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House Amendment 3688

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-3386, to House File 492 as
  1  2 follows:
  1  3    #1.  Page 1, by inserting after line 1 the
  1  4 following:
  1  5    "#   .  Page 1, by inserting after line 8 the
  1  6 following:
  1  7    "Sec.    .  Section 562A.26, Code 1995, is amended
  1  8 to read as follows:
  1  9    562A.26  TENANT'S REMEDIES FOR LANDLORD'S UNLAWFUL
  1 10 OUSTER, EXCLUSION, OR DIMINUTION OF SERVICE.
  1 11    If the landlord unlawfully removes or excludes the
  1 12 tenant from the premises or willfully diminishes
  1 13 services to the tenant by interrupting or causing the
  1 14 interruption of electric, gas, water or other
  1 15 essential service to the tenant, the tenant may
  1 16 recover possession or terminate the rental agreement
  1 17 and, in either case, recover the actual damages
  1 18 sustained by the tenant, but not less than an amount
  1 19 equal to one month's rent, and reasonable attorney's
  1 20 fees.  If the rental agreement is terminated, the
  1 21 landlord shall return all prepaid rent and security.""
  1 22    #2.  Page 1, by inserting after line 2 the
  1 23 following:
  1 24    "#   .  Page 2, line 22, by inserting after the
  1 25 word "quit." the following:  "The seventy-two hour
  1 26 notice shall provide the tenant with notice, by
  1 27 including a copy of subsection 3 with the notice, that
  1 28 the tenant may cure the clear and present danger."
  1 29    #   .  Page 3, by striking lines 20 through 25 and
  1 30 inserting the following:  "property and the property
  1 31 remains unclaimed fourteen days after the landlord has
  1 32 attempted to contact the owner of the property one
  1 33 time by ordinary mail at the tenant's last known
  1 34 address, the landlord may dispose of the property in
  1 35 accordance with the terms of the rental agreement.  If
  1 36 the rental agreement does not provide for the
  1 37 disposition of abandoned property, the property shall
  1 38 be sold at sheriff's sale with the proceeds to go to
  1 39 the county general fund unless the proceeds are
  1 40 claimed by the tenant within ninety days of the
  1 41 sheriff's sale."
  1 42    #   .  Page 3, by inserting before line 26 the
  1 43 following:
  1 44    "Sec.    .  Section 562B.10, subsection 4, Code
  1 45 1995, is amended to read as follows:
  1 46    4.  Rental agreements shall be for a term of one
  1 47 year unless otherwise specified in the rental
  1 48 agreement.  Rental agreements shall be canceled by at
  1 49 least sixty days' written notice given by either
  1 50 party.  A landlord shall cancel a rental agreement
  2  1 only for good cause and shall not cancel a rental
  2  2 agreement solely for the purpose of making the
  2  3 tenant's mobile home space available for another
  2  4 mobile home."
  2  5    #   .  Page 4, line 4, by inserting after the word
  2  6 "quit." the following:  "The three-day notice shall
  2  7 provide the tenant with notice, by including a copy of
  2  8 subsection 3 with the notice, that the tenant may cure
  2  9 the clear and present danger.""
  2 10    #3.  Page 1, by inserting after line 14 the
  2 11 following:
  2 12    "#   .  Page 5, by striking lines 16 through 25.
  2 13    #   .  Title page, line 1, by inserting after the
  2 14 word "noncompliance" the following:  ", and tenant
  2 15 remedies for landlord noncompliance,"." 
  2 16 
  2 17 
  2 18                              
  2 19 KREIMAN of Davis
  2 20 HF 492.202 76
  2 21 mk/jj
     

Text: H03687                            Text: H03689
Text: H03600 - H03699                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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