Text: HF00491 Text: HF00493 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 535.2, subsection 7, Code 1995, is 1 2 amended to read as follows: 1 3 7. This section does not apply to a charge imposed for 1 4 late payment of rent. However, in the case of a residential 1 5 lease, a late payment fee shall not exceedthree dollars a day1 6for the first five days the rent is late and one dollar a day1 7for the next twenty-five daysten dollars a day or forty 1 8 dollars per month. 1 9 Sec. 2. Section 562A.5, Code 1995, is amended by adding 1 10 the following new subsection: 1 11 NEW SUBSECTION. 8. Occupancy in housing owned by a 1 12 nonprofit organization whose purpose is to provide 1 13 transitional housing for persons released from drug or alcohol 1 14 treatment facilities and in housing for homeless persons. 1 15 Sec. 3. Section 562A.6, Code 1995, is amended by adding 1 16 the following new subsection: 1 17 NEW SUBSECTION. 15. "Transitional housing" means 1 18 temporary or nonpermanent housing. 1 19 Sec. 4. Section 562A.21, subsection 1, unnumbered 1 20 paragraph 1, Code 1995, is amended to read as follows: 1 21 Except as provided in this chapter, if there is a material 1 22 noncompliance by the landlord with the rental agreement or a 1 23 noncompliance with section 562A.15 materially affecting health 1 24 and safety, the tenant may elect to commence an action under 1 25 this section and shall deliver a written notice to the 1 26 landlord specifying the acts and omissions constituting the 1 27 breach and that the rental agreement will terminate upon a 1 28 date not less thanthirtyseven days after receipt of the 1 29 notice if the breach is not remedied infourteenseven days, 1 30 and the rental agreement shall terminate and the tenant shall 1 31 surrender as provided in the notice subject to the following: 1 32 Sec. 5. Section 562A.21, subsection 1, paragraph b, Code 1 33 1995, is amended to read as follows: 1 34 b. If substantially the same act or omission which 1 35 constituted a prior noncompliance of which notice was given 2 1 recurs within six months, the tenant may terminate the rental 2 2 agreement upon at leastfourteenseven days' written notice 2 3 specifying the breach and the date of termination of the 2 4 rental agreement unless the landlord has exercised due 2 5 diligence and effort to remedy the breach which gave rise to 2 6 the noncompliance. 2 7 Sec. 6. Section 562A.27, subsection 1, Code 1995, is 2 8 amended to read as follows: 2 9 1. Except as provided in this chapter, if there is a 2 10 material noncompliance by the tenant with the rental agreement 2 11 or a noncompliance with section 562A.17 materially affecting 2 12 health and safety, the landlord may deliver a written notice 2 13 to the tenant specifying the acts and omissions constituting 2 14 the breach and that the rental agreement will terminate upon a 2 15 date not less thanthirtyseven days after receipt of the 2 16 notice if the breach is not remedied infourteenseven days, 2 17 and the rental agreement shall terminate as provided in the 2 18 notice subject to the provisions of this section. If the 2 19 breach is remediable by repairs or the payment of damages or 2 20 otherwise and the tenant adequately remedies the breach prior 2 21 to the date specified in the notice, the rental agreement 2 22 shall not terminate. If substantially the same act or 2 23 omission which constituted a prior noncompliance of which 2 24 notice was given recurs within six months, the landlord may 2 25 terminate the rental agreement upon at leastfourteenseven 2 26 days' written notice specifying the breach and the date of 2 27 termination of the rental agreement. 2 28 Sec. 7. Section 562A.27, subsection 4, paragraph b, Code 2 29 1995, is amended to read as follows: 2 30 b. That the tenant notified the landlord at leastfourteen2 31 seven days prior to the due date of the tenant's rent payment 2 32 of the tenant's intention to correct the condition 2 33 constituting the breach referred to in paragraph "a"of this2 34subsectionat the landlord's expense; and 2 35 Sec. 8. Section 562A.27A, subsection 1, Code 1995, is 3 1 amended to read as follows: 3 2 1. Notwithstanding section 562A.27 or 648.3, if a tenant 3 3 has created or maintained a threat constituting a clear and 3 4 present danger to the health or safety of other tenants, the 3 5 landlord,orthe landlord's employee or agent, or other 3 6 persons on or within one thousand feet of the landlord's 3 7 property, the landlord, after a single three days' written 3 8 notice of termination and notice to quit, may file suit 3 9 against the tenant for recovery of possession of the premises 3 10 pursuant to chapter 648, except as otherwise provided in 3 11 subsection 3. The petition shall state the incident or 3 12 incidents giving rise to the notice of termination and notice 3 13 to quit. The tenant shall be given the opportunity to contest 3 14 the termination in the court proceedings by notice thereof at 3 15 leastfivethree days prior to the hearing. 3 16 Sec. 9. Section 562A.27A, subsection 2, unnumbered 3 17 paragraph 1, Code 1995, is amended to read as follows: 3 18 A clear and present danger to the health or safety of other 3 19 tenants, the landlord,orthe landlord's employees or agents, 3 20 or other persons on or within one thousand feet of the 3 21 landlord's property includes, but is not limited to, any of 3 22 the following activities of the tenant or of any person on the 3 23 premises with the consent of the tenant: 3 24 Sec. 10. Section 562A.28, Code 1995, is amended to read as 3 25 follows: 3 26 562A.28 FAILURE TO MAINTAIN. 3 27 If there is noncompliance by the tenant with section 3 28 562A.17, materially affecting health and safety, that can be 3 29 remedied by repair or replacement of a damaged item or 3 30 cleaning, and the tenant fails to comply as promptly as 3 31 conditions require in case of emergency or withinfourteen3 32 seven days after written notice by the landlord specifying the 3 33 breach and requesting that the tenant remedy it within that 3 34 period of time, the landlord may enter the dwelling unit and 3 35 cause the work to be done in a competent manner and submit an 4 1 itemized bill for the actual and reasonable cost or the fair 4 2 and reasonable value of it as rent on the next date when 4 3 periodic rent is due, or if the rental agreement has 4 4 terminated, for immediate payment. 4 5 Sec. 11. Section 562B.25A, subsection 1, Code 1995, is 4 6 amended to read as follows: 4 7 1. Notwithstanding section 562B.25 or 648.3, if a tenant 4 8 has created or maintained a threat constituting a clear and 4 9 present danger to the health or safety of other tenants, the 4 10 landlord,orthe landlord's employee or agent, or other 4 11 persons on or within one thousand feet of the landlord's 4 12 property, the landlord, after a single three days' written 4 13 notice of termination and notice to quit, may file suit 4 14 against the tenant for recovery of possession of the premises 4 15 pursuant to chapter 648, except as otherwise provided in 4 16 subsection 3. The petition shall state the incident or 4 17 incidents giving rise to the notice of termination and notice 4 18 to quit. The tenant shall be given the opportunity to contest 4 19 the termination in the court proceedings by notice thereof at 4 20 leastfivethree days prior to the hearing. 4 21 Sec. 12. Section 562B.25A, subsection 2, unnumbered 4 22 paragraph 1, Code 1995, is amended to read as follows: 4 23 A clear and present danger to the health or safety of other 4 24 tenants, the landlord, or the landlord's employees or agents, 4 25 or other persons on or within one thousand feet of the 4 26 landlord's property includes, but is not limited to, any of 4 27 the following activities of the tenant or of any person on the 4 28 premises with the consent of the tenant: 4 29 Sec. 13. Section 631.4, subsection 2, paragraph b, Code 4 30 1995, is amended to read as follows: 4 31 b. Original notice shall be served personally upon each 4 32 defendant as provided in rule 56.1 of the rules of civil 4 33 procedure, which service shall be made at leastfivethree 4 34 days prior to the date set for hearing. Upon receipt of the 4 35 prescribed costs the clerk shall cause the original notice to 5 1 be delivered to a peace officer or other person for service 5 2 upon each defendant. 5 3 Sec. 14. Section 648.5, Code 1995, is amended to read as 5 4 follows: 5 5 648.5 JURISDICTION &endash; HEARING &endash; PERSONAL SERVICE. 5 6 The court within the county shall have jurisdiction of 5 7 actions for the forcible entry or detention of real property. 5 8 They shall be tried as equitable actions. Unless commenced as 5 9 a small claim, a petition shall be presented to a district 5 10 court judge. Upon receipt of the petition, the court shall 5 11 order a hearing which shall not be later thanfourteenseven 5 12 days from the date of the order. Personal service shall be 5 13 made upon the defendant not less thanfivethree days prior to 5 14 the hearing. In the event that personal service cannot be 5 15 completed in time to give the defendant the minimum notice 5 16 required by this section, the court may set a new hearing 5 17 date. A default cannot be made upon a defendant unless the 5 18fivethree days' notice has been given. 5 19 Sec. 15. Section 648.22, Code 1995, is amended to read as 5 20 follows: 5 21 648.22 JUDGMENT &endash; EXECUTION &endash; COSTS. 5 22 If the defendant is found guilty, judgment shall be entered 5 23 that the defendant be removed from the premises, and that the 5 24 plaintiff be put in possession of the premises, and an 5 25 execution for the defendant's removal withintenthree days 5 26 from the judgment shall issue accordingly, to which shall be 5 27 added a clause commanding the officer to collect the costs as 5 28 in ordinary cases. 5 29 Sec. 16. EFFECTIVE DATE. The amendments in this Act to 5 30 sections 562A.5 and 562A.6, being deemed of immediate 5 31 importance, take effect upon enactment. 5 32 HF 492 5 33 mk/pk/25
Text: HF00491 Text: HF00493 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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