Text: SF02213 Text: SF02215 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2214 1 2 1 3 AN ACT 1 4 RELATING TO RESIDENTIAL LANDLORD-TENANT LAW, BY MAKING CERTAIN 1 5 CHANGES RELATED TO FORCIBLE ENTRY AND DETAINER ACTIONS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 648.19, Code 1999, is amended to read 1 10 as follows: 1 11 648.19 NO JOINDER OR COUNTERCLAIM – EXCEPTION. 1 12 1. An actionof this kindunder this chapter shall not be 1 13broughtfiled in connection with any other action, with the 1 14 exception of a claim for rent or recovery as provided in 1 15 section 555B.3, 562A.24, 562A.32, 562B.22, 562B.25, or 1 16 562B.27, nor shall it be made the subject of counterclaim. 1 17 2. Whenjoinedfiled with an action for rent or recovery 1 18 as provided in section 555B.3, 562A.24, 562A.32, 562B.22, 1 19 562B.25, or 562B.27, notice of hearing as provided in section 1 20 648.5 is sufficient. 1 21 3. An action under this chapter that is filed in 1 22 connection with another action in accordance with this section 1 23 shall be treated only as a joint filing of separate cases 1 24 assigned separate case numbers, but with a single filing fee. 1 25 The court shall not merge the causes of action. The court 1 26 shall consider the jointly filed cases separately and shall 1 27 consider each case according to the rules applicable to that 1 28 type of case. 1 29 Sec. 2. NEW SECTION. 648.22B CASES WHERE MOBILE OR 1 30 MANUFACTURED HOME IS THE SUBJECT OF A FORECLOSURE ACTION. 1 31 1. When a mobile or manufactured home located in a mobile 1 32 home park is the subject of an action by a lienholder to 1 33 foreclose a lienhold interest, the plaintiff may advance all 1 34 moneys due and owing to the landlord and enter into an 1 35 agreement with the court to pay to the landlord before 2 1 delinquency all rent, reasonable upkeep, and other reasonable 2 2 charges thereafter accruing on the home and space that it 2 3 occupies, in which case any writ of execution on a judgment 2 4 under this chapter will be stayed until the home is sold in 2 5 place as provided by law or removed from the mobile home park 2 6 at the plaintiff's expense. 2 7 2. When the conditions of subsection 1 have been 2 8 satisfied, the clerk of court shall so notify the sheriff of 2 9 the county in which the mobile or manufactured home is 2 10 located. 2 11 3. The landlord shall have standing to intervene in the 2 12 foreclosure proceedings or to file a separate action to compel 2 13 compliance with the lienholder's undertaking pursuant to 2 14 subsection 1 and shall be entitled to recover costs and 2 15 attorney fees incurred. 2 16 4. All expenditures made by a lienholder pursuant to 2 17 subsection 1 shall be recoverable from the lien debtor in the 2 18 foreclosure proceedings as protective disbursements whether or 2 19 not provision is made for such recovery in the documentation 2 20 of the subject lien. 2 21 5. In any case where this section has become operative, 2 22 the provisions of section 648.18 shall not apply. 2 23 2 24 2 25 2 26 MARY E. KRAMER 2 27 President of the Senate 2 28 2 29 2 30 2 31 BRENT SIEGRIST 2 32 Speaker of the House 2 33 2 34 I hereby certify that this bill originated in the Senate and 2 35 is known as Senate File 2214, Seventy-eighth General Assembly. 3 1 3 2 3 3 3 4 MICHAEL E. MARSHALL 3 5 Secretary of the Senate 3 6 Approved , 2000 3 7 3 8 3 9 3 10 THOMAS J. VILSACK 3 11 Governor
Text: SF02213 Text: SF02215 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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