Text: HSB00261                          Text: HSB00263
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 262

Bill Text

PAG LIN
  1  1    Section 1.  Section 562A.28, Code 2003, is amended by
  1  2 adding the following new paragraph:
  1  3    NEW PARAGRAPH.  Any person who deliberately destroys,
  1  4 defaces, damages, impairs, or removes part of the premises may
  1  5 be charged with criminal mischief under chapter 716.
  1  6    Sec. 2.  Section 562B.26, Code 2003, is amended by adding
  1  7 the following new paragraph:
  1  8    NEW PARAGRAPH.  Any person who deliberately destroys,
  1  9 defaces, damages, impairs, or removes part of the premises may
  1 10 be charged with criminal mischief under chapter 716.
  1 11    Sec. 3.  Section 648.6, Code 2003, is amended to read as
  1 12 follows:
  1 13    648.6  DELAYED VACATION – NOTICE TO LIENHOLDERS.
  1 14    In cases covered by chapter 562B, a plaintiff may preserve
  1 15 the option of consenting to delayed vacation of a premises as
  1 16 provided in section 648.22A, by sending shall send a copy of
  1 17 the petition, prior to the date set for hearing, by regular,
  1 18 certified, or restricted certified mail to the county
  1 19 treasurer and to each lienholder whose name and address are of
  1 20 record in the office of the county treasurer of the county
  1 21 where the mobile home or manufactured home is located.
  1 22    Sec. 4.  Section 648.22A, Code 2003, is amended to read as
  1 23 follows:
  1 24    648.22A  EXECUTIONS INVOLVING MOBILE HOMES AND MANUFACTURED
  1 25 HOMES.
  1 26    1.  In cases covered by chapter 562B, upon prior to the
  1 27 expiration of three days from the date the judgment is entered
  1 28 pursuant to section 648.22, the plaintiff or defendant may
  1 29 elect to leave a mobile home or manufactured home and its
  1 30 contents in the manufactured home community or mobile home
  1 31 park for up to thirty ninety days after the date of the
  1 32 judgment provided all of the following occur:
  1 33    a.  The plaintiff consents and the plaintiff has complied
  1 34 with the provisions of section 648.6.
  1 35    b.  The party making the election files a written notice of
  2  1 such election with the court and sends a copy of the notice of
  2  2 election with a copy of the judgment to the sheriff, the other
  2  3 party at the other party's last known address, each record
  2  4 lienholder, and the county treasurer in the same manner as in
  2  5 section 648.6.
  2  6    b. c.  All utilities to the mobile home or manufactured
  2  7 home are disconnected prior to expiration of three days from
  2  8 the entry of judgment filing of the election.  Payment of any
  2  9 reasonable costs incurred in disconnecting utilities is the
  2 10 responsibility of the defendant.
  2 11    2.  During the thirty-day ninety-day period the defendant
  2 12 may have reasonable access to the home site to show the home
  2 13 to prospective purchasers, prepare the home for removal,
  2 14 remove any personal property, or remove the home, provided
  2 15 that the defendant gives the plaintiff and sheriff at least
  2 16 twenty-four hours' notice prior to each exercise of the
  2 17 defendant's right of access.  The plaintiff may also have
  2 18 reasonable access to the home site to disconnect utilities and
  2 19 to show the home to prospective purchasers.
  2 20    3.  During the thirty-day ninety-day period the defendant
  2 21 shall not occupy the home or be present on the premises
  2 22 between the hours of seven p.m. and seven a.m.  A violation of
  2 23 this subsection shall be punishable as contempt.
  2 24    4.  If the plaintiff or defendant finds a purchaser of the
  2 25 home, who is a prospective tenant of the manufactured home
  2 26 community or mobile home park, the provisions of section
  2 27 562B.19, subsection 3, paragraph "c", shall apply.
  2 28    5.  If, within the thirty-day ninety-day period, the home
  2 29 is not sold to an approved purchaser or removed from the
  2 30 manufactured home community or mobile home park, all of the
  2 31 following shall occur:
  2 32    a.  The home, its contents, and any other property of the
  2 33 defendant remaining on the premises shall become the property
  2 34 of the plaintiff free and clear of all rights of the defendant
  2 35 to the property and of all liens, claims, or encumbrances of
  3  1 third parties, and any tax levied pursuant to chapter 435 may
  3  2 be abated by the board of supervisors.
  3  3    b.  Any money judgment against the defendant and in favor
  3  4 of the plaintiff relating to the previous tenancy shall be
  3  5 deemed satisfied, except those arising from independent torts.
  3  6    c.  The county treasurer, upon receipt of a fee equal to
  3  7 the fee specified in section 321.42 for replacement of
  3  8 certificates of title for motor vehicles, and upon receipt of
  3  9 an affidavit submitted by the plaintiff verifying that the
  3 10 home was not sold to an approved purchaser or removed within
  3 11 the time specified in this subsection, shall issue to the
  3 12 plaintiff a new title for the home.
  3 13    6.  A purchaser of the home shall be liable for any unpaid
  3 14 sums due the plaintiff, sheriff, or county treasurer.  For the
  3 15 purposes of this section, "purchaser" includes a lienholder or
  3 16 other claimant acquiring title to the home in whole or in part
  3 17 by reason of a lien or other claim.
  3 18    7.  A mobile home or manufactured home shall not be removed
  3 19 without the prior payment to the plaintiff of all sums owing
  3 20 at the time of entry of judgment, interest accrued on such
  3 21 sums as provided by law, and per diem rent for that portion of
  3 22 the thirty-day ninety-day period which has expired prior to
  3 23 removal, and payment of any taxes due on the home which are
  3 24 not abated pursuant to subsection 5.
  3 25    8.  In any case where this section has become operative,
  3 26 section 648.18 does not apply.
  3 27    9.  This section does not preclude the exercise of a
  3 28 lienholder's rights under 648.22B.  
  3 29                           EXPLANATION
  3 30    This bill provides for either party after judgment in an
  3 31 action for forcible entry or detention to elect to delay the
  3 32 removal of a manufactured or mobile home for 90 days if the
  3 33 landlord agrees to the delay, all utilities are disconnected,
  3 34 and a notice of the election is filed with the court and a
  3 35 copy sent to all parties, lienholders, the county sheriff, and
  4  1 the county treasurer.  During the delay, the tenant may sell
  4  2 or move the manufactured or mobile home, and the landlord may
  4  3 have reasonable access to the home to assist showing the home
  4  4 to potential buyers and to disconnect utilities.  Thirty days'
  4  5 peaceable possession would not apply and the exercise rights
  4  6 of lienholders under Code section 648.22B are not precluded.
  4  7    The bill clarifies that the deliberate destruction of
  4  8 rental properties may result in a charge of criminal mischief.
  4  9    The bill requires a landlord who brings an action for
  4 10 forcible entry or detention to send a copy of the petition of
  4 11 the action to the county treasurer and any record lienholders
  4 12 of the manufactured or mobile home prior to the hearing date.
  4 13 This notice to lienholders and the county treasurer must be
  4 14 completed in order for either party to elect to delay the
  4 15 removal.
  4 16    The bill provides that the release from judgments relating
  4 17 to the tenancy against a tenant would not include those
  4 18 judgments arising out of tort.  
  4 19 LSB 2383HC 80
  4 20 kk/sh/8
     

Text: HSB00261                          Text: HSB00263
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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