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