Text: HSB00626                          Text: HSB00628
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 627

Conference Committee Text

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.  The
  1  9 tenant shall be given the opportunity to contest the
  1 10 termination in the court proceedings by notice thereof at
  1 11 least five days prior to the hearing.
  1 12    Sec. 2.  Section 562A.29A, unnumbered paragraph 1, Code
  1 13 1995, is amended to read as follows:
  1 14    Notwithstanding sections 631.4 and 648.5, the written
  1 15 notice of termination required by section 562A.27, subsection
  1 16 1 or 2, a notice of termination and notice to quit under
  1 17 section 562A.27A, a notice to quit as required by section
  1 18 648.3, or a petition for forcible entry and detainer pursuant
  1 19 to chapter 648, may be served upon the tenant in any of the
  1 20 following ways:
  1 21    Sec. 3.  Section 562A.34, subsection 2, Code 1995, is
  1 22 amended by striking the subsection and inserting in lieu
  1 23 thereof the following:
  1 24    2.  The landlord or the tenant may terminate a month-to-
  1 25 month tenancy by giving a written notice to the other at least
  1 26 thirty days prior to the date of termination specified in the
  1 27 notice.
  1 28    Sec. 4.  Section 562B.27A, unnumbered paragraph 1, Code
  1 29 1995, is amended to read as follows:
  1 30    Notwithstanding sections 631.4 and 648.5, the written
  1 31 notice of termination required by section 562B.25, subsection
  1 32 1 or 2, a notice of termination and notice to quit under
  1 33 section 562B.25A, a notice to quit as required by section
  1 34 648.3, or a petition for forcible entry and detainer pursuant
  1 35 to chapter 648, may be served upon the tenant in any of the
  2  1 following ways:
  2  2    Sec. 5.  Section 631.4, subsection 2, paragraph c, Code
  2  3 Supplement 1995, is amended to read as follows:
  2  4    c.  If personal service cannot be made upon each defendant,
  2  5 as provided in rule of civil procedure 56.1, the plaintiff may
  2  6 elect to post, after at least three two attempts to perfect
  2  7 service upon each defendant, one or more copies of the
  2  8 original notice upon the real property being detained by each
  2  9 defendant at least five days prior to the date set for
  2 10 hearing.  The attempts to perfect personal service may be made
  2 11 on the same day.  In such instances addition to posting, the
  2 12 plaintiff shall also mail, by certified mail and first class
  2 13 mail, to each defendant, at the place held out by each
  2 14 defendant as the place for receipt of such communications or,
  2 15 in the absence of such designation, at each defendant's last
  2 16 known place of residence, a copy of the original notice at
  2 17 least five days prior to the date set for hearing.  Under this
  2 18 paragraph, service shall be deemed complete upon each
  2 19 defendant by the filing with the clerk of the district court
  2 20 of one or more affidavits indicating that a copy of the
  2 21 original notice was both posted and mailed to each defendant
  2 22 as provided in this paragraph, whether or not the defendant
  2 23 signs a receipt for the notice.  
  2 24                           EXPLANATION
  2 25    This bill provides that a landlord under chapter 562A may
  2 26 file suit against a tenant to regain possession of the rental
  2 27 unit if the tenant has denied the landlord lawful access to
  2 28 the rental unit.  With few exceptions, to be lawful under
  2 29 section 562A.19, access must be reasonable, not used to harass
  2 30 the tenant, and be requested at least 24 hours in advance.
  2 31    The bill also provides that the notice of termination of
  2 32 the rental agreement for failure to pay rent after written
  2 33 notice may be provided by personal service or by mail.  This
  2 34 applies in both residential and mobile home rental situations
  2 35 under chapters 562A and 562B.
  3  1    In addition, the bill provides that a month-to-month
  3  2 tenancy under chapter 562A may be terminated by either party
  3  3 by written notice to the other party at least 30 days prior to
  3  4 the date of termination specified in the notice.  Currently,
  3  5 the notice must be provided at least 30 days prior to the
  3  6 monthly rental date for payment of rent.
  3  7    The bill also provides that, in actions for forcible entry
  3  8 and detention under chapter 631, service by posting and mail
  3  9 may be made after two attempts at personal service of notice
  3 10 which may be made on the same day.  Currently, three attempts
  3 11 at personal service are required and the Code is silent
  3 12 regarding whether the attempts can be made the same day.  The
  3 13 bill requires notice to be sent by certified mail and allows
  3 14 service to be deemed complete upon the filing of affidavits
  3 15 regarding service by posting and mail, regardless of whether
  3 16 the defendant signs a receipt for the notice.  
  3 17 LSB 4087HC 76
  3 18 mk/cf/24
     

Text: HSB00626                          Text: HSB00628
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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