Senate File 463 S-3156 Amend Senate File 463 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 555B.3, Code 2019, is amended to read 4 as follows: 5 555B.3 Action for abandonment —— jurisdiction. 6 A real property owner not requesting notification by the 7 sheriff as provided in section 555B.2 may bring an action 8 alleging abandonment in the court within the county where the 9 real property is located provided that there is no lien on 10 the mobile home or personal property other than a tax lien 11 pursuant to chapter 435 . The action shall be tried as an 12 equitable action. Unless commenced as a small claim, the 13 petition shall be presented to a district judge. Upon receipt 14 of the petition, either the court or the clerk of the district 15 court shall set a date for a hearing not later than fourteen 16 days from the date of the receipt of the petition , except when 17 there is a lien on the mobile home or personal property, other 18 than a tax lien, the court or the clerk of the district court 19 shall set a date for a hearing no sooner than twenty-five days 20 from the date of the receipt of the petition so as to allow for 21 service on the lienholder . 22 Sec. 2. Section 555B.4, Code 2019, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 4. If a lien, other than a tax lien, exists 25 on the mobile home or personal property at the time an action 26 for abandonment is initiated, personal service pursuant to rule 27 of civil procedure 1.305 shall be made upon the lienholder 28 no less than twenty days before the hearing. The notice to 29 the lienholder shall describe the mobile home and shall state 30 the docket, case number, date, time at which the hearing is 31 scheduled, and the lienholder’s right to assert a claim to 32 the mobile home at the hearing. The notice shall also state 33 that failure to assert a claim to the mobile home within the 34 judicial proceedings is deemed a waiver of all right, title, 35 -1- SF463.1335 (4) 88 (amending this SF 463 to CONFORM to HF 638) js/rn 1/ 6 #1.

claim, and interest in the mobile home and is deemed consent to 1 the sale or disposal of the mobile home. If personal service 2 upon the lienholder cannot be completed in time to give the 3 lienholder the minimum notice required by this section, the 4 court may set a new hearing date. 5 Sec. 3. Section 555B.8, subsections 2 and 3, Code 2019, are 6 amended to read as follows: 7 2. If Except as otherwise ordered by the court, if the 8 mobile home owner or other claimant asserts a claim to the 9 property, the judgment shall be satisfied before the mobile 10 home owner or other claimant may take possession of the mobile 11 home or personal property. 12 3. If no claim is asserted to the mobile home or personal 13 property or if the judgment is not satisfied at the time of 14 entry, an order shall be entered allowing the real property 15 owner to sell or otherwise dispose of the mobile home and 16 personal property pursuant to section 555B.9 . If Except as 17 otherwise ordered by the court, if a claimant satisfies the 18 judgment at the time of entry, the court shall enter an order 19 permitting and directing the claimant to remove the mobile home 20 or personal property from its location within a reasonable time 21 to be fixed by the court. The court shall also determine the 22 amount of further rent or storage charges to be paid by the 23 claimant to the real property owner at the time of removal. 24 Sec. 4. Section 555B.9, subsections 1, 2, 3, and 4, Code 25 2019, are amended to read as follows: 26 1. Pursuant to an order for disposal under section 555B.8, 27 subsection 3 , the real property owner shall dispose of the 28 mobile home and personal property by public or private sale in 29 a commercially reasonable manner. If the personal property , 30 lienholder, owner or other claimant has asserted a claim to 31 the mobile home or personal property within the judicial 32 proceedings , that person shall be notified of the sale by 33 restricted certified mail not less than five days before the 34 sale. The notice is deemed given upon the mailing. The real 35 -2- SF463.1335 (4) 88 (amending this SF 463 to CONFORM to HF 638) js/rn 2/ 6

property owner may buy at any public sale, and if the mobile 1 home or personal property is of a type customarily sold in 2 a recognized market or is the subject of widely distributed 3 standard price quotations, the real property owner may buy at a 4 private sale. 5 2. A sale pursuant to subsection 1 transfers to the 6 purchaser for value, all of the mobile home owner’s rights 7 in the mobile home and personal property, and discharges the 8 real property owner’s interest in the mobile home and personal 9 property , and any tax lien , and any other lien . The purchaser 10 takes free of all rights and interests even though the real 11 property owner fails to comply with the requirements of this 12 chapter or of any judicial proceedings, if the purchaser acts 13 in good faith. 14 3. The proceeds of the sale of mobile home and personal 15 property shall be distributed as follows: 16 a. First, to satisfy the real property owner’s judgment 17 obtained under section 555B.8 . 18 b. Second, to satisfy any tax lien for which a claim was 19 asserted pursuant to section 555B.4, subsection 3 . 20 c. Third, to satisfy any other lien for which a claim was 21 asserted pursuant to section 555B.4, subsection 4. 22 c. d. Any surplus remaining after the proceeds are 23 distributed shall be held by the real property owner for six 24 months. If the mobile home owner fails to claim the surplus 25 in that time, the surplus may be retained by the real property 26 owner. If a deficiency remains after distribution of the 27 proceeds, the mobile home owner is liable for the amount of the 28 deficiency. 29 4. Notwithstanding subsections 1 through 3 , the real 30 property owner may propose to retain the mobile home and 31 personal property in satisfaction of the judgment obtained 32 pursuant to section 555B.8 . Written notice of the proposal 33 shall be sent to the mobile home owner , lienholder, or other 34 claimant, if that person has asserted a claim to the mobile 35 -3- SF463.1335 (4) 88 (amending this SF 463 to CONFORM to HF 638) js/rn 3/ 6

home or personal property in the judicial proceedings. If 1 the real property owner receives objection in writing from 2 the mobile home owner , lienholder, or other claimant within 3 twenty-one days after the notice was sent, the real property 4 owner shall dispose of the mobile home and personal property 5 pursuant to subsection 1 . If no written objection is received 6 by the real property owner within twenty-one days after the 7 notice was sent, the mobile home and personal property may be 8 retained. Retention of the mobile home and personal property 9 discharges the judgment of the real property owner , and any tax 10 lien , and any other lien . 11 Sec. 5. Section 562A.9, subsection 4, Code 2019, is amended 12 to read as follows: 13 4. For rental agreements in which the rent does not exceed 14 seven hundred dollars per month, a rental agreement shall not 15 provide for a late fee that exceeds twelve dollars per day or a 16 total amount of sixty dollars per month. For rental agreements 17 in which the rent is greater than seven hundred dollars per 18 month but less than one thousand four hundred dollars per 19 month , a rental agreement shall not provide for a late fee that 20 exceeds twenty dollars per day or a total amount of one hundred 21 dollars per month. For rental agreements in which the rent is 22 at least one thousand four hundred dollars per month, a rental 23 agreement shall not provide for a late fee that exceeds two 24 percent of the rent per day or a total amount of ten percent of 25 the rent per month. 26 Sec. 6. Section 562B.10, subsections 4 and 7, Code 2019, are 27 amended to read as follows: 28 4. For rental agreements in which the rent does not exceed 29 seven hundred dollars per month, a rental agreement shall not 30 provide for a late fee that exceeds twelve dollars per day or a 31 total amount of sixty dollars per month. For rental agreements 32 in which the rent is greater than seven hundred dollars per 33 month but less than one thousand four hundred dollars per 34 month , a rental agreement shall not provide for a late fee that 35 -4- SF463.1335 (4) 88 (amending this SF 463 to CONFORM to HF 638) js/rn 4/ 6

exceeds twenty dollars per day or a total amount of one hundred 1 dollars per month. For rental agreements in which the rent is 2 at least one thousand four hundred dollars per month, a rental 3 agreement shall not provide for a late fee that exceeds two 4 percent of the rent per day or a total amount of ten percent of 5 the rent per month. 6 7. a. If a tenant who was sole owner of a mobile home dies 7 during the term of a rental agreement then that person’s heirs 8 or legal representative or the landlord shall have the right 9 to cancel the tenant’s lease by giving sixty days’ written 10 notice to the person’s heirs or legal representative or to 11 the landlord, whichever is appropriate, and the heirs or the 12 legal representative shall have the same rights, privileges and 13 liabilities of the original tenant. 14 b. (1) If a tenant who was sole owner of a mobile home dies 15 during the term of a rental agreement resulting in the mobile 16 home being abandoned as provided in section 562B.27, subsection 17 1, and the landlord cannot, despite due diligence, locate such 18 tenant’s heirs or legal representatives, then the landlord may 19 bring an action for abandonment as provided in section 555B.3, 20 naming as defendants the estate of the tenant and any and all 21 unknown heirs of the tenant and, upon the landlord’s filing 22 of an affidavit that personal service cannot be had on any 23 heir, legal representative, or estate of the tenant, the court 24 shall permit original notice of such action to be served by 25 publication pursuant to subparagraph (2) of this paragraph. 26 (2) Publication of the original notice shall be made 27 once each week for three consecutive weeks in a newspaper of 28 general circulation published in the county where the petition 29 is filed, as provided in rules of civil procedure 1.313 and 30 1.314. Service is complete after the third consecutive weekly 31 publication. 32 (3) In the event any tax lien or other lien exists on 33 the mobile home, the landlord may proceed with an action for 34 abandonment as provided in section 555B.3, except that: 35 -5- SF463.1335 (4) 88 (amending this SF 463 to CONFORM to HF 638) js/rn 5/ 6

(a) Notice shall be provided to the county treasurer as 1 provided in section 555B.4, subsection 3, if a tax lien exists. 2 (b) Personal service pursuant to rule of civil procedure 3 1.305 shall be made upon any lienholder no less than twenty 4 days before the hearing. 5 (4) Any notice to a lienholder shall state that failure 6 to assert a claim to the mobile home is deemed a waiver of 7 all right, title, claim, and interest in the mobile home and 8 is deemed consent to the sale or disposal of the mobile home. 9 If personal service upon the lienholder cannot be completed 10 in time to give the lienholder the minimum notice required by 11 subparagraph (3), the court may set a new hearing date. 12 Sec. 7. Section 648.5, subsection 1, Code 2019, is amended 13 to read as follows: 14 1. An action for forcible entry and detainer shall be 15 brought in a county where all or part of the premises is 16 located. Such an action shall be tried as an equitable action. 17 Upon receipt of the petition, the court shall set a date, 18 time, and place for hearing. The court shall set the date 19 of hearing no later than eight days from the filing date, 20 except that the court shall set a later hearing date no later 21 than fifteen days from the date of filing if the plaintiff 22 requests or consents to the later date of hearing. The 23 requirement regarding the setting of the initial hearing is not 24 a jurisdictional requirement and does not affect the court’s 25 subject matter jurisdiction to hear the action for forcible 26 entry and detainer. > 27 2. Title page, by striking lines 1 and 2 and inserting < An 28 Act relating to landlord remedies and procedures relating to 29 failure to timely pay rent, abandonment, and forcible entry and 30 detainer. > 31 ______________________________ ANNETTE SWEENEY -6- SF463.1335 (4) 88 (amending this SF 463 to CONFORM to HF 638) js/rn 6/ 6 #2.