Text: SF00330 Text: SF00332 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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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