Text: S03250                            Text: S03252
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3251

Amendment Text

PAG LIN
  1  1    Amend Senate File 359, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by striking lines 3 through 11, and
  1  4 inserting the following:
  1  5    "1.  As used in this section, "lease" or "rental
  1  6 agreement" means any lease or rental agreement
  1  7 covering premises occupied for dwelling, professional,
  1  8 business, agricultural, or similar purposes if both of
  1  9 the following conditions are met:
  1 10    a.  The lease or rental agreement was executed by
  1 11 or on behalf of a service member who, after the
  1 12 execution of the lease or rental agreement, entered
  1 13 military service.
  1 14    b.  The service member or the service member's
  1 15 dependents occupy the premises for the purposes set
  1 16 forth in this subsection.
  1 17    2.  a.  A service member may terminate a lease or
  1 18 rental agreement by providing written notice to the
  1 19 lessor or the lessor's agent at any time following the
  1 20 date of the beginning of the service member's period
  1 21 of military service.  The notice may be delivered by
  1 22 placing it in an envelope properly stamped and
  1 23 addressed to the lessor or the lessor's agent and
  1 24 depositing the notice in the United States mail.
  1 25    b.  Termination of a month-to-month lease or rental
  1 26 agreement shall not be effective until thirty days
  1 27 after the first day on which the next rental payment
  1 28 is due and payable after the date when notice is
  1 29 delivered or mailed.  As to all other leases or rental
  1 30 agreements, termination shall be effective on the last
  1 31 day of the month following the month in which notice
  1 32 is delivered or mailed.  Any unpaid rent for the
  1 33 period preceding the termination in such cases shall
  1 34 be computed on a pro rata basis and any rent paid in
  1 35 advance after termination shall be refunded by the
  1 36 lessor or the lessor's agent.
  1 37    c.  Upon application by the lessor and prior to the
  1 38 termination period provided in the notice, a court may
  1 39 modify or restrict any relief granted in this
  1 40 subsection as the interests of justice and equity
  1 41 require.
  1 42    3.  A person who knowingly seizes, holds, or
  1 43 detains the personal effects, clothing, furniture, or
  1 44 other property of any person who has lawfully
  1 45 terminated a lease or rental agreement covered under
  1 46 this section or who interferes in any manner with the
  1 47 removal of property from the premises for the purposes
  1 48 of subjecting the property to a claim for rent
  1 49 accruing subsequent to the date of termination of the
  1 50 lease or rental agreement commits a simple
  2  1 misdemeanor."
  2  2    #2.  Page 1, by inserting before line 12, the
  2  3 following:
  2  4    "Sec.    .  Section 562A.27, Code 2003, is amended
  2  5 by adding the following new subsection:
  2  6    NEW SUBSECTION.  5.  Notwithstanding any other
  2  7 provisions of this chapter, a municipal housing agency
  2  8 established pursuant to chapter 403A may issue a
  2  9 thirty-day notice of lease termination for a violation
  2 10 of a rental agreement by the tenant when the violation
  2 11 is a violation of a federal regulation governing the
  2 12 tenant's eligibility for or continued participation in
  2 13 a public housing program.  The municipal housing
  2 14 agency shall not be required to provide the tenant
  2 15 with a right or opportunity to remedy the violation or
  2 16 to give any notice that the tenant has such a right or
  2 17 opportunity when the notice cites the federal
  2 18 regulation as authority.
  2 19    Sec.    .  NEW SECTION.  648.1A  NONPROFIT
  2 20 TRANSITIONAL HOUSING EXEMPTED.
  2 21    This chapter shall not apply to occupancy in
  2 22 housing owned by a nonprofit organization whose
  2 23 purpose is to provide transitional housing for persons
  2 24 released from drug or alcohol treatment facilities or
  2 25 to provide housing for homeless persons.  Absent an
  2 26 applicable provision in a lease, contract, or other
  2 27 agreement, a person who unlawfully remains on the
  2 28 premises of such housing may be subject to criminal
  2 29 trespass penalties pursuant to section 716.8."
  2 30    #3.  Page 2, line 10, by inserting after the word
  2 31 "utilities" the following:  "and protecting the home
  2 32 from damage".
  2 33    #4.  Page 2, line 34, by inserting after the word
  2 34 "park," the following:  "the plaintiff may sell or
  2 35 dispose of the home in accordance with the provisions
  2 36 of section 555B.9 without an order for disposal, or
  2 37 chapter 555C, and may do so free and clear of all
  2 38 liens, claims, or encumbrances of third parties except
  2 39 any tax lien, at which time".
  2 40    #5.  Page 3, by striking lines 1 through 6 and
  2 41 inserting the following:
  2 42    "a.  The home, its contents, and any other property
  2 43 of the defendant remaining on the premises shall
  2 44 become the property of the plaintiff free and clear of
  2 45 all rights of the defendant to the property and of all
  2 46 liens, claims, or encumbrances of third parties, and
  2 47 any tax levied pursuant to chapter 435 may be abated
  2 48 by the board of supervisors.  The proceeds from the
  2 49 sale shall first be applied to any judgments against
  2 50 the defendant obtained by the plaintiff, any unpaid
  3  1 rent or additional costs incurred by plaintiff, and
  3  2 reasonable attorney fees.  Any remaining proceeds
  3  3 shall next be applied to any tax lien with the
  3  4 remainder to be held in accordance with section
  3  5 555B.9, subsection 3, paragraph "c"."
  3  6    #6.  Page 3, line 10, by striking the word "The"
  3  7 and inserting the following:  "The If plaintiff elects
  3  8 to retain the home pursuant to section 555B.9, the".
  3  9    #7.  Title page, line 2, by inserting after the
  3 10 word "detention" the following:  "and providing a
  3 11 penalty".
  3 12    #8.  By renumbering, relettering, or redesignating
  3 13 and correcting internal references as necessary.  
  3 14 SF 359H
  3 15 rh/es/25
     

Text: S03250                            Text: S03252
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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