House File 973 H-1339 Amend House File 973 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 562A.6, subsection 10, Code 2025, is 4 amended to read as follows: 5 10. “Rent” means a payment to be made to the landlord under 6 the rental agreement , including base rent, utilities, late 7 fees, and other payments made by the tenant to the landlord 8 under the rental agreement . 9 Sec. 2. Section 562A.8, subsection 1, paragraph a, Code 10 2025, is amended by adding the following new subparagraph: 11 NEW SUBPARAGRAPH . (7) Posting on the primary entrance 12 door of the dwelling unit, with the date the notice was posted 13 included on the notice, and service by electronic mail provided 14 that all of the following are true: 15 (a) In a separate addendum to the rental agreement executed 16 by the tenant, the tenant has expressly consented to service of 17 notice using electronic mail for purposes of this chapter. 18 (b) The landlord has delivered the notice to the tenant 19 at the electronic mail address provided by the tenant in the 20 separate addendum described in subparagraph division (a). 21 (c) The tenant has not revoked, in writing, the consent for 22 service by electronic mail, with the burden of proving such 23 revocation being on the tenant. 24 Sec. 3. Section 562A.8, subsection 1, paragraph b, Code 25 2025, is amended by adding the following new subparagraph: 26 NEW SUBPARAGRAPH . (7) Service by electronic mail provided 27 that all of the following are true: 28 (a) In a separate addendum to the rental agreement executed 29 by the landlord, the landlord has expressly consented to 30 service of notice using electronic mail for purposes of this 31 chapter. 32 (b) The tenant has delivered the notice to the landlord at 33 the electronic mail address provided by the landlord in the 34 separate addendum described in subparagraph division (a). 35 -1- HF 973.2053 (2) 91 (amending this HF 973 to CONFORM to SF 412) jh/js 1/ 9 #1.

(c) The landlord has not revoked, in writing, the consent 1 for service by electronic mail, with the burden of proving such 2 revocation being on the landlord. 3 Sec. 4. Section 562A.11, subsection 3, Code 2025, is amended 4 to read as follows: 5 3. A provision in a rental agreement that is prohibited by 6 this section included in a rental agreement is unenforceable. 7 If a landlord willfully uses a rental agreement containing 8 provisions known by the landlord to be prohibited enforces 9 a known prohibited provision , a tenant may recover actual 10 damages sustained by the tenant and not more than three months’ 11 periodic rent and reasonable attorney fees. 12 Sec. 5. Section 562A.29A, subsection 1, paragraph c, Code 13 2025, is amended to read as follows: 14 c. Posting on the primary entrance door of the dwelling 15 unit and mailing by both regular mail and certified mail, as 16 defined in section 618.15 , to the address of the dwelling 17 unit or to the tenant’s last known address, if different from 18 the address of the dwelling unit. A notice posted according 19 to this paragraph shall be posted within the applicable time 20 period for serving notice and shall include the date the notice 21 was posted. A notice delivered under this paragraph that is 22 addressed to all tenants and unknown parties in possession 23 shall be deemed to provide notice to all tenants, occupants, 24 and parties in possession of the premises. 25 Sec. 6. Section 562A.29A, subsection 1, Code 2025, is 26 amended by adding the following new paragraph: 27 NEW PARAGRAPH . d. Posting on the primary entrance door of 28 the dwelling unit with the date the notice was posted included 29 on the notice, and service by electronic mail provided that all 30 of the following are true: 31 (1) In a separate addendum to the rental agreement executed 32 by the tenant, the tenant has expressly consented to service of 33 notice using electronic mail for purposes of this section. 34 (2) The landlord has delivered the notice to the tenant 35 -2- HF 973.2053 (2) 91 (amending this HF 973 to CONFORM to SF 412) jh/js 2/ 9

at the electronic mail address provided by the tenant in the 1 separate addendum described in subparagraph (1). 2 (3) The tenant has not revoked, in writing, the consent for 3 service by electronic mail, with the burden of proving such 4 revocation being on the tenant. 5 Sec. 7. Section 562B.9, subsection 1, paragraph a, Code 6 2025, is amended by adding the following new subparagraph: 7 NEW SUBPARAGRAPH . (7) Posting on the primary entrance 8 door of the dwelling unit, with the date the notice was posted 9 included on the notice, and service by electronic mail provided 10 that all of the following are true: 11 (a) In a separate addendum to the rental agreement executed 12 by the tenant, the tenant has expressly consented to service of 13 notice using electronic mail for purposes of this chapter. 14 (b) The landlord has delivered the notice to the tenant 15 at the electronic mail address provided by the tenant in the 16 separate addendum described in subparagraph division (a). 17 (c) The tenant has not revoked, in writing, the consent for 18 service by electronic mail, with the burden of proving such 19 revocation being on the tenant. 20 Sec. 8. Section 562B.9, subsection 1, paragraph b, Code 21 2025, is amended by adding the following new subparagraph: 22 NEW SUBPARAGRAPH . (7) Service by electronic mail provided 23 that all of the following are true: 24 (a) In a separate addendum to the rental agreement executed 25 by the landlord, the landlord has expressly consented to 26 service of notice using electronic mail for purposes of this 27 chapter. 28 (b) The tenant has delivered the notice to the landlord at 29 the electronic mail address provided by the landlord in the 30 separate addendum described in subparagraph division (a). 31 (c) The landlord has not revoked, in writing, the consent 32 for service by electronic mail, with the burden of proving such 33 revocation being on the landlord. 34 Sec. 9. Section 562B.11, subsection 3, Code 2025, is amended 35 -3- HF 973.2053 (2) 91 (amending this HF 973 to CONFORM to SF 412) jh/js 3/ 9

to read as follows: 1 3. A provision in a rental agreement that is prohibited by 2 this section included in a rental agreement is unenforceable. 3 If a landlord or tenant knowingly uses a rental agreement 4 containing provisions known to be prohibited by this chapter 5 willfully enforces a known prohibited provision , the other 6 party may recover actual damages sustained. 7 Sec. 10. Section 562B.20, subsection 1, Code 2025, is 8 amended to read as follows: 9 1. A landlord shall not have the right of access to a mobile 10 home owned by a tenant unless such access is necessary to 11 prevent damage to the mobile home space , or is in response to 12 an emergency situation , or after entry of an order of removal 13 of the tenant, is for the purpose of making safe the mobile 14 home or mobile home space, including securing or winterizing 15 the mobile home or mobile home space . 16 Sec. 11. Section 562B.27A, subsection 1, paragraph c, Code 17 2025, is amended to read as follows: 18 c. Posting on the primary entrance door of the dwelling 19 unit and mailing by both regular mail and certified mail, as 20 defined in section 618.15 , to the address of the dwelling 21 unit or to the tenant’s last known address, if different from 22 the address of the dwelling unit. A notice posted according 23 to this paragraph shall be posted within the applicable time 24 period for serving notice and shall include the date the notice 25 was posted. A notice delivered under this paragraph that is 26 addressed to all tenants and unknown parties in possession 27 shall be deemed to provide notice to all tenants, occupants, 28 and parties in possession of the premises. 29 Sec. 12. Section 562B.27A, subsection 1, Code 2025, is 30 amended by adding the following new paragraph: 31 NEW PARAGRAPH . d. Posting on the primary entrance door of 32 the dwelling unit, with the date the notice was posted included 33 on the notice, and service by electronic mail provided that all 34 of the following are true: 35 -4- HF 973.2053 (2) 91 (amending this HF 973 to CONFORM to SF 412) jh/js 4/ 9

(1) In a separate addendum to the rental agreement executed 1 by the tenant, the tenant has expressly consented to service of 2 notice using electronic mail for purposes of this section. 3 (2) The landlord has delivered the notice to the tenant 4 at the electronic mail address provided by the tenant in the 5 separate addendum described in subparagraph (1). 6 (3) The tenant has not revoked, in writing, the consent for 7 service by electronic mail, with the burden of proving such 8 revocation being on the tenant. 9 Sec. 13. Section 648.3, subsection 2, paragraphs a and c, 10 Code 2025, are amended to read as follows: 11 a. Delivery evidenced by an acknowledgment of delivery that 12 is signed and dated by a resident of the premises who is at 13 least eighteen years of age. Delivery A notice delivered under 14 this paragraph that is addressed to all tenants and unknown 15 parties in possession shall be deemed to provide notice to the 16 defendant all tenants, occupants, and parties in possession of 17 the premises . 18 c. Posting on the primary entrance door of the premises and 19 mailing by both regular mail and certified mail, as defined 20 in section 618.15 , to the address of the premises or to the 21 defendant’s last known address, if different from the address 22 of the premises. A notice posted according to this paragraph 23 shall be posted within the applicable time period for serving 24 notice and shall include the date the notice was posted. A 25 notice delivered under this paragraph that is addressed to 26 all tenants and unknown parties in possession shall be deemed 27 to provide notice to all tenants, occupants, and parties in 28 possession of the premises. 29 Sec. 14. Section 648.3, subsection 2, Code 2025, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . d. Posting on the primary entrance door of 32 the premises, with the date the notice was posted included on 33 the notice, and service by electronic mail provided that all of 34 the following are true: 35 -5- HF 973.2053 (2) 91 (amending this HF 973 to CONFORM to SF 412) jh/js 5/ 9

(1) In a separate addendum to the rental agreement executed 1 by the tenant, the tenant has expressly consented to service 2 of notice using electronic mail for purposes of this section 3 and sections 648.4 and 648.5. 4 (2) The landlord has delivered the notice to the tenant 5 at the electronic mail address provided by the tenant in the 6 separate addendum identified in subparagraph (1). 7 (3) The tenant has not revoked, in writing, the consent for 8 service by electronic mail, with the burden of proving such 9 revocation being on the tenant. 10 Sec. 15. Section 648.5, subsection 1, paragraph a, Code 11 2025, is amended to read as follows: 12 a. An action for forcible entry and detainer shall be 13 brought in a county where all or part of the premises is 14 located. Such an action shall be tried as an equitable action. 15 Upon receipt of the petition, the court shall set a date, time, 16 and place for hearing. The court shall set the date of hearing 17 no later than eight days from the filing date, except that the 18 court shall set a later hearing date no later than fifteen days 19 from the date of filing if the plaintiff requests or consents 20 to the later date of hearing. Upon motion by any party, 21 proceedings, including any court-ordered pretrial mediation, 22 may be conducted by video conference with the parties and other 23 participants if the hearing is able to be conducted in an 24 efficient manner, does not prejudice a substantial right of any 25 party, and appropriate technology is available. A nonmoving 26 party may attend any such hearing in person without further 27 notice, motion, or leave of court. 28 Sec. 16. Section 648.5, subsection 2, paragraph c, Code 29 2025, is amended to read as follows: 30 c. If service cannot be made following two attempts using 31 a method specified under paragraph “a” or “b” , by posting on 32 the primary entrance door of the premises and mailing by both 33 regular mail and certified mail, as defined in section 618.15 , 34 to the address of the premises or to the defendant’s last known 35 -6- HF 973.2053 (2) 91 (amending this HF 973 to CONFORM to SF 412) jh/js 6/ 9

address, if different from the address of the premises. An 1 original notice posted according to this paragraph shall be 2 posted not less than three days prior to the hearing and shall 3 include the date the original notice was posted. Service of 4 original notice by mailing shall occur not less than three days 5 prior to the hearing , but may otherwise occur prior to the two 6 attempts using a method specified under paragraph “a” or “b” . 7 Sec. 17. Section 648.18, Code 2025, is amended to read as 8 follows: 9 648.18 Possession —— bar. 10 Thirty Sixty days’ peaceable possession with the knowledge 11 of the plaintiff after the cause of action accrues is a bar to 12 this proceeding. 13 Sec. 18. Section 648.22, Code 2025, is amended to read as 14 follows: 15 648.22 Judgment —— execution —— costs. 16 1. If the defendant is found guilty, judgment shall be 17 entered that the defendant be removed from the premises, and 18 that the plaintiff be put in possession of the premises, and 19 an execution for the defendant’s removal within three days 20 from the judgment shall issue accordingly, to which shall be 21 added a clause commanding the officer to collect the costs as 22 in ordinary cases. 23 2. Any personal property of the defendant remaining on the 24 premises after the defendant’s removal under this section may 25 be immediately disposed of by the plaintiff. Personal property 26 under this subsection does not include a mobile home as defined 27 in section 562B.7, or the contents therein, unless the mobile 28 home is the premises. 29 Sec. 19. NEW SECTION . 648.24 Expungement —— sealing of 30 court records. 31 Upon application of a defendant in an action for forcible 32 entry and detainer, the court shall enter an order sealing 33 the court records of the action under any of the following 34 circumstances: 35 -7- HF 973.2053 (2) 91 (amending this HF 973 to CONFORM to SF 412) jh/js 7/ 9

1. a. The action was filed against the defendant for 1 nonpayment of rent and the defendant prevailed on the merits 2 of the case or the case was dismissed because the plaintiff 3 failed to appear. A defendant is deemed to have prevailed 4 on the merits of the case including but not limited to when 5 a court determines that the action for forcible entry and 6 detainer was filed by a plaintiff against a defendant who was 7 not in violation of the lease due to clerical error, mistaken 8 identity, or other demonstrable error of the plaintiff, or 9 was filed by the plaintiff in violation of section 562A.36 or 10 562B.32. 11 b. Expungement of all records by order of the court pursuant 12 to this subsection shall occur within three days of a properly 13 filed application by the defendant requesting expungement of 14 records of an action for nonpayment of rent where the defendant 15 had prevailed on the merits of the case or the case had been 16 dismissed because the plaintiff failed to appear. 17 c. This subsection does not apply if the action was 18 dismissed by the plaintiff for reasons other than a failure to 19 appear on the part of the plaintiff. 20 2. a. The defendant was found guilty in the action for 21 nonpayment of rent and less than seven years has passed, 22 and the defendant’s application requesting expungement is 23 accompanied by the plaintiff’s notarized written consent for 24 expungement of all records on the action and, in such consent, 25 the plaintiff attests that the defendant has made satisfactory 26 payment of unpaid rent and fees owed to the plaintiff under the 27 lease agreement and the defendant has made satisfactory payment 28 of all money judgments associated with the action. 29 b. A landlord shall not be obligated to consent to the 30 request of a tenant to expunge all records on the action under 31 this subsection. 32 c. A tenant may only request expungement of all records 33 on an action for forcible entry and detainer pursuant to this 34 subsection once in a seven-year period. 35 -8- HF 973.2053 (2) 91 (amending this HF 973 to CONFORM to SF 412) jh/js 8/ 9

d. The supreme court shall prescribe a plaintiff consent 1 form that may be used for purposes of this subsection and 2 shall provide the form to the public on the judicial branch’s 3 internet site. 4 3. Seven or more years have passed since the defendant was 5 found guilty in an action for forcible entry and detainer based 6 on the grounds of nonpayment of rent when due. > 7 2. Title page, by striking lines 1 through 3 and inserting 8 < An Act relating to property law, including rent, rental 9 agreements, notice requirements, and possession of property. > 10 ______________________________ WULF of Black Hawk -9- HF 973.2053 (2) 91 (amending this HF 973 to CONFORM to SF 412) jh/js 9/ 9 #2.