Section 1. NEW SECTION 29A.101A TERMINATION OF LEASE OR RENTAL AGREEMENT BY SERVICE MEMBER.

1. As used in this section, "lease" or "rental agreement"

means any lease or rental agreement covering premises occupied

for dwelling, professional, business, agricultural, or similar

purposes if both of the following conditions are met:

a. The lease or rental agreement was executed by or on

behalf of a service member who, after the execution of the

lease or rental agreement, entered military service.

b. The service member or the service member's dependents

occupy the premises for the purposes set forth in this

subsection.

2.

a. A service member may terminate a lease or rental

agreement by providing written notice to the lessor or the

lessor's agent at any time following the date of the beginning

of the service member's period of military service. The

notice may be delivered by placing it in an envelope properly

stamped and addressed to the lessor or the lessor's agent and

depositing the notice in the United States mail.

b. Termination of a month-to-month lease or rental

agreement shall not be effective until thirty days after the

first day on which the next rental payment is due and payable

after the date when notice is delivered or mailed. As to all

other leases or rental agreements, termination shall be

effective on the last day of the month following the month in

which notice is delivered or mailed. Any unpaid rent for the

period preceding the termination in such cases shall be

computed on a pro rata basis and any rent paid in advance

after termination shall be refunded by the lessor or the

lessor's agent.

c. Upon application by the lessor and prior to the

termination period provided in the notice, a court may modify

or restrict any relief granted in this subsection as the

interests of justice and equity require.

3. A person who knowingly seizes, holds, or detains the

personal effects, clothing, furniture, or other property of

any person who has lawfully terminated a lease or rental

agreement covered under this section or who interferes in any

manner with the removal of property from the premises for the

purposes of subjecting the property to a claim for rent

accruing subsequent to the date of termination of the lease or

rental agreement commits a simple misdemeanor.

Sec. 2. Section 562A.27, Code 2003, is amended by adding the following new subsection:

NEW SUBSECTION 5. Notwithstanding any other provisions

of this chapter, a municipal housing agency established

pursuant to chapter 403A may issue a thirty-day notice of

lease termination for a violation of a rental agreement by the

tenant when the violation is a violation of a federal

regulation governing the tenant's eligibility for or continued

participation in a public housing program. The municipal

housing agency shall not be required to provide the tenant

with a right or opportunity to remedy the violation or to give

any notice that the tenant has such a right or opportunity

when the notice cites the federal regulation as authority.

Sec. 3. NEW SECTION 648.1A NONPROFIT TRANSITIONAL HOUSING EXEMPTED.

This chapter shall not apply to occupancy in housing owned

by a nonprofit organization whose purpose is to provide

transitional housing for persons released from drug or alcohol

treatment facilities or to provide housing for homeless

persons. Absent an applicable provision in a lease, contract,

or other agreement, a person who unlawfully remains on the

premises of such housing may be subject to criminal trespass

penalties pursuant to section 716.8.

Sec. 4. Section 648.6, Code 2003, is amended to read as follows:

648.6 DELAYED VACATION — NOTICE TO LIENHOLDERS.

In cases covered by chapter 562B, a plaintiff may preserve

the option of consenting to delayed vacation of a premises as

provided in section 648.22A, by sendingshall send a copy of

the petition, prior to the date set for hearing, by regular,

certified, or restricted certified mail to the county

treasurer and to each lienholder whose name and address are of

record in the office of the county treasurer of the county

where the mobile home or manufactured home is located.

Sec. 5. Section 648.22A, Code 2003, is amended to read as follows:

1. In cases covered by chapter 562B, uponprior to the

expiration of three days from the date the judgment is entered

pursuant to section 648.22, the plaintiff or defendant may

elect to leave a mobile home or manufactured home and its

contents in the manufactured home community or mobile home

park for up to thirtysixty days after the date of the

judgment provided all of the following occur:

a. The plaintiff consents and the plaintiff has complied

with the provisions of section 648.6.

b. The party making the election files a written notice of

such election with the court and sends a copy of the notice of

election with a copy of the judgment to the sheriff, the other

party at the other party's last known address, each record

lienholder, and the county treasurer in the same manner as in

section 648.6.

b.c. All utilities to the mobile home or manufactured

home are disconnected prior to expiration of three days from

the entry of judgmentfiling of the election. Payment of any

reasonable costs incurred in disconnecting utilities and

protecting the home from damage is the responsibility of the

defendant.

2. During the thirty-daysixty-day period the defendant

may have reasonable access to the home site to show the home

to prospective purchasers, prepare the home for removal,

remove any personal property, or remove the home, provided

that the defendant gives the plaintiff and sheriff at least

twenty-four hours' notice prior to each exercise of the

defendant's right of access. The plaintiff may also have

reasonable access to the home site to disconnect utilities and

to show the home to prospective purchasers sent by the

defendant. The plaintiff shall not have the right to sell the

home during the sixty-day period unless the defendant enters

into a written agreement for the plaintiff to sell the home.

3. During the thirty-daysixty-day period the defendant

shall not occupy the home or be present on the premises

between the hours of seven p.m. and seven a.m. A violation of

this subsection shall be punishable as contempt.

4. If the plaintiff or defendant finds a purchaser of the

home, who is a prospective tenant of the manufactured home

community or mobile home park, the provisions of section

562B.19, subsection 3, paragraph "c", shall apply.

5. If, within the thirty-daysixty-day period, the home is

not sold to an approved purchaser or removed from the

manufactured home community or mobile home park, the plaintiff

may sell or dispose of the home in accordance with the

provisions of section 555B.9 without an order for disposal, or

chapter 555C, and may do so free and clear of all liens,

claims, or encumbrances of third parties except any tax lien,

at which time all of the following shall occur:

a. The home, its contents, and any other property of the

defendant remaining on the premises shall become the property

of the plaintiff free and clear of all rights of the defendant

to the property and of all liens, claims, or encumbrances of

third parties, and any tax levied pursuant to chapter 435 may

be abated by the board of supervisors.The proceeds from the

sale shall first be applied to any judgments against the

defendant obtained by the plaintiff, any unpaid rent or

additional costs incurred by plaintiff, and reasonable

attorney fees. Any remaining proceeds shall next be applied

to any tax lien with the remainder to be held in accordance

with section 555B.9, subsection 3, paragraph "c".

b. Any money judgment against the defendant and in favor

of the plaintiff relating to the previous tenancy shall be

deemed satisfied, except those arising from independent torts.

c. TheIf plaintiff elects to retain the home pursuant to

section 555B.9, the county treasurer, upon receipt of a fee

equal to the fee specified in section 321.42 for replacement

of certificates of title for motor vehicles, and upon receipt

of an affidavit submitted by the plaintiff verifying that the

home was not sold to an approved purchaser or removed within

the time specified in this subsection, shall issue to the

plaintiff a new title for the home.

6. A purchaser of the home shall be liable for any unpaid

sums due the plaintiff, sheriff, or county treasurer. For the

purposes of this section, "purchaser" includes a lienholder or

other claimant acquiring title to the home in whole or in part

by reason of a lien or other claim.

7. ANothing in this section shall prevent the defendant

from removing the mobile home or manufactured home prior to

the expiration of three days after entry of judgment, after

which time a mobile home or manufactured home shall not be

removed without the prior payment to the plaintiff of all sums

owing at the time of entry of judgment, interest accrued on

such sums as provided by law, and per diem rent for that

portion of the thirty-daysixty-day period which has expired

prior to removal, and payment of any taxes due on the home

which are not abated pursuant to subsection 5.

8. In any case where this section has become operative,

section 648.18 does not apply.

9. This section does not preclude the exercise of a

lienholder's rights under 648.22B.