Text: HF02442 Text: HF02444 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 554.3512, subsection 2, Code 1999, is 1 2 amended to read as follows: 1 3 2. a. The surcharge authorized by this section shall not 1 4 be assessed unless the holder clearly and conspicuously posts 1 5 a notice at the usual place of payment, or in the billing 1 6 statement of the holder, stating that a surcharge will be 1 7 assessed and the amount of the surcharge. However, the 1 8 surcharge shall not be assessed against the maker if the 1 9 reason for the dishonor of the check, draft, or order is that 1 10 the maker has stopped payment pursuant to section 554.4403. 1 11 b. In the case of a landlord-tenant relationship between 1 12 the holder and the maker, the posting requirement in paragraph 1 13 "a" may be satisfied by a notice in a lease signed by the 1 14 parties. If there is no written lease signed by the parties, 1 15 the posting requirement may be satisfied by notice in a list 1 16 of written rules and regulations provided pursuant to section 1 17 562A.18 or 562B.19. 1 18 Sec. 2. NEW SECTION. 562A.27B SURCHARGE FOR DISHONORED 1 19 CHECK, DRAFT, OR ORDER. 1 20 1. If the written lease signed by the parties provides a 1 21 notice pursuant to section 554.3512 stating that a surcharge 1 22 will be assessed in the event the tenant makes a payment of 1 23 rent with a dishonored check, draft, or order, and providing 1 24 the amount of the surcharge, then the landlord may assess such 1 25 a surcharge in accordance with section 554.3512. The 1 26 surcharge amount shall be added to the total rent due from the 1 27 tenant. 1 28 2. If there is no written lease signed by the parties, the 1 29 landlord may assess a surcharge in accordance with section 1 30 554.3512 if the landlord provides notice in a list of written 1 31 rules and regulations provided pursuant to section 562A.18. 1 32 Sec. 3. NEW SECTION. 562B.25B SURCHARGE FOR DISHONORED 1 33 CHECK, DRAFT, OR ORDER. 1 34 1. If the written lease signed by the parties provides a 1 35 notice pursuant to section 554.3512 stating that a surcharge 2 1 will be assessed in the event the tenant makes a payment of 2 2 rent or other amounts owed to the landlord with a dishonored 2 3 check, draft, or order, and providing the amount of the 2 4 surcharge, then the landlord may assess such a surcharge in 2 5 accordance with section 554.3512. The surcharge amount shall 2 6 be added to the total due from the tenant. 2 7 2. If there is no written lease signed by the parties, the 2 8 landlord may assess a surcharge in accordance with section 2 9 554.3512 if the landlord provides notice in a list of written 2 10 rules and regulations provided pursuant to section 562B.19. 2 11 Sec. 4. Section 648.19, Code 1999, is amended to read as 2 12 follows: 2 13 648.19 NO JOINDER OR COUNTERCLAIM – EXCEPTION. 2 14 1. An actionof this kindunder this chapter shall not be 2 15broughtfiled in connection with any other action, with the 2 16 exception of a claim for rent or recovery as provided in 2 17 section 555B.3, 562A.24, 562A.32, 562B.22, 562B.25, or 2 18 562B.27, nor shall it be made the subject of counterclaim. 2 19 2. Whenjoinedfiled with an action for rent or recovery 2 20 as provided in section 555B.3, 562A.24, 562A.32, 562B.22, 2 21 562B.25, or 562B.27, notice of hearing as provided in section 2 22 648.5 is sufficient. 2 23 3. An action under this chapter that is brought in 2 24 connection with another action in accordance with this section 2 25 shall be treated only as a joint filing of separate cases, 2 26 assigned separate case numbers, but with a single filing fee. 2 27 The court shall not merge the causes of action. The court 2 28 shall consider the jointly filed cases separately and shall 2 29 consider each case according to the rules applicable to that 2 30 type of case. 2 31 Sec. 5. NEW SECTION. 648.22B CASES WHERE THE MOBILE OR 2 32 MANUFACTURED HOME IS THE SUBJECT OF A FORECLOSURE ACTION. 2 33 1. When a mobile or manufactured home located in a land- 2 34 leased community is the subject of an action by a lienholder 2 35 to foreclose a lienhold interest, the plaintiff may advance 3 1 all moneys due and owing to the landlord and enter into an 3 2 agreement with the court to pay to the landlord before 3 3 delinquency all rent, upkeep, and other charges thereafter 3 4 accruing on the home and space that it occupies, in which case 3 5 any writ of execution on a judgment under this chapter will be 3 6 stayed until the home is sold in place as provided by law or 3 7 removed from the land-leased community at the plaintiff's 3 8 expense. 3 9 2. When the conditions of subsection 1 have been 3 10 satisfied, the clerk of court shall so notify the sheriff of 3 11 the county in which the mobile or manufactured home is 3 12 located. 3 13 3. The landlord shall have standing to intervene in the 3 14 foreclosure proceedings or to file a separate action to compel 3 15 compliance with the lienholder's agreement pursuant to 3 16 subsection 1 and shall be entitled to recover costs and 3 17 attorney fees incurred. 3 18 4. All expenditures made by a lienholder pursuant to this 3 19 section shall be recoverable from the lien debtor in the 3 20 foreclosure proceedings as protective disbursements whether or 3 21 not provision is made for such recovery in the documentation 3 22 of the subject lien. 3 23 EXPLANATION 3 24 This bill makes several changes relating to landlord-tenant 3 25 law. 3 26 The bill allows a landlord under Code chapters 562A 3 27 (uniform residential landlord-tenant law) and 562B (mobile 3 28 home parks residential landlord-tenant law) to charge a tenant 3 29 a fee when the tenant makes payments with a check that is 3 30 returned for insufficient funds, provided that the landlord 3 31 has complied with specific notice provisions. The bill makes 3 32 a related change to the uniform commercial code, Code section 3 33 554.3512, to address the type of notice the landlord must give 3 34 in order to charge such a fee. 3 35 The bill also adds two provisions to Code chapter 648 4 1 regarding forcible entry and detainers. Code section 648.19 4 2 is amended to specify that certain actions which are jointly 4 3 filed must be treated separately by the court. Code section 4 4 648.22B is created to address the location of a mobile or 4 5 manufactured home pending resolution of a foreclosure action 4 6 on the home. 4 7 LSB 5972HV 78 4 8 jj/cls/14.1
Text: HF02442 Text: HF02444 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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