House Study Bill 600 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ATTORNEY GENERAL BILL) A BILL FOR An Act relating to mobile and manufactured home tenancy 1 by providing for minimum duration of rental agreements 2 and termination or nonrenewal of rental agreements, and 3 modifying notice of unpaid rent and related forcible entry 4 and detainer provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5289DP (5) 84 ad/sc

S.F. _____ H.F. _____ Section 1. Section 562B.10, subsection 4, Code 2011, is 1 amended to read as follows: 2 4. Rental agreements shall be for a term of at least one 3 year unless otherwise specified in the rental agreement . 4 Rental agreements shall be canceled terminated by at least 5 sixty days’ written notice given by either party a tenant 6 unless the tenant is terminating the rental agreement pursuant 7 to a section of this chapter which allows for a shorter notice 8 period . A landlord shall not cancel a rental agreement solely 9 for the purpose of making the tenant’s mobile home space 10 available for another mobile home. Rental agreements shall be 11 terminated by a landlord, or not renewed by a landlord, in a 12 time and manner which complies with this chapter. 13 Sec. 2. Section 562B.10, Code 2011, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 4A. a. A landlord may terminate a tenancy 16 during the initial twelve months of the tenancy if the tenant 17 engages in any of the following: 18 (1) A material noncompliance with the rental agreement. 19 (2) A material violation of the manufactured mobile home 20 community or mobile home park rules or regulations. 21 (3) Any other violation of this chapter for which 22 termination is a remedy. 23 b. A landlord may terminate a tenancy after the initial 24 twelve months, or may only fail to renew a tenancy, for any of 25 the following reasons: 26 (1) A legitimate and material business reason the impact of 27 which is not specific to one tenant. 28 (2) A change in the use of the land if a change in the use 29 of the land is included in the rental agreement as grounds for 30 termination or nonrenewal. 31 (3) Any of the reasons included in paragraph “a” . 32 c. A landlord may terminate or not renew a tenancy pursuant 33 to paragraph “b” , subparagraphs (1) and (2), by a written notice 34 given to the tenant at least sixty days prior to the periodic 35 -1- LSB 5289DP (5) 84 ad/sc 1/ 4

S.F. _____ H.F. _____ rental date specified in the notice. The notice shall specify 1 all facts which give rise to the notice of termination or 2 failure to renew. 3 Sec. 3. Section 562B.25, subsection 2, Code 2011, is amended 4 to read as follows: 5 2. If rent is unpaid when due and the tenant fails to pay 6 rent within three fourteen days after written notice by the 7 landlord of nonpayment and of the landlord’s intention to 8 terminate the rental agreement if the rent is not paid within 9 that period of time, the landlord may terminate the rental 10 agreement. 11 Sec. 4. Section 648.3, subsection 1, Code 2011, is amended 12 to read as follows: 13 1. Before action can be brought under any ground specified 14 in section 648.1 , except subsection 1 , three days’ notice to 15 quit must be given to the defendant in writing. However, a 16 landlord who has given a tenant three days’ notice to pay rent 17 and has terminated the tenancy as provided in section 562A.27, 18 subsection 2 , or fourteen days’ notice to pay rent as provided 19 in section 562B.25, subsection 2 , if the tenant is renting the 20 manufactured or mobile home or the land from the landlord, may 21 commence the action without giving a three-day notice to quit. 22 Sec. 5. Section 648.4, Code 2011, is amended to read as 23 follows: 24 648.4 Notice terminating tenancy. 25 When the tenancy is at will and the action is based on the 26 ground of the nonpayment of rent when due, no notice of the 27 termination of the tenancy other than the three-day notice , or, 28 if the tenant is renting the manufactured or mobile home or the 29 land from the landlord, the fourteen-day notice pursuant to 30 section 562B.25, subsection 2, need be given before beginning 31 the action. 32 EXPLANATION 33 This bill makes changes relating to tenancy in mobile home 34 parks and manufactured home communities. 35 -2- LSB 5289DP (5) 84 ad/sc 2/ 4

S.F. _____ H.F. _____ The bill amends Code section 562B.10 to provide that the term 1 of a rental agreement shall be for at least one year regardless 2 of whether the rental agreement specifies otherwise. The bill 3 eliminates the right of the landlord to terminate an agreement 4 at the end of the term of the rental agreement upon 60 days’ 5 written notice to the tenant. 6 The bill further amends Code section 562B.10 to provide that 7 a landlord may terminate a tenancy during the initial 12 months 8 of the tenancy if the tenant acts in material noncompliance 9 of the rental agreement, commits a material violation of the 10 manufactured mobile home community or mobile home park rules 11 or regulations, or commits any other violation of Code chapter 12 562B which allows the remedy of termination. 13 The bill provides that a landlord may terminate a tenancy 14 after the initial 12 months or may fail to renew a tenancy for 15 a legitimate and material business reason the impact of which 16 is not specific to one tenant, a change in the use of the land 17 if a change in the use of the land is included in the rental 18 agreement as grounds for termination or nonrenewal, or any 19 reason for termination allowed in the initial 12 months of the 20 tenancy. 21 The bill provides that if a landlord terminates or fails to 22 renew a tenancy for a legitimate and material business reason 23 or a change in the use of the land as allowed in the bill, the 24 landlord shall terminate or fail to renew by a written notice 25 given to the tenant at least 60 days prior to the periodic 26 rental date specified in the notice. The notice must specify 27 all facts which give rise to the notice of termination or 28 failure to renew. 29 The bill amends Code section 562B.25 to increase the number 30 of days from three to 14 in which a tenant has to pay the 31 unpaid rent after written notice is provided to the tenant of 32 nonpayment of the rent. 33 The bill amends Code section 648.3 to provide that a 34 landlord can commence a forcible entry and detainer action 35 -3- LSB 5289DP (5) 84 ad/sc 3/ 4

S.F. _____ H.F. _____ without giving a three-day notice to quit when the landlord 1 has given 14 days’ notice to pay rent as provided in Code 2 section 562B.25. The bill amends Code section 648.4 to add 3 that when the tenancy is at will and the forcible entry and 4 detainer action is based on nonpayment of rent, no notice other 5 than the 14-day notice to pay rent provided to a mobile home 6 or manufactured home tenant pursuant to Code section 562B.25 7 need be given before beginning the forcible entry and detainer 8 action. 9 -4- LSB 5289DP (5) 84 ad/sc 4/ 4