Senate File 116 - Introduced



                                       SENATE FILE       
                                       BY  WARD


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

                                      A BILL FOR

  1 An Act relating to the disposal of personal property after entry
  2    of a judgment for forcible entry and detainer.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1575SS 81
  5 kk/gg/14

PAG LIN



  1  1    Section 1.  Section 648.22, Code 2005, is amended to read
  1  2 as follows:
  1  3    648.22  JUDGMENT == EXECUTION == COSTS == DISPOSAL OF
  1  4 PROPERTY.
  1  5    1.  If the defendant is found guilty, judgment shall be
  1  6 entered that the defendant be removed from the premises, and
  1  7 that the plaintiff be put in possession of the premises, and
  1  8 an execution for the defendant's removal within three days
  1  9 from the judgment shall issue accordingly, to which shall be
  1 10 added a clause commanding the officer to collect the costs as
  1 11 in ordinary cases.
  1 12    2.  Except as otherwise provided in this chapter, after the
  1 13 defendant has been removed from the premises, or has left the
  1 14 premises voluntarily before the three days from the judgment
  1 15 have elapsed, the plaintiff may dispose of all personal
  1 16 property remaining on the premises.
  1 17                           EXPLANATION
  1 18    This bill relates to the disposal of personal property left
  1 19 in or on property after a tenant has been evicted from the
  1 20 property.  The bill allows a property owner who has obtained a
  1 21 judgment for forcible entry and detainer against the person in
  1 22 possession of the property to remove any personal property
  1 23 left on the premises.  The owner may remove the personal
  1 24 property after possession has been returned to the owner by
  1 25 execution of the judgment or by voluntary removal by the
  1 26 person in possession within the three days after the judgment
  1 27 is issued.
  1 28 LSB 1575SS 81
  1 29 kk:nh/gg/14.1