Senate File 412 S-3148 Amend Senate File 412 as follows: 1 1. Page 1, after line 6 by inserting: 2 < Sec. ___. Section 562A.8, subsection 1, paragraph a, Code 3 2025, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (7) Posting on the primary entrance 5 door of the dwelling unit, with the date the notice was posted 6 included on the notice, and service by electronic mail provided 7 that all of the following are true: 8 (a) In a separate addendum to the rental agreement executed 9 by the tenant, the tenant has expressly consented to service of 10 notice using electronic mail for purposes of this chapter. 11 (b) The landlord has delivered the notice to the tenant 12 at the electronic mail address provided by the tenant in the 13 separate addendum described in subparagraph division (a). 14 (c) The tenant has not revoked, in writing, the consent for 15 service by electronic mail, with the burden of proving such 16 revocation being on the tenant. 17 Sec. ___. Section 562A.8, subsection 1, paragraph b, Code 18 2025, is amended by adding the following new subparagraph: 19 NEW SUBPARAGRAPH . (7) Service by electronic mail provided 20 that all of the following are true: 21 (a) In a separate addendum to the rental agreement executed 22 by the landlord, the landlord has expressly consented to 23 service of notice using electronic mail for purposes of this 24 chapter. 25 (b) The tenant has delivered the notice to the landlord at 26 the electronic mail address provided by the landlord in the 27 separate addendum described in subparagraph division (a). 28 (c) The landlord has not revoked, in writing, the consent 29 for service by electronic mail, with the burden of proving such 30 revocation being on the landlord. > 31 2. Page 1, by striking lines 9 through 14 and inserting: 32 < 3. A provision in a rental agreement that is prohibited by 33 this section included in a rental agreement is unenforceable. 34 If a landlord willfully uses a rental agreement containing 35 -1- SF 412.1893 (2) 91 jh/js 1/ 6 #1. #2.

provisions known by the landlord to be prohibited enforces 1 a known prohibited provision , a tenant may recover actual 2 damages sustained by the tenant and not more than three months’ 3 periodic rent and reasonable attorney fees. > 4 3. Page 1, after line 27 by inserting: 5 < Sec. ___. Section 562A.29A, subsection 1, Code 2025, is 6 amended by adding the following new paragraph: 7 NEW PARAGRAPH . d. Posting on the primary entrance door of 8 the dwelling unit with the date the notice was posted included 9 on the notice, and service by electronic mail provided that all 10 of the following are true: 11 (1) 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 section. 14 (2) 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 (1). 17 (3) 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. ___. Section 562B.9, subsection 1, paragraph a, Code 21 2025, is amended by adding the following new subparagraph: 22 NEW SUBPARAGRAPH . (7) Posting on the primary entrance 23 door of the dwelling unit, with the date the notice was posted 24 included on the notice, and service by electronic mail provided 25 that all of the following are true: 26 (a) In a separate addendum to the rental agreement executed 27 by the tenant, the tenant has expressly consented to service of 28 notice using electronic mail for purposes of this chapter. 29 (b) The landlord has delivered the notice to the tenant 30 at the electronic mail address provided by the tenant in the 31 separate addendum described in subparagraph division (a). 32 (c) The tenant has not revoked, in writing, the consent for 33 service by electronic mail, with the burden of proving such 34 revocation being on the tenant. 35 -2- SF 412.1893 (2) 91 jh/js 2/ 6 #3.

Sec. ___. Section 562B.9, subsection 1, paragraph b, Code 1 2025, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (7) Service by electronic mail provided 3 that all of the following are true: 4 (a) In a separate addendum to the rental agreement executed 5 by the landlord, the landlord has expressly consented to 6 service of notice using electronic mail for purposes of this 7 chapter. 8 (b) The tenant has delivered the notice to the landlord at 9 the electronic mail address provided by the landlord in the 10 separate addendum described in subparagraph division (a). 11 (c) The landlord has not revoked, in writing, the consent 12 for service by electronic mail, with the burden of proving such 13 revocation being on the landlord. > 14 4. Page 1, by striking lines 30 through 34 and inserting: 15 < 3. A provision in a rental agreement that is prohibited by 16 this section included in a rental agreement is unenforceable. 17 If a landlord or tenant knowingly uses a rental agreement 18 containing provisions known to be prohibited by this chapter 19 willfully enforces a known prohibited provision , the other 20 party may recover actual damages sustained. > 21 5. Page 2, after line 21 by inserting: 22 < Sec. ___. Section 562B.27A, subsection 1, Code 2025, is 23 amended by adding the following new paragraph: 24 NEW PARAGRAPH . d. Posting on the primary entrance door of 25 the dwelling unit, with the date the notice was posted included 26 on the notice, and service by electronic mail provided that all 27 of the following are true: 28 (1) In a separate addendum to the rental agreement executed 29 by the tenant, the tenant has expressly consented to service of 30 notice using electronic mail for purposes of this section. 31 (2) The landlord has delivered the notice to the tenant 32 at the electronic mail address provided by the tenant in the 33 separate addendum described in subparagraph (1). 34 (3) The tenant has not revoked, in writing, the consent for 35 -3- SF 412.1893 (2) 91 jh/js 3/ 6 #4. #5.

service by electronic mail, with the burden of proving such 1 revocation being on the tenant. > 2 6. Page 3, after line 6 by inserting: 3 < Sec. ___. Section 648.3, subsection 2, Code 2025, is 4 amended by adding the following new paragraph: 5 NEW PARAGRAPH . d. Posting on the primary entrance door of 6 the premises, with the date the notice was posted included on 7 the notice, and service by electronic mail provided that all of 8 the following are true: 9 (1) In a separate addendum to the rental agreement executed 10 by the tenant, the tenant has expressly consented to service 11 of notice using electronic mail for purposes of this section 12 and sections 648.4 and 648.5. 13 (2) The landlord has delivered the notice to the tenant 14 at the electronic mail address provided by the tenant in the 15 separate addendum identified in subparagraph (1). 16 (3) The tenant has not revoked, in writing, the consent for 17 service by electronic mail, with the burden of proving such 18 revocation being on the tenant. 19 Sec. ___. Section 648.5, subsection 1, paragraph a, Code 20 2025, is amended to read as follows: 21 a. An action for forcible entry and detainer shall be 22 brought in a county where all or part of the premises is 23 located. Such an action shall be tried as an equitable action. 24 Upon receipt of the petition, the court shall set a date, time, 25 and place for hearing. The court shall set the date of hearing 26 no later than eight days from the filing date, except that the 27 court shall set a later hearing date no later than fifteen days 28 from the date of filing if the plaintiff requests or consents 29 to the later date of hearing. Upon motion by any party, 30 proceedings, including any court-ordered pretrial mediation, 31 may be conducted by video conference with the parties and other 32 participants if the hearing is able to be conducted in an 33 efficient manner, does not prejudice a substantial right of any 34 party, and appropriate technology is available. A nonmoving 35 -4- SF 412.1893 (2) 91 jh/js 4/ 6 #6.

party may attend any such hearing in person without further 1 notice, motion, or leave of court. > 2 7. Page 3, line 24, by striking < Ninety > and inserting 3 < Sixty > 4 8. Page 4, after line 7 by inserting: 5 < Sec. ___. NEW SECTION . 648.24 Expungement —— sealing of 6 court records. 7 Upon application of a defendant in an action for forcible 8 entry and detainer, the court shall enter an order sealing 9 the court records of the action under any of the following 10 circumstances: 11 1. a. The action was filed against the defendant for 12 nonpayment of rent and the defendant prevailed on the merits 13 of the case or the case was dismissed because the plaintiff 14 failed to appear. A defendant is deemed to have prevailed 15 on the merits of the case including but not limited to when 16 a court determines that the action for forcible entry and 17 detainer was filed by a plaintiff against a defendant who was 18 not in violation of the lease due to clerical error, mistaken 19 identity, or other demonstrable error of the plaintiff, or 20 was filed by the plaintiff in violation of section 562A.36 or 21 562B.32. 22 b. Expungement of all records by order of the court pursuant 23 to this subsection shall occur within three days of a properly 24 filed application by the defendant requesting expungement of 25 records of an action for nonpayment of rent where the defendant 26 had prevailed on the merits of the case or the case had been 27 dismissed because the plaintiff failed to appear. 28 c. This subsection does not apply if the action was 29 dismissed by the plaintiff for reasons other than a failure to 30 appear on the part of the plaintiff. 31 2. a. The defendant was found guilty in the action for 32 nonpayment of rent and less than seven years has passed, 33 and the defendant’s application requesting expungement is 34 accompanied by the plaintiff’s notarized written consent for 35 -5- SF 412.1893 (2) 91 jh/js 5/ 6 #7. #8.

expungement of all records on the action and, in such consent, 1 the plaintiff attests that the defendant has made satisfactory 2 payment of unpaid rent and fees owed to the plaintiff under the 3 lease agreement and the defendant has made satisfactory payment 4 of all money judgments associated with the action. 5 b. A landlord shall not be obligated to consent to the 6 request of a tenant to expunge all records on the action under 7 this subsection. 8 c. A tenant may only request expungement of all records 9 on an action for forcible entry and detainer pursuant to this 10 subsection once in a seven-year period. 11 d. The supreme court shall prescribe a plaintiff consent 12 form that may be used for purposes of this subsection and 13 shall provide the form to the public on the judicial branch’s 14 internet site. 15 3. Seven or more years have passed since the defendant was 16 found guilty in an action for forcible entry and detainer based 17 on the grounds of nonpayment of rent when due. > 18 9. By renumbering as necessary. 19 ______________________________ SCOTT WEBSTER -6- SF 412.1893 (2) 91 jh/js 6/ 6 #9.