Text: HF02501                           Text: HF02503
Text: HF02500 - HF02599                 Text: HF Index
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House File 2502

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 562A.27A, subsection 1, Code 2003, is
  1  2 amended to read as follows:
  1  3    1.  Notwithstanding section 562A.27 or 648.3, if a tenant
  1  4 has created or maintained a threat constituting a clear and
  1  5 present danger to the health or safety of other tenants, the
  1  6 landlord, the landlord's employee or agent, or other persons
  1  7 on or within one thousand feet of the landlord's property, the
  1  8 landlord, after the service of a single three days' written
  1  9 notice of termination and notice to quit stating the specific
  1 10 activity causing the clear and present danger, and setting
  1 11 forth the language of subsection 3 which includes certain
  1 12 exemption provisions available to the tenant, may file suit
  1 13 against the tenant for recovery of possession of the premises
  1 14 pursuant to chapter 648, except as otherwise provided in
  1 15 subsection 3.  The petition shall state the incident or
  1 16 incidents giving rise to the notice of termination and notice
  1 17 to quit.  The tenant shall be given the opportunity to contest
  1 18 the termination in the court proceedings by notice thereof at
  1 19 least three days prior to the hearing.
  1 20    Sec. 2.  Section 562B.25A, subsection 1, Code 2003, is
  1 21 amended to read as follows:
  1 22    1.  Notwithstanding section 562B.25 or 648.3, if a tenant
  1 23 has created or maintained a threat constituting a clear and
  1 24 present danger to the health or safety of other tenants, the
  1 25 landlord, the landlord's employee or agent, or other persons
  1 26 on or within one thousand feet of the landlord's property, the
  1 27 landlord, after the service of a single three days' written
  1 28 notice of termination and notice to quit stating the specific
  1 29 activity causing the clear and present danger, and setting
  1 30 forth the language of subsection 3 which includes certain
  1 31 exemption provisions available to the tenant, may file suit
  1 32 against the tenant for recovery of possession of the premises
  1 33 pursuant to chapter 648, except as otherwise provided in
  1 34 subsection 3.  The petition shall state the incident or
  1 35 incidents giving rise to the notice of termination and notice
  2  1 to quit.  The tenant shall be given the opportunity to contest
  2  2 the termination in the court proceedings by notice thereof at
  2  3 least three days prior to the hearing.  
  2  4                           EXPLANATION
  2  5    This bill relates to residential landlord-tenant law, by
  2  6 making certain changes related to family violence and domestic
  2  7 abuse.
  2  8    The bill provides that a landlord under Code chapter 562A
  2  9 (uniform residential landlord-tenant law) or 562B (mobile home
  2 10 parks residential landlord-tenant law) must provide specific
  2 11 information in a written notice of termination and notice to
  2 12 quit to a tenant relating to the tenant's activities that are
  2 13 alleged to create a clear and present danger to the health or
  2 14 safety of other tenants, the landlord, the landlord's employee
  2 15 or agent, or other persons on or within 1,000 feet of the
  2 16 landlord's property.  The bill further provides that such
  2 17 notice shall include a statement of the law in regard to
  2 18 certain exemptions in regard to the tenant's actions related
  2 19 to the activity causing the clear and present danger.  The
  2 20 exemptions include information related to whether the tenant
  2 21 has sought a protective order, restraining order, or order to
  2 22 vacate the homestead, or any other applicable provision which
  2 23 would apply to the person conducting the activities causing
  2 24 the clear and present danger, whether the tenant has reported
  2 25 the activities constituting the clear and present danger to a
  2 26 law enforcement agency, and whether the tenant has written a
  2 27 letter to the person conducting the activities creating the
  2 28 clear and present danger, telling the person not to return to
  2 29 the premises and that a return to the premises may result in a
  2 30 trespass action.  
  2 31 LSB 5735HV 80
  2 32 rh/sh/8
     

Text: HF02501                           Text: HF02503
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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