Text: SF02112 Text: SF02114 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 648.22, Code 2003, is amended to read 1 2 as follows: 1 3 648.22 JUDGMENT – EXECUTION – COSTS. 1 4 If the defendant is found guilty, judgment shall be entered 1 5 that the defendant be removed from the premises, and that the 1 6 plaintiff be put in possession of the premises, and an 1 7 execution for the defendant's removal within three days from 1 8 the judgment shall issue accordingly, to which shall be added 1 9 a clause commanding the officer to collect the costs as in 1 10 ordinary cases. However, where the action is brought 1 11 concerning a tenancy under chapter 562B, except those brought 1 12 pursuant to section 562B.25A, an execution shall not issue for 1 13 the defendant's removal until after expiration of thirty days 1 14 from the date of the judgment and section 648.18 shall not 1 15 apply. 1 16 Sec. 2. Section 648.22A, subsection 1, unnumbered 1 17 paragraph 1, Code Supplement 2003, is amended to read as 1 18 follows: 1 19 In cases covered by chapter 562B, prior to the expiration 1 20 ofthreethirty days from the date the judgment is entered 1 21 pursuant to section 648.22, the plaintiff or defendant may 1 22 elect to leave a mobile home or manufactured home and its 1 23 contents in the manufactured home community or mobile home 1 24 park for up to sixty days after the date of the judgment 1 25 provided all of the following occur: 1 26 Sec. 3. Section 648.22A, subsection 7, Code Supplement 1 27 2003, is amended to read as follows: 1 28 7. Nothing in this section shall prevent the defendant 1 29 from removing the mobile home or manufactured home prior to 1 30 the expiration ofthreethirty days after entry of judgment, 1 31 after which time a mobile home or manufactured home shall not 1 32 be removed without the prior payment to the plaintiff of all 1 33 sums owing at the time of entry of judgment, interest accrued 1 34 on such sums as provided by law, and per diem rent for that 1 35 portion of the sixty-day period which has expired prior to 2 1 removal, and payment of any taxes due on the home which are 2 2 not abated pursuant to subsection 5. 2 3 EXPLANATION 2 4 This bill relates to the eviction of tenants in 2 5 manufactured and mobile home parks. The bill delays the 2 6 issuance of an execution in an action for forcible entry or 2 7 detention concerning the rental of a lot in a mobile home or 2 8 manufactured housing park under Code chapter 562B from three 2 9 days to 30 days. The landlord and tenant may still agree 2 10 pursuant to Code section 648.22A to delay execution for up to 2 11 60 days in accordance with the requirements of that section. 2 12 LSB 6329SS 80 2 13 kk/pj/5
Text: SF02112 Text: SF02114 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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