Text: SSB02184                          Text: SSB02186
Text: SSB02100 - SSB02199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 2185

Bill Text

PAG LIN
  1  1    Section 1.  Section 384.84, subsection 3, paragraph d, Code
  1  2 Supplement 1997, is amended to read as follows:
  1  3    d.  For a residential rental property where a charge for
  1  4 water any enterprise service is separately metered charged and
  1  5 paid directly by the tenant, the rental property, to the
  1  6 extent provided in this paragraph, is exempt from a lien for
  1  7 those delinquent charges incurred after the landlord gives
  1  8 written notice to the city utility or enterprise that the
  1  9 tenant is liable for the charges and a deposit not exceeding
  1 10 the usual cost of ninety days of water such enterprise service
  1 11 is paid to the utility or enterprise.  Upon receipt, the
  1 12 utility or enterprise shall acknowledge the notice and
  1 13 deposit.  A written notice shall contain the name of the
  1 14 tenant responsible for charges, address of the property that
  1 15 the tenant is to occupy, and the date that the occupancy
  1 16 begins.  A If there is a change in tenant shall require a new
  1 17 written notice and deposit, the landlord shall notify the city
  1 18 utility or enterprise and provide the name of the new tenant
  1 19 who is to be liable for the charges.  When the tenant moves
  1 20 from the rental property, the city utility or enterprise shall
  1 21 return the deposit to the tenant if the tenant paid the
  1 22 deposit to the city utility or enterprise and if the water
  1 23 enterprise service charges are paid in full and the lien
  1 24 exemption shall be lifted from the rental property.  If the
  1 25 deposit was paid to the city utility or enterprise by the
  1 26 landlord, the city utility or enterprise need not return the
  1 27 deposit to the landlord after the tenant moves from the rental
  1 28 property unless requested to do so by the landlord or unless
  1 29 the city utility or enterprise is informed that services are
  1 30 to be discontinued for the property.
  1 31    If an account for enterprise services becomes delinquent,
  1 32 the city utility or enterprise shall provide written notice of
  1 33 the delinquency to the landlord if the account remains
  1 34 delinquent for two billing cycles.  The lien exemption
  1 35 provided in this paragraph applies only to the extent of the
  2  1 deposit so long as the city utility or enterprise satisfies
  2  2 the requirements of this paragraph.
  2  3    PARAGRAPH DIVIDED.  The lien exemption for rental property
  2  4 does not apply to charges for repairs to a water service if
  2  5 the repair charges become delinquent.  
  2  6                           EXPLANATION
  2  7    This bill amends a portion of Code section 384.84 which
  2  8 exempts certain residential rental property from a lien for
  2  9 delinquent water service charges.  The lien exemption applies
  2 10 after the landlord gives written notice to the city utility or
  2 11 enterprise that the tenant is liable for the charges and a
  2 12 deposit not exceeding the usual cost of 90 days of water
  2 13 service is paid to the utility or enterprise.
  2 14    The bill expands the exemption to include liens for
  2 15 services in addition to water services.  The bill also
  2 16 provides that if there is a change in tenant, the landlord is
  2 17 to notify the city utility or enterprise and provide the name
  2 18 of the new tenant responsible for the payment of charges.  The
  2 19 bill eliminates the requirement that upon a change in tenant a
  2 20 new written notice and deposit is required for purposes of the
  2 21 lien exemption.  If the deposit is paid by the tenant, the
  2 22 city utility or enterprise is to return the deposit to the
  2 23 tenant.  If the deposit is paid by the landlord, the city
  2 24 utility or enterprise need not return the deposit to the
  2 25 landlord after the tenant moves from the rental property
  2 26 unless requested to do so by the landlord or unless the city
  2 27 utility or enterprise is informed that services are to be
  2 28 discontinued for the property.  If the account for services
  2 29 becomes delinquent and remains so for two billing cycles, the
  2 30 city utility or enterprise must provide notice to the landlord
  2 31 of such delinquency.  The lien exemption provided is limited
  2 32 to the amount of the deposit if the city utility or enterprise
  2 33 satisfies the notification requirements.  
  2 34 LSB 4360SC 77
  2 35 mj/jw/5
     

Text: SSB02184                          Text: SSB02186
Text: SSB02100 - SSB02199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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