Text: SF00336 Text: SF00338 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 337 1 2 1 3 AN ACT 1 4 RELATING TO LANDLORDS' AND TENANTS' RELATIONS, BY PROVIDING 1 5 NOTICE REQUIREMENTS, ESTABLISHING A TENANT'S DUTY TO PROPERLY 1 6 MAINTAIN UTILITY FACILITIES, ISSUING NEW TITLES FOR VALUELESS 1 7 HOMES TO THIRD PARTIES, AND PROVIDING FOR OTHER PROPERLY 1 8 RELATED MATTERS AND AN EFFECTIVE DATE. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 555B.1, subsection 2, Code 1999, is 1 13 amended to read as follows: 1 14 2. "Claimant" includes but is not limited to any 1 15 government subdivision with authority to levy a tax on 1 16 abandoned personal property. "Claimant" also includes a 1 17 holder of a lien as defined in section 555B.2. 1 18 Sec. 2. Section 555C.2, Code 1999, is amended to read as 1 19 follows: 1 20 555C.2 REMOVAL OR TRANSFER OF TITLE OF VALUELESS HOME – 1 21 PRESUMPTION OF VALUE. 1 22 1. An owner of a mobile home park may remove, or cause to 1 23 be removed, from the mobile home park a valueless home and 1 24 personal property associated with the home at any time 1 25 following a determination of abandonment by the mobile home 1 26 park owner in accordance with section 562B.27, subsection 1, 1 27 and an order of removal pursuant to chapter 648 without 1 28 further notice to the owner or occupant of the valueless home. 1 29 Within ten days of the removal or transfer of title, the 1 30 mobile home park owner shall give written notice to the county 1 31 treasurer for the county in which the mobile home park is 1 32 located by affidavit which shall include a description of the 1 33 valueless home, its owner or occupant, if known, the date of 1 34 removal or transfer of title, and if applicable, the name and 1 35 address of any third party to whom a new title shall be 2 1 issued. 2 2 2. A valueless home and any personal property associated 2 3 with the valueless home shall be conclusively deemed in value 2 4 to be equal to or less than the reasonable cost of disposal 2 5 plus all sums owing to the mobile home park owner pertaining 2 6 to the valueless home, if the mobile home park owner or an 2 7 agent of the owner removes the home and personal property to a 2 8 demolisher, sanitary landfill, or other lawful disposal site 2 9 or if the mobile home park owner allows a disinterested third 2 10 party to remove the valueless home and personal property or to 2 11 leave the home in the mobile home park in a transaction in 2 12 which the mobile home park owner receives no consideration. 2 13 Sec. 3. Section 555C.3, Code 1999, is amended to read as 2 14 follows: 2 15 555C.3 NEW TITLE – THIRD PARTY. 2 16 If a new title to a valueless home is to be issued to a 2 17 third partywho is removing a valueless home, the county 2 18 treasurer shall issue, upon receipt of the affidavit required 2 19 in section 555C.2, a new title upon payment of a fee equal to 2 20 the fee specified in section 321.42 for replacement 2 21 certificates of title for vehicles. Any tax lien levied 2 22 pursuant to chapter 435 is canceled and the ownership interest 2 23 of the previous owner or occupant of the valueless home is 2 24 terminated as of the date of issuance of the new title. The 2 25 new title owner shall take the title free of all rights and 2 26 interests even though the mobile home park owner fails to 2 27 comply with the requirements of this chapter or any judicial 2 28 proceedings, if the new title owner acts in good faith. 2 29 Sec. 4. Section 555C.5, Code 1999, is amended to read as 2 30 follows: 2 31 555C.5 LIABILITY LIMITED. 2 32 A person who removes or allows the removal of a valueless 2 33 home or transfers title or allows the transfer of title of a 2 34 valueless home as provided in this chapter is not liable to 2 35 the previous owner of the valueless home due to the removal or 3 1 transfer of title of the valueless home. 3 2 Sec. 5. Section 562A.8, Code 1999, is amended to read as 3 3 follows: 3 4 562A.8 NOTICE. 3 5 A person "notifies" or "gives" a notice or notification to 3 6 another by taking steps reasonably calculated to inform the 3 7 other in ordinary course whether or not the other actually 3 8 comes to know of it.A person "receives" a notice or3 9notification when it comes to that person's attention or inIn 3 10 the case of the landlord, notice is received when it comes to 3 11 the landlord's attention or when it is delivered in hand or 3 12 mailed by certified mail or restricted certified mail, as 3 13 defined in section 618.15, whether or not the landlord signs a 3 14 receipt for the notice, to the place of business of the 3 15 landlord through which the rental agreement was made or at a 3 16 place held out by the landlord as the place for receipt of the 3 17 communication or delivered to any individual who is designated 3 18 as an agent of the landlordor, when in. In the case of the 3 19 tenant, notice is received when it comes to the tenant's 3 20 attention or when it is delivered in hand to the tenant or 3 21 mailed by certified mail or restricted certified mail, as 3 22 defined in section 618.15, whether or not the tenant signs a 3 23 receipt for the notice, to such person at the place held out 3 24 by such person as the place for receipt of the communication, 3 25 or in the absence of such designation, to such person's last 3 26 known place of residence. 3 27 Any notice required under this chapter, except a written 3 28 notice of termination required by section 562A.27, subsection 3 29 1 or 2, a notice of termination and notice to quit under 3 30 section 562A.27A, a notice to quit as required by section 3 31 648.3, or a petition for forcible entry and detainer pursuant 3 32 to chapter 648, shall be deemed legally sufficient notice if 3 33 made by posting at or delivering to the dwelling unit. The 3 34 date of posting of the notice shall be written on the notice. 3 35 Sec. 6. NEW SECTION. 562A.8A COMPUTATION OF TIME. 4 1 The calculation of all time periods required under this 4 2 chapter shall be made in accordance with section 4.1, 4 3 subsection 34. 4 4 Sec. 7. Section 562A.29A, subsection 2, Code 1999, is 4 5 amended to read as follows: 4 6 2. By sending notice by certified or restricted certified 4 7 mail, as defined in section 618.15, whether or not the tenant 4 8 signs a receipt for the notice. 4 9 Sec. 8. Section 562B.9, Code 1999, is amended to read as 4 10 follows: 4 11 562B.9 NOTICE. 4 12 A person "notifies" or "gives" a notice or notification to 4 13 another by taking steps reasonably calculated to inform the 4 14 other in ordinary course whether or not the other actually 4 15 comes to know of it.A person "receives" a notice or4 16notification when it comes to that person's attention, or in4 17 In the case of the landlord, notice is received when it comes 4 18 to the landlord's attention or when it is delivered in hand or 4 19 mailed by certified mail or restricted certified mail, as 4 20 defined in section 618.15, whether or not the landlord signs a 4 21 receipt for the notice, to the place of business of the 4 22 landlord through which the rental agreement was made or at any 4 23 place held out by the landlord as the place for receipt of the 4 24 communication or delivered to any individual who is designated 4 25 as an agent by section 562B.14or, in. In the case of the 4 26 tenant, notice is received when it comes to the tenant's 4 27 attention or when it is delivered in hand to the tenant or 4 28 mailed by certified mail or restricted certified mail, as 4 29 defined in section 618.15, whether or not the tenant signs a 4 30 receipt for the notice, to the tenant at the place held out by 4 31 the tenant as the place for receipt of the communication or, 4 32 in the absence of such designation, to the tenant's last known 4 33 place of residence other than the landlord's mobile home or 4 34 space. 4 35 Any notice required under this chapter given to all tenants 5 1 of a mobile home park, except a written notice of termination 5 2 required by section 562B.25, subsection 1 or 2, a notice of 5 3 termination and notice to quit under section 562B.25A, a 5 4 notice to quit as required by section 648.3, or a petition for 5 5 forcible entry and detainer pursuant to chapter 648, shall be 5 6 deemed legally sufficient notice if made by posting at or 5 7 delivering to each mobile home space. The date of posting of 5 8 the notice shall be written on the notice. 5 9 Sec. 9. NEW SECTION. 562B.9A COMPUTATION OF TIME. 5 10 The calculation of all time periods required under this 5 11 chapter shall be made in accordance with section 4.1, 5 12 subsection 34. 5 13 Sec. 10. Section 562B.18, Code 1999, is amended by adding 5 14 the following new subsection: 5 15 NEW SUBSECTION. 6. Maintain in good and safe working 5 16 order all utility lines, pipes, and cables extending from the 5 17 mobile home to outlets provided by the landlord for electric, 5 18 water, sewer, and other services. This subsection shall not 5 19 apply to a tenant who does not own the mobile home. 5 20 Sec. 11. Section 562B.27, subsection 2, paragraph a, Code 5 21 1999, is amended to read as follows: 5 22 a. If a tenant abandons a mobile home on a mobile home 5 23 space, the landlord shall notify the mobile home owner or 5 24 other claimant of the mobile home and communicate to that 5 25 person that the person is liable for any costs incurred for 5 26 the mobile home space, including rent and utilities due and 5 27 owing. A claimant includes a holder of a lien as defined in 5 28 section 555B.2. However, the person is only liable for costs 5 29 incurred ninety days before the landlord's communication. 5 30 After the landlord's communication, costs for which liability 5 31 is incurred shall then become the responsibility of the mobile 5 32 home owner or other claimant of the mobile home. The mobile 5 33 home shall not be removed from the mobile home space without a 5 34 signed written agreement from the landlord showing clearance 5 35 for removal, and that all debts are paid in full, or an 6 1 agreement reached with the mobile home owner or other claimant 6 2 and the landlord. 6 3 Sec. 12. Section 562B.27A, subsection 2, Code 1999, is 6 4 amended to read as follows: 6 5 2. By sending notice by certified or restricted certified 6 6 mail, as defined in section 618.15, whether or not the tenant 6 7 signs a receipt for the notice. 6 8 Sec. 13. Section 631.4, subsection 2, Code 1999, is 6 9 amended by adding the following new paragraph: 6 10 NEW PARAGRAPH. d. If personal service cannot be made upon 6 11 each defendant in an action for forcible entry or detention of 6 12 real property joined with an action for rent or recovery 6 13 pursuant to section 648.19, service may be made pursuant to 6 14 paragraph "c". 6 15 Sec. 14. EFFECTIVE DATE. This Act, being deemed of 6 16 immediate importance, takes effect upon enactment. 6 17 6 18 6 19 6 20 MARY E. KRAMER 6 21 President of the Senate 6 22 6 23 6 24 6 25 BRENT SIEGRIST 6 26 Speaker of the House 6 27 6 28 I hereby certify that this bill originated in the Senate and 6 29 is known as Senate File 337, Seventy-eighth General Assembly. 6 30 6 31 6 32 6 33 MICHAEL E. MARSHALL 6 34 Secretary of the Senate 6 35 Approved , 1999 7 1 7 2 7 3 7 4 THOMAS J. VILSACK 7 5 Governor
Text: SF00336 Text: SF00338 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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