House File 2315 S-5100 Amend House File 2315, as passed by the House, as 1 follows: 2 1. Page 1, line 3, before < A > by inserting < a. > 3 2. Page 1, after line 10 by inserting: 4 < b. Moneys in the fund shall not be used to finance 5 the purchase by an individual of a manufactured home 6 that is placed upon a rented lot in a manufactured 7 home community or mobile home park unless the rental 8 agreement meets the requirements of chapter 562B and 9 chapter 648. > 10 3. Page 2, after line 5 by inserting: 11 < Sec. ___. Section 562B.10, subsection 4, Code 12 2011, is amended to read as follows: 13 4. Rental agreements shall be for a term of at 14 least one year unless otherwise specified in the 15 rental agreement . Rental agreements shall be canceled 16 terminated by at least sixty days’ written notice 17 given by either party a tenant unless the tenant is 18 terminating the rental agreement pursuant to a section 19 of this chapter which allows for a shorter notice 20 period . A landlord shall not cancel a rental agreement 21 solely for the purpose of making the tenant’s mobile 22 home space available for another mobile home. Rental 23 agreements shall be terminated by a landlord, or not 24 renewed by a landlord, in a time and manner which 25 complies with this chapter. 26 Sec. ___. Section 562B.10, Code 2011, is amended by 27 adding the following new subsection: 28 NEW SUBSECTION . 4A. a. A landlord may terminate a 29 tenancy during the initial twelve months of the tenancy 30 if the tenant engages in any of the following: 31 (1) A material noncompliance with the rental 32 agreement. 33 (2) A material violation of the manufactured 34 mobile home community or mobile home park rules or 35 regulations. 36 (3) Any other violation of this chapter for which 37 termination is a remedy. 38 b. A landlord may terminate a tenancy after the 39 initial twelve months, or may only fail to renew a 40 tenancy, for any of the following reasons: 41 (1) A legitimate and material business reason the 42 impact of which is not specific to one tenant. 43 (2) A change in the use of the land if a change in 44 the use of the land is included in the rental agreement 45 as grounds for termination or nonrenewal. 46 (3) Any of the reasons included in paragraph “a” . 47 c. A landlord may terminate or not renew a tenancy 48 pursuant to paragraph “b” , subparagraphs (1) and (2), 49 by a written notice given to the tenant at least sixty 50 -1- HF2315.5171 (1) 84 av/sc 1/ 2 #1. #2. #3.
days prior to the periodic rental date specified in the 1 notice. The notice shall specify all facts which give 2 rise to the notice of termination or failure to renew. 3 Sec. ___. Section 562B.25, subsection 2, Code 2011, 4 is amended to read as follows: 5 2. If rent is unpaid when due and the tenant 6 fails to pay rent within three fourteen days after 7 written notice by the landlord of nonpayment and of the 8 landlord’s intention to terminate the rental agreement 9 if the rent is not paid within that period of time, the 10 landlord may terminate the rental agreement. 11 Sec. ___. Section 648.3, subsection 1, Code 2011, 12 is amended to read as follows: 13 1. Before action can be brought under any ground 14 specified in section 648.1 , except subsection 1 , three 15 days’ notice to quit must be given to the defendant in 16 writing. However, a landlord who has given a tenant 17 three days’ notice to pay rent and has terminated the 18 tenancy as provided in section 562A.27, subsection 2 , 19 or fourteen days’ notice to pay rent as provided in 20 section 562B.25, subsection 2 , if the tenant is renting 21 the manufactured or mobile home or the land from the 22 landlord, may commence the action without giving a 23 three-day notice to quit. 24 Sec. ___. Section 648.4, Code 2011, is amended to 25 read as follows: 26 648.4 Notice terminating tenancy. 27 When the tenancy is at will and the action is based 28 on the ground of the nonpayment of rent when due, no 29 notice of the termination of the tenancy other than 30 the three-day notice , or, if the tenant is renting 31 the manufactured or mobile home or the land from the 32 landlord, the fourteen-day notice pursuant to section 33 562B.25, subsection 2, need be given before beginning 34 the action. > 35 4. Title page, line 1, after < Act > by inserting 36 < relating to manufactured housing and mobile homes by > 37 5. Title page, line 1, after < fund > by inserting 38 < and by including provisions relating to mobile and 39 manufactured home tenancy rental agreements, notice of 40 unpaid rent, and forcible entry and detainer actions > 41 6. By renumbering as necessary. 42 ______________________________ THOMAS G. COURTNEY -2- HF2315.5171 (1) 84 av/sc 2/ 2 #4. #5. #6.