Text: HF02456 Text: HF02458 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Section 1. NEW SECTION. 562A.27B TERMINATION FOR FAILURE 1 2 TO GIVE LAWFUL ACCESS. 1 3 Notwithstanding section 562A.27 or section 648.3, if a 1 4 tenant refuses to provide the landlord access to the dwelling 1 5 in accordance with section 562A.19, the landlord, after a 1 6 single three days' written notice of termination and notice to 1 7 quit, may file suit against the tenant for recovery of 1 8 possession of the premises pursuant to chapter 648. 1 9 Sec. 2. Section 562A.29A, unnumbered paragraph 1, Code 1 10 1995, is amended to read as follows: 1 11 Notwithstanding sections 631.4 and 648.5, the written 1 12 notice of termination required by section 562A.27, subsection 1 13 1 or 2, a notice of termination and notice to quit under 1 14 section 562A.27A, a notice to quit as required by section 1 15 648.3, or a petition for forcible entry and detainer pursuant 1 16 to chapter 648, may be served upon the tenant in any of the 1 17 following ways: 1 18 Sec. 3. Section 562B.27A, unnumbered paragraph 1, Code 1 19 1995, is amended to read as follows: 1 20 Notwithstanding sections 631.4 and 648.5, the written 1 21 notice of termination required by section 562B.25, subsection 1 22 1 or 2, a notice of termination and notice to quit under 1 23 section 562B.25A, a notice to quit as required by section 1 24 648.3, or a petition for forcible entry and detainer pursuant 1 25 to chapter 648, may be served upon the tenant in any of the 1 26 following ways: 1 27 Sec. 4. Section 631.4, subsection 2, paragraph c, Code 1 28 Supplement 1995, is amended to read as follows: 1 29 c. If personal service cannot be made upon each defendant, 1 30 as provided in rule of civil procedure 56.1, the plaintiff may 1 31 elect to post, after at leastthreetwo attempts to perfect 1 32 service upon each defendant, one or more copies of the 1 33 original notice upon the real property being detained by each 1 34 defendant at leastfivethree days prior to the date set for 1 35 hearing. The attempts to perfect personal service may be made 2 1 on the same day. Insuch instancesaddition to posting, the 2 2 plaintiff shall also mail, by certified mailand first class2 3fivethree days prior to the date set for hearing. 2 8 Under this paragraph, service shall be deemed complete upon 2 9 each defendant by the filing with the clerk of the district 2 10 court of one or more affidavits indicating that a copy of the 2 11 original notice was both posted and mailed to each defendant 2 12 as provided in this paragraph, whether or not the defendant 2 13 signs a receipt for the notice. 2 14 EXPLANATION 2 15 This bill provides that a landlord under chapter 562A may 2 16 file suit against a tenant to regain possession of the rental 2 17 unit if the tenant has denied the landlord lawful access to 2 18 the rental unit. With a few exceptions, to be lawful under 2 19 section 562A.19, access must be reasonable, not used to harass 2 20 the tenant, and be requested at least 24 hours in advance. 2 21 The bill also provides that the notice of termination of 2 22 the rental agreement for failure to pay rent after written 2 23 notice may be provided by personal service or by mail. This 2 24 applies in both residential and mobile home rental situations 2 25 under chapters 562A and 562B. 2 26 The bill also provides that, in actions for forcible entry 2 27 and detention under chapter 631, service by posting and mail 2 28 may be made after two attempts at personal service of notice 2 29 which may be made on the same day. Currently, three attempts 2 30 at personal service are required and the Code is silent 2 31 regarding whether the attempts can be made the same day. The 2 32 bill requires notice to be sent by certified mail and allows 2 33 service to be deemed complete upon the filing of affidavits 2 34 regarding service by posting and mail, regardless of whether 2 35 the defendant signs a receipt for the notice. The bill also 3 1 reduces the period of time for the plaintiff to send notice to 3 2 the defendant, from five to three days. 3 3 LSB 4087HV 76 3 4 mk/cf/24
Text: HF02456 Text: HF02458 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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