House File 2473 H-8143 Amend House File 2473 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 384.84, subsection 4, paragraph d, 4 subparagraph (1), Code 2022, is amended to read as follows: 5 (1) Residential or commercial rental property where 6 a charge for water service is separately metered and paid 7 directly to the city utility or enterprise by the tenant is 8 exempt from a lien for delinquent rates or charges associated 9 with such water service if the . The landlord gives shall 10 provide written notice to the city utility or enterprise that 11 the property is residential or commercial rental property and 12 that the tenant is liable for the rates or charges. A city 13 utility or enterprise may require a deposit not exceeding the 14 usual cost of ninety days of water service to be paid to the 15 utility or enterprise. Upon receipt, the utility or enterprise 16 shall acknowledge the notice and deposit. A written notice 17 shall contain the name of the tenant responsible for charges, 18 address of the residential or commercial rental property that 19 the tenant is to occupy, and the date that the occupancy 20 begins , and if known to the landlord, the forwarding address 21 of the tenant . The city shall provide to the landlord, upon 22 request by the landlord if the landlord includes an electronic 23 mail address or if the city maintains an electronic method 24 of communication of the required information, the name of 25 the person responsible for payment of the water service, the 26 address the city has on file to send the bill to, and the date 27 that the service was turned on or disconnected. 28 Sec. 2. Section 384.84, subsection 4, paragraph e, Code 29 2022, is amended to read as follows: 30 e. Residential rental property where a charge for any of the 31 services of sewer systems, storm water drainage systems, sewage 32 treatment, solid waste collection, and solid waste disposal 33 is paid directly to the city utility or enterprise by the 34 tenant is exempt from a lien for delinquent rates or charges 35 -1- HF 2473.3655 (2) 89 cm/jh 1/ 4 #1.

associated with such services if the . The landlord gives 1 shall provide written notice to the city utility or enterprise 2 that the property is residential rental property and that the 3 tenant is liable for the rates or charges. A city utility or 4 enterprise may require a deposit not exceeding the usual cost 5 of ninety days of the services of sewer systems, storm water 6 drainage systems, sewage treatment, solid waste collection, and 7 solid waste disposal to be paid to the utility or enterprise. 8 A city utility or enterprise may require a deposit not 9 exceeding the usual cost of sixty days of the services of gas 10 and electric to be paid to the utility or enterprise. Upon 11 receipt, the utility or enterprise shall acknowledge the 12 notice and deposit. A written notice shall contain the name 13 of the tenant responsible for the charges, the address of the 14 residential rental property that the tenant is to occupy, 15 and the date that the occupancy begins , and if known to the 16 landlord, the forwarding address of the tenant . A change in 17 tenant shall require a new written notice to be given to the 18 city utility or enterprise within thirty business days of the 19 change in tenant. The city shall provide to the landlord, upon 20 request by the landlord if the landlord includes an electronic 21 mail address or if the city maintains an electronic method 22 of communication of the required information, the name of 23 the person responsible for payment of the water service, the 24 address the city has on file to send the bill to, and the 25 date that the service was turned on or disconnected. When 26 the tenant moves from the rental property, the city utility 27 or enterprise shall return the deposit if the charges for the 28 services of gas, electric, sewer systems, storm water drainage 29 systems, sewage treatment, solid waste collection, and solid 30 waste disposal are paid in full. A change in the ownership of 31 the residential rental property shall require written notice 32 of such change to be given to the city utility or enterprise 33 within thirty business days of the completion of the change of 34 ownership. The lien exemption for rental property does not 35 -2- HF 2473.3655 (2) 89 cm/jh 2/ 4

apply to charges for repairs related to a service of sewer 1 systems, storm water drainage systems, sewage treatment, solid 2 waste collection, and solid waste disposal if the repair 3 charges become delinquent unless the person responsible for the 4 charges is a tenant . 5 Sec. 3. Section 562A.6, subsection 10, Code 2022, is amended 6 to read as follows: 7 10. “Rent” means a payment to be made to the landlord under 8 the rental agreement , including base rent, utilities, late 9 fees, and other payments made by the tenant to the landlord 10 under the rental agreement . 11 Sec. 4. Section 562A.12, subsection 3, paragraph a, Code 12 2022, is amended by adding the following new subparagraph: 13 NEW SUBPARAGRAPH . (4) To satisfy debts for a tenant’s 14 delinquent utility account. 15 Sec. 5. Section 562A.13, subsection 4, Code 2022, is amended 16 to read as follows: 17 4. The landlord or any person authorized to enter into a 18 rental agreement on the landlord’s behalf shall fully explain 19 utility rates, charges and services to the prospective tenant 20 before the rental agreement is signed unless paid by the tenant 21 directly to the utility company. Nothing in this chapter shall 22 authorize a landlord to meter a premises contrary to applicable 23 law, rule, or tariff, or assess a utility charge to the tenant 24 contrary to applicable law, rule, or tariff. 25 Sec. 6. Section 648.18, Code 2022, is amended to read as 26 follows: 27 648.18 Possession —— bar. 28 Thirty days’ peaceable possession with the knowledge of 29 the plaintiff after the cause of action accrues is a bar to 30 this proceeding. A cause of action for nonpayment of rent 31 under section 562A.27 or 562B.25 accrues upon failure of the 32 tenant to cure and upon written notice of the landlord of 33 the landlord’s intention to terminate the rental agreement. 34 However, in the instance of a landlord and a tenant entering 35 -3- HF 2473.3655 (2) 89 cm/jh 3/ 4

into a written agreement to extend the due date of the payment 1 of past-due rent in a rental period, a cause of action under 2 this chapter accrues upon nonpayment of rent at the agreed-upon 3 time, provided that such a time is no greater than sixty 4 days beyond the original due date as specified in the rental 5 agreement. > 6 ______________________________ LOHSE of Polk -4- HF 2473.3655 (2) 89 cm/jh 4/ 4