Senate File 97 - Introduced



                                       SENATE FILE       
                                       BY  DVORSKY

                                       (COMPANION TO LSB 1898HH
                                        BY JOCHUM)


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

                                      A BILL FOR

  1 An Act to delay the issuance of executions in forcible entry or
  2    detention actions for tenancies in manufactured and mobile
  3    home parks.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1898SS 81
  6 kk/pj/5

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.
  1  4    If the defendant is found guilty, judgment shall be entered
  1  5 that the defendant be removed from the premises, and that the
  1  6 plaintiff be put in possession of the premises, and an
  1  7 execution for the defendant's removal within three days from
  1  8 the judgment shall issue accordingly, to which shall be added
  1  9 a clause commanding the officer to collect the costs as in
  1 10 ordinary cases.  However, where the action is brought
  1 11 concerning a tenancy under chapter 562B, except those brought
  1 12 pursuant to section 562B.25A, an execution shall not issue for
  1 13 the defendant's removal until after expiration of thirty days
  1 14 from the date of the judgment and section 648.18 shall not
  1 15 apply.
  1 16    Sec. 2.  Section 648.22A, subsection 1, unnumbered
  1 17 paragraph 1, Code 2005, is amended to read as follows:
  1 18    In cases covered by chapter 562B, prior to the expiration
  1 19 of three thirty days from the date the judgment is entered
  1 20 pursuant to section 648.22, the plaintiff or defendant may
  1 21 elect to leave a mobile home or manufactured home and its
  1 22 contents in the manufactured home community or mobile home
  1 23 park for up to sixty days after the date of the judgment
  1 24 provided all of the following occur:
  1 25    Sec. 3.  Section 648.22A, subsection 7, Code 2005, is
  1 26 amended to read as follows:
  1 27    7.  Nothing in this section shall prevent the defendant
  1 28 from removing the mobile home or manufactured home prior to
  1 29 the expiration of three thirty days after entry of judgment,
  1 30 after which time a mobile home or manufactured home shall not
  1 31 be removed without the prior payment to the plaintiff of all
  1 32 sums owing at the time of entry of judgment, interest accrued
  1 33 on such sums as provided by law, and per diem rent for that
  1 34 portion of the sixty=day period which has expired prior to
  1 35 removal, and payment of any taxes due on the home which are
  2  1 not abated pursuant to subsection 5.
  2  2                           EXPLANATION
  2  3    This bill relates to the eviction of tenants in
  2  4 manufactured and mobile home parks.  The bill delays the
  2  5 issuance of an execution in an action for forcible entry or
  2  6 detention concerning the rental of a lot in a mobile home or
  2  7 manufactured housing park under Code chapter 562B from three
  2  8 days to 30 days.  The landlord and tenant may still agree
  2  9 pursuant to Code section 648.22A to delay execution for up to
  2 10 60 days in accordance with the requirements of that section.
  2 11 LSB 1898SS 81
  2 12 kk:rj/pj/5