House File 554 - Introduced



                                       HOUSE FILE       
                                       BY  MASCHER


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the termination of rental agreements including
  2    retaliation against a tenant for receiving police or emergency
  3    services and requiring good cause to terminate the rental of a
  4    mobile home space.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2313HH 81
  7 kk/gg/14

PAG LIN



  1  1    Section 1.  Section 562A.36, subsection 1, Code 2005, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  d.  The tenant has received police or
  1  4 emergency assistance in response to a family violence or
  1  5 domestic abuse situation.
  1  6    Sec. 2.  Section 562B.10, subsection 4, Code 2005, is
  1  7 amended to read as follows:
  1  8    4.  Rental agreements shall be for a term of one year
  1  9 unless otherwise specified in the rental agreement.  Rental
  1 10 agreements shall be canceled by at least sixty days' written
  1 11 notice given by either party.  A notice to cancel under this
  1 12 section initiated by the landlord shall be initiated only for
  1 13 good cause.  For purposes of this subsection, "good cause"
  1 14 means a material noncompliance by the tenant with the rental
  1 15 agreement, a violation of this chapter, or a legitimate
  1 16 business reason.  A landlord shall not cancel a rental
  1 17 agreement solely for the purpose of making the tenant's mobile
  1 18 home space available for another mobile home.
  1 19    Sec. 3.  Section 562B.32, subsection 1, Code 2005, is
  1 20 amended by adding the following new paragraph:
  1 21    NEW PARAGRAPH.  cc.  The tenant has received police or
  1 22 emergency assistance in response to a family violence or
  1 23 domestic abuse situation.
  1 24                           EXPLANATION
  1 25    This bill relates to the termination of rental agreements
  1 26 between landlords and tenants.  The bill prohibits a landlord
  1 27 from retaliating against a tenant of a dwelling unit or a
  1 28 mobile home space by terminating a rental agreement, raising
  1 29 rent, or decreasing services after the tenant has received
  1 30 police or emergency services in response to a family violence
  1 31 or domestic abuse situation.  A tenant subjected to
  1 32 retaliation by a landlord may file a civil action to recover
  1 33 actual damages, reasonable attorney fees, and possession of
  1 34 the dwelling unit under Code chapter 562A or 562B.
  1 35    The bill also provides that a landlord must have good cause
  2  1 before terminating a mobile home space rental agreement.
  2  2 "Good cause" is defined to mean a material noncompliance by
  2  3 the tenant with the rental agreement, a violation of Code
  2  4 chapter 562A or 562B, as applicable, or a legitimate business
  2  5 reason.
  2  6 LSB 2313HH 81
  2  7 kk:nh/gg/14