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PAG LIN
1 1 Section 1. Section 562B.7, Code 1997, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 2A. "Denial of entry" means refusal by a
1 4 landlord to rent a mobile home space to a prospective tenant.
1 5 NEW SUBSECTION. 3A. "Just cause" means an act which is
1 6 right or fair, lawful, proper, correct, or true based upon
1 7 circumstances existing at the time the action is taken or in
1 8 the very recent past preceding the action. "Just cause"
1 9 includes the failure of a tenant to meet the obligations
1 10 specified in section 562B.18, or adhere to the rules and
1 11 regulations prescribed in section 562B.19, subsections 1 and
1 12 2. With regard to a denial of entry, failure of a prospective
1 13 tenant to meet the above-referenced obligations, rules, and
1 14 regulations in a previous tenancy shall constitute just cause.
1 15 Sec. 2. Section 562B.10, subsection 4, Code 1997, is
1 16 amended to read as follows:
1 17 4. a. Rental agreements shall be for a term of one year
1 18 unless otherwise specified in the rental agreement. Rental
1 19 agreements shall be canceled by at least sixty days' written
1 20 notice given by either party except as otherwise prescribed in
1 21 sections 562B.25 and 562B.25A. A landlord shall not cancel a
1 22 rental agreement solely for the purpose of making the tenant's
1 23 mobile home space available for another mobile home.
1 24 b. A sixty-day written notice to cancel a rental
1 25 agreement, a written notice of termination pursuant to section
1 26 562B.25 or 562B.25A, or a denial of entry to a mobile home
1 27 park initiated by a landlord shall only be for just cause. A
1 28 written notice of cancellation, termination, or denial of
1 29 entry shall contain a statement of just cause for the decision
1 30 to cancel, terminate, or deny.
1 31 Sec. 3. Section 562B.14, subsection 7, Code 1997, is
1 32 amended to read as follows:
1 33 7. Each tenant shall be notified, in writing, of any rent
1 34 increase at least sixty days before the effective date. Such
1 35 effective date shall not be sooner than the expiration date of
2 1 the original rental agreement or any renewal or extension
2 2 thereof. Rent increases from one year to the next shall not
2 3 exceed the percentage increase in the consumer price index.
2 4 Sec. 4. Section 562B.16, subsection 2, Code 1997, is
2 5 amended by adding the following new unnumbered paragraph:
2 6 NEW UNNUMBERED PARAGRAPH. All requests for upgrades to the
2 7 mobile home made by a landlord costing in excess of one
2 8 hundred dollars must be made in writing. A tenant shall have
2 9 at least sixty days to comply with the request or to negotiate
2 10 a longer time period for compliance.
2 11 Sec. 5. Section 562B.21, Code 1997, is amended by adding
2 12 the following new unnumbered paragraph:
2 13 NEW UNNUMBERED PARAGRAPH. A landlord shall not charge a
2 14 tenant for having a houseguest if the houseguest remains on
2 15 the premises for ninety consecutive days or less. A
2 16 houseguest remaining on the premises for longer than ninety
2 17 consecutive days shall be required to register as a permanent
2 18 tenant.
2 19 Sec. 6. Section 562B.22, subsection 2, Code 1997, is
2 20 amended to read as follows:
2 21 2. Except as otherwise provided in this chapter, the
2 22 tenant may recover damages, and obtain injunctive relief for
2 23 any noncompliance by the landlord with the rental agreement or
2 24 with section 562B.16. If a breach is remedied pursuant to
2 25 subsection 1, paragraph "a", the tenant may recover damages
2 26 and at least two months of rent without terminating the rental
2 27 agreement. In addition, the landlord shall not increase the
2 28 rent for a period of one year from the date of correction of a
2 29 noncompliance.
2 30 Sec. 7. Section 562B.24, Code 1997, is amended by adding
2 31 the following new unnumbered paragraph:
2 32 NEW UNNUMBERED PARAGRAPH. In addition to any other remedy
2 33 provided for in this section, if a landlord executes a sixty-
2 34 day written notice to cancel a rental agreement, a written
2 35 notice of termination pursuant to section 562B.25 or 562B.25A,
3 1 or a denial of entry to a mobile home park and either fails to
3 2 supply or fails to substantiate a written notice of just
3 3 cause, the landlord shall reimburse the tenant for at least
3 4 one-half of the moving expenses incurred by the tenant as a
3 5 result of the notice to cancel, terminate, or deny, or, at the
3 6 option of the landlord, with the tenant's consent, the
3 7 landlord may purchase the mobile home in cash for its fair
3 8 market value on the date of cancellation, termination, or
3 9 denial.
3 10 Sec. 8. Section 562B.25A, Code 1997, is amended by adding
3 11 the following new subsection:
3 12 NEW SUBSECTION. 4. Termination of a rental agreement for
3 13 an alleged illegal act other than an act described in
3 14 subsection 2 may not occur unless a tenant has been convicted
3 15 of the crime in a court of law.
3 16 EXPLANATION
3 17 This bill makes several changes to provisions relating to
3 18 mobile home park regulation, landlord responsibilities, and
3 19 remedies available to mobile home park landlords and tenants.
3 20 The bill provides that just cause for the eviction of a
3 21 tenant, refusal to renew a rental agreement, or the denial of
3 22 entry to a tenant must be provided in writing. Just cause is
3 23 defined in the bill as an act which is right or fair, lawful,
3 24 proper, correct, or true based upon circumstances existing at
3 25 the time the action is taken, or in the very recent past
3 26 preceding the action, and includes the failure of a tenant to
3 27 meet tenant obligations specified in Code section 562B.18
3 28 relating to maintenance of mobile home space, or to adhere to
3 29 the landlord rules and regulations prescribed in Code section
3 30 562B.19, subsections 1 and 2. In the event that just cause is
3 31 either not supplied or not substantiated by a landlord, an
3 32 additional remedy beyond that specified in Code section
3 33 562B.24 is provided in the form of reimbursement to the tenant
3 34 of at least one-half of their moving expenses or, at the
3 35 option of the landlord with the consent of the tenant, the
4 1 landlord may purchase the mobile home for its fair market
4 2 value on the date of the cancellation or termination of the
4 3 tenancy, or denial of entry as a tenant. The bill also
4 4 provides that termination of a rental agreement for an alleged
4 5 illegal act by the tenant, other than acts described in Code
4 6 section 562B.25A creating a clear and present danger, shall
4 7 not be permitted unless the tenant is convicted of the crime
4 8 alleged. The bill provides that a landlord in noncompliance
4 9 with a rental agreement shall not be permitted to increase the
4 10 rent for the park for a period of one year from the date of
4 11 correction of the noncompliance, and that rent increases may
4 12 not exceed the percentage increase in the consumer price
4 13 index. The bill additionally provides that a landlord shall
4 14 not be permitted to charge a tenant for having a houseguest
4 15 until that guest has remained on the premises for 90
4 16 consecutive days, after which the houseguest shall be required
4 17 to register as a permanent tenant.
4 18 The bill provides that all requests for upgrades made by
4 19 the landlord at a cost in excess of $100 must be submitted in
4 20 writing to the tenant, and the tenant shall either have 60
4 21 days to comply or may negotiate with the landlord for a
4 22 compliance period of another length. The bill also provides
4 23 that if a landlord is in noncompliance with a rental
4 24 agreement, and the noncompliance may be remedied, the tenant
4 25 shall have the option of collecting damages and at least two
4 26 months' rent without terminating the rental agreement.
4 27 LSB 2107XS 77
4 28 rn/jw/5
Text: SF00330 Text: SF00332 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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