Text: HF02508 Text: HF02510 Text: HF02500 - HF02599 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 signed, written statement 1 8 by the tenant indicating an intent to abandon the dwelling 1 9 unit. 1 10 (2) The landlord may rely upon an inference of intent by 1 11 the tenant to abandon the dwelling unit if the tenant is 1 12 continuously absent from the dwelling unit without payment of 1 13 rent for a full rental period, or fifteen days, whichever is 1 14 less. 1 15 (3) The landlord may rely upon a court order holding that 1 16 the dwelling unit has been abandoned upon substantial proof to 1 17 the court that the dwelling unit has been abandoned. 1 18 b. Notwithstanding section 562A.31, the landlord may enter 1 19 and take possession of any property of the tenant found in the 1 20 dwelling unit and may store the property in a secure place, as 1 21 follows: 1 22 (1) For property with a total value of less than two 1 23 hundred dollars: 1 24 (a) The landlord shall provide a notice to the tenant of 1 25 the name and address of the landlord, the place where the 1 26 property is stored, that a sale or disposal of the property 1 27 shall take place according to this subsection, the day set for 1 28 the sale or disposal of the property, and any action the 1 29 tenant must take to retrieve the property prior to its sale or 1 30 disposal. 1 31 (b) The landlord shall provide the notice by doing all of 1 32 the following: 1 33 (i) Prominently posting the notice for five days at the 1 34 abandoned dwelling. 1 35 (ii) Sending the notice by certified mail to the tenant's 2 1 last known address, to any other address provided in writing 2 2 by the tenant, and to any other address actually known to the 2 3 landlord where the tenant is likely to receive the notice, not 2 4 less than fourteen days after the earlier of the posting of 2 5 the notice or the sending of the certified mail. 2 6 (c) The landlord may sell or dispose of the property after 2 7 fourteen days from the date notice was mailed to the tenant. 2 8 (2) For property with a total value of two hundred dollars 2 9 or more: 2 10 (a) The landlord shall provide a notice to the tenant of 2 11 the name and address of the landlord, the place where the 2 12 property is stored, that a sale or disposal of the property 2 13 shall take place according to this subsection, and the date of 2 14 the sale or disposal, and any action that the tenant must take 2 15 to retrieve the property prior to its sale or disposal. 2 16 (b) The landlord shall provide the notice by doing all of 2 17 the following: 2 18 (i) Prominently posting the notice for five days at the 2 19 abandoned dwelling. 2 20 (ii) Sending the notice by certified mail to the tenant's 2 21 last known address, to any other address provided in writing 2 22 by the tenant, and to any other address actually known to the 2 23 landlord where the tenant is likely to receive the notice, at 2 24 least thirty days prior to the day set for sale or disposal of 2 25 the property. 2 26 (iii) Publish a notice once in a newspaper of general 2 27 circulation in the county at least thirty days prior to the 2 28 day set for sale or disposal of the property. 2 29 (c) The landlord may sell or dispose of the property after 2 30 thirty days from the later of the publishing or mailing of the 2 31 notice. 2 32 (3) The landlord shall return the property to the tenant 2 33 after the tenant has paid the reasonable moving and storage 2 34 fees and costs associated with the property, if the tenant 2 35 makes a written request for the return of the property before 3 1 the landlord has sold or disposed of the property. 3 2 (4) The landlord may apply any income derived from the 3 3 sale of the property to amounts due to the landlord, including 3 4 the reasonable moving and storage fees and costs associated 3 5 with the sale or disposal of the property. Any income derived 3 6 from the sale in excess of amounts due to the landlord shall 3 7 be held by the landlord for the benefit of the tenant for one 3 8 year from the date of sale. If no communication from the 3 9 tenant is made during that time in relation to the tenant's 3 10 property, the balance of income derived from the sale shall be 3 11 the property of the landlord, including any interest earned. 3 12 c. The landlord shall make reasonable efforts to rentit3 13 the dwelling unit at a fair rental. If the landlord rents the 3 14 dwelling unit for a term beginning prior to the expiration of 3 15 the rental agreement, it is deemed to be terminated as of the 3 16 date the new tenancy begins. The rental agreement is deemed 3 17 to be terminated by the landlord as of the date the landlord 3 18 has notice of the abandonment, if the landlord fails to use 3 19 reasonable efforts to rent the dwelling unit at a fair rental 3 20 or if the landlord accepts the abandonment as a surrender. If 3 21 the tenancy is from month-to-month, or week-to-week, the term 3 22 of the rental agreement for this purpose shall be deemed to be 3 23 a month or a week, as the case may be. 3 24 Sec. 2. Section 562A.31, Code 1999, is amended to read as 3 25 follows: 3 26 562A.31 LANDLORD LIENS – DISTRESS FOR RENT. 3 27 1. A lien on behalf of the landlord on the tenant's 3 28 household goods is not enforceableunless perfected before3 29January 1, 1979. Chapter 570 shall not apply to landlord- 3 30 tenant relationships covered by this chapter. 3 31 2. Distraint for rent is abolished. 3 32 Sec. 3. Section 570.1, Code 1999, is amended to read as 3 33 follows: 3 34 570.1 LIEN CREATED – PROPERTY SUBJECTED. 3 35 1. A landlord shall have a lien for the rent upon all 4 1 crops grown upon the leased premises, and upon any other 4 2 personal property of the tenant which has been used or kept 4 3 thereon during the term and which is not exempt from 4 4 execution. 4 5 2. This chapter shall not apply to landlord-tenant 4 6 relationships covered by chapter 562A. 4 7 EXPLANATION 4 8 This bill amends Code section 562A.29 relating to a 4 9 landlord's remedies when a tenant has abandoned rental 4 10 property. 4 11 The Code section currently provides an obligation of the 4 12 landlord to make reasonable efforts to rent the premises; the 4 13 bill adds a standard for determining when the premises are 4 14 deemed abandoned, as well as a procedure for removal, storage, 4 15 notice, and sale or disposal of any personal property 4 16 abandoned by the tenant on the premises, according to the 4 17 value of the property. 4 18 Related changes are made to Code sections 562A.31 and 4 19 570.1, regarding landlord's liens, to specify that the 4 20 procedure added by this bill applies to tenant's personal 4 21 property, rather than any former laws relating to landlord 4 22 liens. 4 23 LSB 5661HV 78 4 24 jj/cf/24
Text: HF02508 Text: HF02510 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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