4listed in subsection 1. The documentation must be signed,
5dated, and attested to by the tenant and the licensed health
6care services provider, licensed mental health care provider,
7or victim counselor, and must contain, in substantially the
8same form, all of the following:
9(1) Name of any tenant and residents of the dwelling unit
10whose tenancy shall terminate.
11(2) Name of the victim of the act or crime listed in
12subsection 1.
13(3) Address of the dwelling unit.
14(4) Name of accused perpetrator, if known and if such name
15may be safely disclosed.
16(5) Date and time of incident, if known.
17(6) Brief description of the incident or a statement as to
18why the tenant requests early rental agreement termination to
19support health and safety.
20h. Any other form of documentation that reasonably certifies
21that the act or crime listed in subsection 1 occurred.
223. Written notice to terminate a rental agreement provided
23to the landlord must include all of the following:
24a. The date the rental agreement will terminate. Such
25date shall be at least fourteen days after the date the tenant
26provides the notification with confirmation document and no
27more than thirty days after such date.
28b. The names of the residents of the dwelling unit in
29addition to the tenant.
304. A tenant who terminates a rental agreement pursuant
31to this section shall remain liable for rent for the month
32in which the tenant terminated the rental agreement and any
33prorated days of rent through the date of termination stated
34in the notice. A tenant may notify the landlord of plans
35to vacate the dwelling unit prior to the rental agreement
-2-1termination date. If the dwelling unit is rented to another
2party prior to the end of the obligation to pay rent, the rent
3owed under this section shall be prorated.
45. The tenant and any resident of the dwelling unit who
5terminates a rental agreement pursuant to this section is all
6of the following:
7a. Not liable for rent or damages to the premises incurred
8after the lease termination date.
9b. Not subject to a negative credit reference, a negative
10character reference, or any fee or penalty solely because of
11termination of the rental agreement.
12c. Not required to forfeit any rental deposit or advance
13rent paid due to the termination. A tenant who terminates
14a rental agreement pursuant to this section shall not be
15considered for any purpose, by reason of the termination, to
16have breached the rental agreement. Any retention of the
17rental deposit or portion thereof shall only be pursuant to
18section 562A.12.
196. a. A landlord shall not disclose to a third party
20or enter into a shared database any information provided to
21the landlord by a tenant under this section, the address or
22location to which the tenant has relocated, or the status
23of the tenant as a victim of violence unless the disclosure
24satisfies any of the following:
25(1) The tenant consents in writing.
26(2) The disclosure is required by law or order of the court.
27b. A landlord’s communication to a licensed health care
28services provider, licensed mental health care provider, or
29victim counselor who provides documentation to verify the
30contents of that documentation is not disclosure for purposes
31of this subsection.
327. A landlord, owner, or owner’s agent shall not refuse
33to rent a dwelling unit to an otherwise qualified prospective
34tenant or refuse to continue to rent to an existing tenant
35solely on the basis that the tenant has previously exercised
-3-1the tenant’s rights under this section or has previously
2terminated a tenancy because of the circumstances described in
3this section.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill allows a victim of certain crimes to terminate a
8rental agreement early. The bill allows a tenant to terminate
9a rental agreement without penalty or liability if the tenant
10provides written notification to the landlord that a tenant
11or household member is a victim of an act of domestic abuse,
12sexual abuse, stalking, elder abuse, or other crime that
13poses a substantial threat of personal injury or death and is
14punishable as a felony or misdemeanor.
15The bill provides that the written notice provided to the
16landlord shall contain one of the following documents: a
17copy of a protective order, a copy of a written report by a
18peace officer stating that a tenant or household member is a
19victim of an act or crime, documentation from a qualified third
20party based on information received by a licensed health care
21services provider, licensed mental health care provider, or a
22victim counselor that a tenant or household member is seeking
23assistance for abuse or physical or mental injuries resulting
24from an act or crime, or any other form of documentation that
25reasonably certifies that the act or crime occurred. Written
26notice provided to a landlord to terminate a lease agreement
27must contain the date the lease will terminate and the names of
28household members to be released in addition to the tenant.
29The bill provides that a tenant who terminates a rental
30agreement pursuant to the bill shall remain liable for rent for
31the month in which the tenant terminated the rental agreement
32and any prorated days of rent through the date of termination
33stated in the notice. If the premises are rented to another
34party prior to the end of the obligation to pay rent, the rent
35shall be prorated.
-4- 1The bill provides protections for a tenant who terminates
2a rental agreement under the bill. A tenant is not liable
3for rent or damages to premises incurred after the lease
4termination date, and is not subject to a negative credit
5reference, a negative character reference, or any fee or
6penalty solely because of termination of the rental agreement.
7A tenant shall not be required to forfeit any security
8deposit money or advance rent paid due to that termination.
9A tenant who terminates a rental agreement pursuant to the
10bill shall not be considered for any purpose, by reason of the
11termination, to have breached the lease or rental agreement.
12The bill provides for victim confidentiality by the
13landlord. A landlord shall not disclose to a third party any
14information provided to the landlord by a tenant, unless the
15tenant consents in writing or the disclosure is required by
16law or order of the court. A landlord’s communication to a
17qualified third party who provides documentation to verify the
18contents of that documentation is not considered disclosure.
19The bill provides that a landlord is not allowed to
20discriminate against a prospective tenant based solely upon
21the prospective tenant having previously terminated a tenancy
22because of circumstance provided in the bill.
-5-cm/ns