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 landlordmayshall 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 landlordmayshall 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 34fourteenthirty 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 withinthreethirty 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 rentand has terminated the 2 14 tenancyas 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