Text: SF02116 Text: SF02118 Text: SF02100 - SF02199 Text: SF 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 including
1 11 the exemption provisions available to the tenant pursuant to
1 12 subsection 3, if applicable, may file suit against the tenant
1 13 for recovery of possession of the premises pursuant to chapter
1 14 648, except as otherwise provided in subsection 3. The
1 15 petition shall state the incident or incidents giving rise to
1 16 the notice of termination and notice to quit. The tenant
1 17 shall be given the opportunity to contest the termination in
1 18 the court proceedings by notice thereof at least three days
1 19 prior to the hearing.
1 20 Sec. 2. Section 562A.36, subsection 1, Code 2003, is
1 21 amended by adding the following new paragraph:
1 22 NEW PARAGRAPH. d. The tenant has summoned or received
1 23 police or emergency assistance in response to a family
1 24 violence or domestic abuse situation.
1 25 Sec. 3. Section 562B.25A, subsection 1, Code 2003, is
1 26 amended to read as follows:
1 27 1. Notwithstanding section 562B.25 or 648.3, if a tenant
1 28 has created or maintained a threat constituting a clear and
1 29 present danger to the health or safety of other tenants, the
1 30 landlord, the landlord's employee or agent, or other persons
1 31 on or within one thousand feet of the landlord's property, the
1 32 landlord, after the service of a single three days' written
1 33 notice of termination and notice to quit stating the specific
1 34 activity causing the clear and present danger, and including
1 35 the exemption provisions available to the tenant pursuant to
2 1 subsection 3, if applicable, may file suit against the tenant
2 2 for recovery of possession of the premises pursuant to chapter
2 3 648, except as otherwise provided in subsection 3. The
2 4 petition shall state the incident or incidents giving rise to
2 5 the notice of termination and notice to quit. The tenant
2 6 shall be given the opportunity to contest the termination in
2 7 the court proceedings by notice thereof at least three days
2 8 prior to the hearing.
2 9 Sec. 4. Section 562B.32, subsection 1, Code 2003, is
2 10 amended by adding the following new paragraph:
2 11 NEW PARAGRAPH. cc. The tenant has summoned or received
2 12 police or emergency assistance in response to a family
2 13 violence or domestic abuse situation.
2 14 EXPLANATION
2 15 This bill relates to residential landlord-tenant law, by
2 16 making certain changes related to family violence and domestic
2 17 abuse.
2 18 The bill provides that a landlord under Code chapter 562A
2 19 (uniform residential landlord-tenant law) or 562B (mobile home
2 20 parks residential landlord-tenant law) must provide specific
2 21 information in a written notice of termination and notice to
2 22 quit to a tenant relating to the tenant's activities that are
2 23 alleged to create a clear and present danger to the health or
2 24 safety of other tenants, the landlord, the landlord's employee
2 25 or agent, or other persons on or within 1,000 feet of the
2 26 landlord's property. The bill further provides that such
2 27 notice shall include a statement of the law in regard to
2 28 certain exemptions in regard to the tenant's actions related
2 29 to the activity causing the clear and present danger, if
2 30 applicable. The exemptions include information related to
2 31 whether the tenant has sought a protective order, restraining
2 32 order, or order to vacate the homestead, or any other
2 33 applicable provision which would apply to the person
2 34 conducting the activities causing the clear and present
2 35 danger, whether the tenant has reported the activities
3 1 constituting the clear and present danger to a law enforcement
3 2 agency, and whether the tenant has written a letter to the
3 3 person conducting the activities creating the clear and
3 4 present danger, telling the person not to return to the
3 5 premises and that a return to the premises may result in a
3 6 trespass action.
3 7 The bill further provides that a landlord may not retaliate
3 8 against a tenant by increasing rent, decreasing services, or
3 9 by bringing or threatening to bring an action for possession
3 10 after the tenant has summoned or received police or emergency
3 11 assistance in response to a family violence or domestic abuse
3 12 situation.
3 13 LSB 5735SS 80
3 14 rh/sh/8
Text: SF02116 Text: SF02118 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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