House Study Bill 31 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON) A BILL FOR An Act relating to the duties of a landlord for the disposition 1 of a tenant’s personal property following termination of the 2 tenancy. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1185HC (11) 84 md/nh

H.F. _____ Section 1. Section 562A.12, subsection 3, Code 2011, is 1 amended to read as follows: 2 3. a. A landlord shall, within thirty days from the date of 3 termination of the tenancy and receipt of the tenant’s mailing 4 address or delivery instructions, return the rental deposit to 5 the tenant or furnish to the tenant a written statement showing 6 the specific reason for withholding of the rental deposit or 7 any portion thereof. If the rental deposit or any portion 8 of the rental deposit is withheld for the restoration of the 9 dwelling unit, the statement shall specify the nature of the 10 damages. The landlord may withhold from the rental deposit 11 only such amounts as are reasonably necessary for the following 12 reasons: 13 a. (1) To remedy a tenant’s default in the payment of rent 14 or of other funds due to the landlord pursuant to the rental 15 agreement. 16 b. (2) To restore the dwelling unit to its condition at the 17 commencement of the tenancy, ordinary wear and tear excepted. 18 c. (3) To recover expenses incurred in acquiring possession 19 of the premises from a tenant who does not act in good 20 faith in failing to surrender and vacate the premises upon 21 noncompliance with the rental agreement and notification of 22 such noncompliance pursuant to this chapter . 23 (4) To recover expenses incurred in storing the tenant’s 24 personal property under section 562A.12A. 25 b. In an action concerning the rental deposit, the burden 26 of proving, by a preponderance of the evidence, the reason for 27 withholding all or any portion of the rental deposit shall be 28 on the landlord. 29 Sec. 2. NEW SECTION . 562A.12A Return of personal property 30 —— notice. 31 1. If a tenant’s personal property remains on the premises 32 after termination of the tenancy and the premises have been 33 vacated by the tenant, the landlord shall within ten days 34 following termination of the tenancy serve written notice on 35 -1- LSB 1185HC (11) 84 md/nh 1/ 3

H.F. _____ the tenant. 1 2. The notice shall do all of the following: 2 a. Describe the personal property in a manner reasonably 3 adequate to permit the owner of the property to identify it. 4 b. Advise the tenant that reasonable costs of storage may 5 be charged before the property is returned and, if applicable, 6 withheld from the rental deposit under section 562A.12, 7 subsection 3. 8 c. State the location where the property may be claimed 9 and the date before which the claim must be made. The date 10 specified in the notice shall be a date not fewer than seven 11 days and not more than fifteen days after the notice is served. 12 d. Contain the statement: “If you fail to reclaim the 13 personal property within the time indicated in this notice, it 14 may be sold or destroyed without further notice.” 15 3. If the property has not been reclaimed by the owner on 16 or before the date specified in the notice, the landlord shall 17 notify the sheriff of the county where the property is located 18 and the sheriff may destroy the property or sell the property 19 at public or private sale. The net proceeds of a sale, after 20 deducting the cost of the sale, shall be applied to the cost 21 of removal and storage of the property by the sheriff, and the 22 remainder, if any, shall be paid to the county treasurer. 23 Sec. 3. APPLICABILITY. This Act applies to tenancies 24 terminated on or after July 1, 2011. 25 EXPLANATION 26 This bill provides that when a tenant’s personal property 27 remains on the landlord’s premises after termination of the 28 tenancy and the premises have been vacated by the tenant, the 29 landlord shall within 10 days following termination of the 30 tenancy serve written notice on the tenant. The notice must 31 describe the personal property in a manner reasonably adequate 32 to permit the owner of the property to identify it, advise the 33 tenant that reasonable costs of storage may be charged before 34 the property is returned and, if applicable, withheld from the 35 -2- LSB 1185HC (11) 84 md/nh 2/ 3

H.F. _____ rental deposit, and state the location where the property may 1 be claimed and the date before which the claim must be made. 2 The date specified in the notice shall be a date not fewer 3 than seven days and not more than 15 days after the notice is 4 served. The notice must also contain the statement: “If you 5 fail to reclaim the personal property within the time indicated 6 in this notice, it may be sold or destroyed without further 7 notice.” 8 The bill provides that if the property has not been reclaimed 9 by the owner on or before the date specified in the notice, 10 the landlord shall notify the sheriff of the county where the 11 property is located and the sheriff may destroy the property or 12 sell the property at public or private sale. The net proceeds 13 of a sale, after deducting the cost of the sale, shall be 14 applied to the cost of removal and storage of the property by 15 the sheriff, and the remainder, if any, shall be paid to the 16 county treasurer. 17 The bill applies to tenancies terminated on or after July 1, 18 2011. 19 -3- LSB 1185HC (11) 84 md/nh 3/ 3