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House File 2457

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  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 least three two 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 least five three 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.  In such instances addition to posting, the
  2  2 plaintiff shall also mail, by certified mail and first class
  2  3 mail, to each defendant, at the place held out by each
  2  4 defendant as the place for receipt of such communications or,
  2  5 in the absence of such designation, at each defendant's last
  2  6 known place of residence, a copy of the original notice at
  2  7 least five three 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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