Text: HSB00188 Text: HSB00190 Text: HSB00100 - HSB00199 Text: HSB 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.27, subsections 1 and 2, Code 1995, 1 10 are amended to read as follows: 1 11 1. Except as provided in this chapter, if there is a 1 12 material noncompliance by the tenant with the rental agreement 1 13 or a noncompliance with section 562A.17 materially affecting 1 14 health and safety, the landlord may deliver a written notice 1 15 to the tenant specifying the acts and omissions constituting 1 16 the breach and that the rental agreement will terminate upon a 1 17 date not less thanthirtyseven days after receipt of the 1 18 notice if the breach is not remedied infourteenthree days, 1 19 and the rental agreement shall terminate as provided in the 1 20 notice subject to the provisions of this section. If the 1 21 breach is remediable by repairs or the payment of damages or 1 22 otherwise and the tenant adequately remedies the breach prior 1 23 to the date specified in the notice, the rental agreement 1 24 shall not terminate. If substantially the same act or 1 25 omission which constituted a prior noncompliance of which 1 26 notice was given recurs within six months, the landlord may 1 27 terminate the rental agreement upon at leastfourteenthree 1 28 days' written notice specifying the breach and the date of 1 29 termination of the rental agreement. 1 30 2. If rent is unpaid when due and the tenant fails to pay 1 31 rent withinthree daysseventy-two hours after written notice 1 32 by the landlord of nonpayment and the landlord's intention to 1 33 terminate the rental agreement if the rent is not paid within 1 34 that period of time, the landlord may terminate the rental 1 35 agreement. 2 1 Sec. 3. Section 562A.27, subsection 4, paragraph b, Code 2 2 1995, is amended to read as follows: 2 3 b. That the tenant notified the landlord at leastfourteen2 4 three days prior to the due date of the tenant's rent payment 2 5 of the tenant's intention to correct the condition 2 6 constituting the breach referred to in paragraph "a"of this2 7subsectionat the landlord's expense; and 2 8 Sec. 4. Section 562A.27A, subsection 1, Code 1995, is 2 9 amended to read as follows: 2 10 1. Notwithstanding section 562A.27 or 648.3, if a tenant 2 11 has created or maintained a threat constituting a clear and 2 12 present danger to the health or safety of other tenants, the 2 13 landlord, or the landlord's employee or agent, the landlord, 2 14 after a singlethree days'seventy-two hours' written notice 2 15 of termination and notice to quit, may file suit against the 2 16 tenant for recovery of possession of the premises pursuant to 2 17 chapter 648, except as otherwise provided in subsection 3. 2 18 The tenant shall be given the opportunity to contest the 2 19 termination in the court proceedings by notice thereof at 2 20 least five days prior to the hearing. 2 21 Sec. 5. Section 562A.28, Code 1995, is amended to read as 2 22 follows: 2 23 562A.28 FAILURE TO MAINTAIN. 2 24 If there is noncompliance by the tenant with section 2 25 562A.17, materially affecting health and safety, that can be 2 26 remedied by repair or replacement of a damaged item or 2 27 cleaning, and the tenant fails to comply as promptly as 2 28 conditions require in case of emergency or withinfourteen2 29daysseventy-two hours after written notice by the landlord 2 30 specifying the breach and requesting that the tenant remedy it 2 31 within that period of time, the landlord may enter the 2 32 dwelling unit and cause the work to be done in a competent 2 33 manner and submit an itemized bill for the actual and 2 34 reasonable cost or the fair and reasonable value of it as rent 2 35 on the next date when periodic rent is due, or if the rental 3 1 agreement has terminated, for immediate payment. 3 2 Sec. 6. Section 562A.29, Code 1995, is amended by adding 3 3 the following new subsection: 3 4 NEW SUBSECTION. 4. If the tenant's lease is terminated, 3 5 or if the tenant abandons the dwelling unit owing rent, and 3 6 the tenant leaves personal property in the dwelling unit 3 7 without making arrangements with the landlord to recover the 3 8 property within seventy-two hours of departure, the landlord 3 9 may presume that the tenant has abandoned the property and the 3 10 landlord may sell or dispose of the property. The landlord 3 11 may exercise this right of disposal only if the provisions of 3 12 this subsection are incorporated into the rental agreement or 3 13 rules. 3 14 Sec. 7. Section 631.4, subsection 2, paragraph b, Code 3 15 1995, is amended to read as follows: 3 16 b. Original notice shall be served personally upon each 3 17 defendant as provided in rule 56.1 of the rules of civil 3 18 procedure, which service shall be made at leastfivethree 3 19 days prior to the date set for hearing. Upon receipt of the 3 20 prescribed costs the clerk shall cause the original notice to 3 21 be delivered to a peace officer or other person for service 3 22 upon each defendant. 3 23 Sec. 8. Section 648.3, Code 1995, is amended to read as 3 24 follows: 3 25 648.3 NOTICE TO QUIT. 3 26 Before action can be brought in any except the first of the 3 27 above classes,three days'seventy-two hours' notice to quit 3 28 must be given to the defendant in writing. However, a 3 29 landlord who has given a tenantthree days'seventy-two hours' 3 30 notice to pay rent and has terminated the tenancy as provided 3 31 in section 562A.27, subsection 2, or section 562B.25, 3 32 subsection 2, if the tenant is renting the mobile home or the 3 33 land from the landlord may commence the action without giving 3 34 athree-dayseventy-two-hour notice to quit. 3 35 Sec. 9. Section 648.4, Code 1995, is amended to read as 4 1 follows: 4 2 648.4 NOTICE TERMINATING TENANCY. 4 3 When the tenancy is at will and the action is based on the 4 4 ground of the nonpayment of rent when due, no notice of the 4 5 termination of the tenancy other than thethree-dayseventy- 4 6 two-hour notice need be given before beginning the action. 4 7 Sec. 10. Section 648.5, Code 1995, is amended to read as 4 8 follows: 4 9 648.5 JURISDICTION &endash; HEARING &endash; PERSONAL SERVICE. 4 10 The court within the county shall have jurisdiction of 4 11 actions for the forcible entry or detention of real property. 4 12 They shall be tried as equitable actions. Unless commenced as 4 13 a small claim, a petition shall be presented to a district 4 14 court judge. Upon receipt of the petition, the court shall 4 15 order a hearing which shall not be later thanfourteenseven 4 16 days from the date of the order. Personal service shall be 4 17 made upon the defendant not less thanfive daysseventy-two 4 18 hours prior to the hearing. In the event that personal 4 19 service cannot be completed in time to give the defendant the 4 20 minimum notice required by this section, the court may set a 4 21 new hearing date. A default cannot be made upon a defendant 4 22 unless thefive days'seventy-two-hour notice has been given. 4 23 Sec. 11. Section 648.22, Code 1995, is amended to read as 4 24 follows: 4 25 648.22 JUDGMENT &endash; EXECUTION &endash; COSTS. 4 26 If the defendant is found guilty, judgment shall be entered 4 27 that the defendant be removed from the premises, and that the 4 28 plaintiff be put in possession of the premises, and an 4 29 execution for the defendant's removal withinten daysseventy- 4 30 two hours from the judgment shall issue accordingly, to which 4 31 shall be added a clause commanding the officer to collect the 4 32 costs as in ordinary cases. 4 33 EXPLANATION 4 34 This bill provides that in situations where the tenant is 4 35 not complying with the rental agreement, the notice required 5 1 to the tenant from the landlord that the rental agreement will 5 2 terminate unless the tenant complies with the rental agreement 5 3 is reduced to seven days from 30 regarding the termination 5 4 date and from 14 days to comply with the agreement to three 5 5 days. A second occurrence of noncompliance within six months 5 6 is subject to termination of the rental agreement with three 5 7 days' notice, instead of the 14 days required currently. 5 8 In situations of tenant noncompliance constituting a clear 5 9 and present danger to other tenants, the notice of termination 5 10 is changed from three days to 72 hours. Where a tenant fails 5 11 to maintain the premises, the notice from the landlord that 5 12 the tenant must remedy the fault or face termination is 5 13 reduced to 72 hours instead of 14 days. The bill also 5 14 provides that landlords may dispose of personal property left 5 15 behind by tenants in certain circumstances. 5 16 In addition, the bill provides that notice in actions for 5 17 forcible entry or detention brought under the small claims 5 18 chapter require three days' notice to the defendant instead of 5 19 five. Actions for forcible entry and detention under chapter 5 20 648 require the tenant to receive a 72-hour notice to quit the 5 21 property or notice of termination of the rental agreement 5 22 instead of a three-day notice to quit. Also, hearing dates in 5 23 forcible entry or detention actions shall be set not more than 5 24 seven days following filing of the petition, instead of the 5 25 current 14, and that personal service be made on the defendant 5 26 not less than 72 hours prior to the hearing instead of five 5 27 days. 5 28 Finally, the bill provides that a residential lease late 5 29 payment fee shall not exceed $10 per day up to a maximum of 5 30 $40 per month. 5 31 LSB 1748HC 76 5 32 mk/jj/8
Text: HSB00188 Text: HSB00190 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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