Text: HF02200 Text: HF02202 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 562A.29, subsection 3, Code 1999, is 1 2 amended to read as follows: 1 3 3. If the tenant abandons the dwelling unit, the following 1 4 shall apply: 1 5 a. For purposes of determining abandonment under this 1 6 subsection: 1 7 (1) The landlord may rely on a statement by the tenant 1 8 indicating an intent to abandon the dwelling unit. 1 9 (2) The landlord may rely upon an inference of intent by 1 10 the tenant to abandon the dwelling unit if the tenant is 1 11 continuously absent from the dwelling unit without payment of 1 12 rent for a full rental period. 1 13 (3) The landlord may rely upon a court order holding that 1 14 the dwelling unit has been abandoned upon substantial proof to 1 15 the court that the dwelling unit has been abandoned. 1 16 b. Notwithstanding section 562A.31, the landlord may enter 1 17 and take possession of any property of the tenant found in the 1 18 dwelling unit and may store the property in a secure place. 1 19 (1) The landlord shall make reasonable efforts to provide 1 20 the tenant with a notice containing the name and address of 1 21 the landlord and the place where the property is stored, and 1 22 informing the tenant that a sale or disposal of the property 1 23 shall take place pursuant to this subsection, and the date of 1 24 the sale or disposal, and further informing the tenant of any 1 25 action the tenant must take to retrieve the property prior to 1 26 its sale or disposal. 1 27 (2) The landlord's effort to notify the tenant under this 1 28 subsection shall be satisfied by complying with both of the 1 29 following: 1 30 (a) Mailing the notice via first class mail, postage 1 31 prepaid, to the tenant's last known address, to any other 1 32 address provided in writing by the tenant, or to any other 1 33 address actually known to the landlord where the tenant might 1 34 receive the notice, at least forty-five days prior to the day 1 35 set for sale or disposal of the property. 2 1 (b) Publishing a notice once in a newspaper of general 2 2 circulation in the county at least forty-five days prior to 2 3 the day set for sale or disposal of the property. 2 4 (3) The landlord shall return the property to the tenant 2 5 after the tenant has paid the reasonable moving and storage 2 6 fees and costs associated with the property, if the tenant 2 7 makes a written request for the return of the property before 2 8 the landlord has sold or disposed of the property. 2 9 (4) After forty-five days from the last date of notice 2 10 published and mailed to the tenant, the landlord may dispose 2 11 of the property. The landlord may apply any income derived 2 12 from the sale of the property to amounts due to the landlord, 2 13 including the reasonable moving and storage fees and costs 2 14 associated with the sale or disposal of the property. Any 2 15 income derived from the sale in excess of amounts due to the 2 16 landlord shall be held by the landlord for the benefit of the 2 17 tenant for one year from the date of sale. If no 2 18 communication from the tenant is made during that time in 2 19 relation to the tenant's property, the balance of income 2 20 derived from the sale shall be the property of the landlord, 2 21 including any interest earned. 2 22 c. The landlord shall make reasonable efforts to rentit2 23 the dwelling unit at a fair rental. If the landlord rents the 2 24 dwelling unit for a term beginning prior to the expiration of 2 25 the rental agreement, it is deemed to be terminated as of the 2 26 date the new tenancy begins. The rental agreement is deemed 2 27 to be terminated by the landlord as of the date the landlord 2 28 has notice of the abandonment, if the landlord fails to use 2 29 reasonable efforts to rent the dwelling unit at a fair rental 2 30 or if the landlord accepts the abandonment as a surrender. If 2 31 the tenancy is from month-to-month, or week-to-week, the term 2 32 of the rental agreement for this purpose shall be deemed to be 2 33 a month or a week, as the case may be. 2 34 Sec. 2. Section 562A.31, Code 1999, is amended to read as 2 35 follows: 3 1 562A.31 LANDLORD LIENS – DISTRESS FOR RENT. 3 2 1. A lien on behalf of the landlord on the tenant's 3 3 household goods is not enforceableunless perfected before3 4January 1, 1979. Chapter 570 shall not apply to landlord- 3 5 tenant relationships covered by this chapter. 3 6 2. Distraint for rent is abolished. 3 7 Sec. 3. Section 570.1, Code 1999, is amended to read as 3 8 follows: 3 9 570.1 LIEN CREATED – PROPERTY SUBJECTED. 3 10 1. A landlord shall have a lien for the rent upon all 3 11 crops grown upon the leased premises, and upon any other 3 12 personal property of the tenant which has been used or kept 3 13 thereon during the term and which is not exempt from 3 14 execution. 3 15 2. This chapter shall not apply to landlord-tenant 3 16 relationships covered by chapter 562A. 3 17 EXPLANATION 3 18 This bill amends Code section 562A.29 relating to a 3 19 landlord's remedies when a tenant has abandoned rental 3 20 property. 3 21 The Code section currently provides an obligation of the 3 22 landlord to make reasonable efforts to rent the premises; the 3 23 amendment provides a standard for determining when the 3 24 premises are deemed abandoned, as well as a procedure for 3 25 removal, storage, notice, and sale or disposal of any personal 3 26 property abandoned by the tenant on the premises. 3 27 Related changes are made to Code sections 562A.31 and 3 28 570.1, regarding landlord's liens, to specify that the 3 29 procedure added by this bill applies to tenant's personal 3 30 property, rather than any former laws relating to landlord 3 31 liens. 3 32 LSB 5661YH 78 3 33 jj/cf/24.1
Text: HF02200 Text: HF02202 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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