Senate File 212 - Introduced



                                       SENATE FILE       
                                       BY  LUNDBY


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

                                      A BILL FOR

  1 An Act relating to the notice requirements to terminate a rental
  2    agreement at a mobile home park or manufactured home
  3    community.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2254SS 81
  6 kk/cf/24

PAG LIN



  1  1    Section 1.  Section 562B.10, subsection 4, Code 2005, is
  1  2 amended to read as follows:
  1  3    4.  Rental agreements shall be for a term of one year
  1  4 unless otherwise specified in the rental agreement.  Rental
  1  5 agreements shall be canceled by at least sixty days' written
  1  6 notice given by either party.  A landlord shall not cancel a
  1  7 rental agreement solely for the purpose of making the tenant's
  1  8 mobile home space available for another mobile home.  If a
  1  9 landlord gives a sixty=day written notice to cancel a rental
  1 10 agreement, the landlord shall state in the notice the reason
  1 11 or reasons for cancellation of the rental agreement.
  1 12    Sec. 2.  Section 562B.25, subsections 1 and 2, Code 2005,
  1 13 are amended to read as follows:
  1 14    1.  Except as provided in this chapter, if there is a
  1 15 material noncompliance by the tenant with the rental
  1 16 agreement, the landlord may shall deliver a written notice to
  1 17 the tenant specifying the acts and omissions constituting the
  1 18 breach and that the rental agreement will terminate upon a
  1 19 date not less than thirty days after receipt of the notice if
  1 20 the breach is not remedied in fourteen days.  If there is a
  1 21 noncompliance by the tenant with section 562B.18 materially
  1 22 affecting health and safety, the landlord may shall deliver a
  1 23 written notice to the tenant specifying the acts and omissions
  1 24 constituting the breach and that the rental agreement will
  1 25 terminate upon a date not less than thirty days after receipt
  1 26 of the notice if the breach is not remedied in fourteen days.
  1 27 However, if the breach is remediable by repair or the payment
  1 28 of damages or otherwise, and the tenant adequately remedies
  1 29 the breach prior to the date specified in the notice, the
  1 30 rental agreement will not terminate.  If substantially the
  1 31 same act or omission, which constituted a prior noncompliance
  1 32 of which notice was given, recurs within six months, the
  1 33 landlord may terminate the rental agreement upon at least
  1 34 fourteen thirty days' written notice specifying the breach and
  1 35 the date of termination of the rental agreement.
  2  1    2.  If rent is unpaid when due and the tenant fails to pay
  2  2 rent within three thirty days after written notice by the
  2  3 landlord specifying the amount of nonpayment and of the
  2  4 landlord's intention to terminate the rental agreement if the
  2  5 rent is not paid within that period of time, the landlord may
  2  6 terminate the rental agreement.
  2  7    Sec. 3.  Section 648.3, Code 2005, is amended to read as
  2  8 follows:
  2  9    648.3  NOTICE TO QUIT.
  2 10    Before action can be brought in any except the first of the
  2 11 above classes, three days' notice to quit must be given to the
  2 12 defendant in writing.  However, a landlord who has given a
  2 13 tenant three days' notice to pay rent and has terminated the
  2 14 tenancy as provided in section 562A.27, subsection 2, or
  2 15 thirty days' notice to pay rent as provided in section
  2 16 562B.25, subsection 2, and has terminated the tenancy, if the
  2 17 tenant is renting the manufactured or mobile home or the land
  2 18 from the landlord may commence the action without giving a
  2 19 three=day notice to quit.
  2 20                           EXPLANATION
  2 21    This bill relates to the notice requirements for a landlord
  2 22 of a mobile home park or manufactured home community when
  2 23 canceling or terminating a rental agreement with a tenant
  2 24 occupying a mobile home space.
  2 25    The bill requires landlords who wish to cancel a rental
  2 26 agreement to provide the reason or reasons for canceling the
  2 27 rental agreement in the 60=day written notice required under
  2 28 Code section 562B.10.
  2 29    Under current Code section 562B.25, a landlord of a mobile
  2 30 home park who wants to terminate a rental agreement with a
  2 31 tenant for noncompliance with the rental agreement "may" give
  2 32 a written notice to the tenant describing the reason for the
  2 33 termination.  The bill provides that the landlord "shall" give
  2 34 a written notice describing the reason for the termination.
  2 35    Under current law, if the rental agreement is not
  3  1 terminated after the termination notice because the tenant
  3  2 corrected the reason for termination and the tenant commits
  3  3 the same act of noncompliance with the rental agreement within
  3  4 six months, the landlord may terminate the rental agreement
  3  5 after 14 days' notice.  The bill requires a landlord to give
  3  6 at least 30 days' notice after a reoccurring noncompliance.
  3  7    Under current Code section 648.3, if rent is unpaid at the
  3  8 time the rent is due, a landlord of a mobile home park or
  3  9 manufactured home community may terminate a rental agreement
  3 10 after giving the tenant a notice that the unpaid rent must be
  3 11 paid within three days or the lease will be terminated.  The
  3 12 bill requires the landlord to give the tenant 30 days instead
  3 13 of three to pay the rent due prior to terminating the
  3 14 agreement.
  3 15    The bill does not change the ability to terminate a tenant
  3 16 who has created or maintained a threat constituting a clear
  3 17 and present danger to the health or safety of other tenants or
  3 18 the landlord after only a three day written notice.
  3 19    The bill makes other corresponding changes.
  3 20 LSB 2254SS 81
  3 21 kk:nh/cf/24