Text: SSB03107 Text: SSB03109 Text: SSB03100 - SSB03199 Text: SSB 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 clear and conspicuous notice in a 1 14 lease signed by the parties. If there is no written lease 1 15 signed by the parties, the posting requirement may be 1 16 satisfied by clear and conspicuous notice in a list of written 1 17 rules and regulations provided pursuant to section 562A.18 or 1 18 562B.19. 1 19 Sec. 2. NEW SECTION. 562A.27B SURCHARGE FOR DISHONORED 1 20 CHECK, DRAFT, OR ORDER. 1 21 1. If the written lease signed by the parties provides a 1 22 clear and conspicuous notice pursuant to section 554.3512 1 23 stating that a surcharge will be assessed in the event the 1 24 tenant makes a payment of rent with a dishonored check, draft, 1 25 or order, and providing the amount of the surcharge, then the 1 26 landlord may assess such a surcharge in accordance with 1 27 section 554.3512. The surcharge amount shall be added to the 1 28 total rent due from the tenant. 1 29 2. If there is no written lease signed by the parties, the 1 30 landlord may assess a surcharge in accordance with section 1 31 554.3512 if the landlord provides clear and conspicuous notice 1 32 in a list of written rules and regulations provided pursuant 1 33 to section 562A.18. 1 34 Sec. 3. NEW SECTION. 562B.25B SURCHARGE FOR DISHONORED 1 35 CHECK, DRAFT, OR ORDER. 2 1 1. If the written lease signed by the parties provides a 2 2 clear and conspicuous notice pursuant to section 554.3512 2 3 stating that a surcharge will be assessed in the event the 2 4 tenant makes a payment of rent with a dishonored check, draft, 2 5 or order, and providing the amount of the surcharge, then the 2 6 landlord may assess such a surcharge in accordance with 2 7 section 554.3512. The surcharge amount shall be added to the 2 8 total rent due from the tenant. 2 9 2. If there is no written lease signed by the parties, the 2 10 landlord may assess a surcharge in accordance with section 2 11 554.3512 if the landlord provides clear and conspicuous notice 2 12 in a list of written rules and regulations provided pursuant 2 13 to section 562B.19. 2 14 Sec. 4. Section 648.19, Code 1999, is amended to read as 2 15 follows: 2 16 648.19 NO JOINDER OR COUNTERCLAIM – EXCEPTION. 2 17 1. An actionof this kindunder this chapter shall not be 2 18broughtfiled in connection with any other action, with the 2 19 exception of a claim for rent or recovery as provided in 2 20 section 555B.3, 562A.24, 562A.32, 562B.22, 562B.25, or 2 21 562B.27, nor shall it be made the subject of counterclaim. 2 22 2. Whenjoinedfiled with an action for rent or recovery 2 23 as provided in section 555B.3, 562A.24, 562A.32, 562B.22, 2 24 562B.25, or 562B.27, notice of hearing as provided in section 2 25 648.5 is sufficient. 2 26 3. An action under this chapter that is brought in 2 27 connection with another action in accordance with this section 2 28 shall be treated only as a joint filing of separate cases 2 29 assigned separate case numbers, but with a single filing fee. 2 30 The court shall not merge the causes of action. The court 2 31 shall consider the jointly filed cases separately and shall 2 32 consider each case according to the rules applicable to that 2 33 type of case. 2 34 Sec. 5. NEW SECTION. 648.22B CASES WHERE THE MOBILE OR 2 35 MANUFACTURED HOME IS THE SUBJECT OF A FORECLOSURE ACTION. 3 1 Notwithstanding section 648.22A, when a mobile or 3 2 manufactured home is the subject of an action under this 3 3 chapter, and is also the subject of a foreclosure action by 3 4 the lienholder of the mobile or manufactured home: 3 5 1. If the plaintiff in the action under this chapter and 3 6 the lienholder enter into an agreement providing for payment 3 7 of rent and other charges related to the mobile or 3 8 manufactured home, and for the location of the home pending 3 9 resolution of the foreclosure action, the parties shall file a 3 10 copy of the agreement with the court. 3 11 a. The court shall have jurisdiction to enforce the terms 3 12 of the agreement. The prevailing party shall be entitled to 3 13 recover costs and attorney fees. 3 14 b. Expenditures made by a lienholder pursuant to such an 3 15 agreement shall be recoverable against the lien debtor in the 3 16 foreclosure proceedings as protective disbursements, whether 3 17 or not the lien documents provide for such recovery. 3 18 2. The court shall not order that the mobile or 3 19 manufactured home be removed from the premises within a 3 20 certain time after entry of judgment unless the plaintiff in 3 21 the action under this chapter, or the lienholder of the mobile 3 22 or manufactured home, requests such an order, or the agreement 3 23 between the parties provides for such an order. 3 24 3. The court may order, upon the request of the plaintiff 3 25 in the action under this chapter and the lienholder of the 3 26 mobile or manufactured home, that the mobile or manufactured 3 27 home remain on the premises for a certain time, as agreed by 3 28 the parties. 3 29 EXPLANATION 3 30 This bill makes several changes relating to landlord-tenant 3 31 law. 3 32 The bill allows a landlord under Code chapters 562A 3 33 (uniform residential landlord-tenant law) and 562B (mobile 3 34 home parks residential landlord-tenant law) to charge a tenant 3 35 a fee when the tenant pays the rent with a check that is 4 1 returned for insufficient funds, provided that the landlord 4 2 has complied with specific notice provisions. The bill makes 4 3 a related change to the uniform commercial code, Code section 4 4 554.3512, to address the type of notice the landlord must give 4 5 in order to charge such a fee. 4 6 The bill also adds two provisions to Code chapter 648 4 7 regarding forcible entry and detainers. Code section 648.19 4 8 is amended to specify that certain actions which are jointly 4 9 filed must be treated separately by the court. Code section 4 10 648.22B is created to address the location of a mobile or 4 11 manufactured home pending resolution of a foreclosure action 4 12 on the home. 4 13 LSB 5972SC 78 4 14 jj/cls/14
Text: SSB03107 Text: SSB03109 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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