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