HSB 531 (LSB 5314YC (2) 86)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE)

A BILL FOR

An Act relating to forcible entry and detainer actions, including granting concurrent jurisdiction to small claims courts over preliminary hearings for certain forcible entry and detainer actions. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 631.1, subsection 2, Code 2016, is amended to read as follows:
   2.  The district court sitting in small claims shall have concurrent jurisdiction of an action for forcible entry and detainer which is based on those grounds set forth in section 648.1, subsections 1, 2, 3, and 5, and 7. When commenced under this chapter, the action shall be a small claim for the purposes of this chapter.
    Sec. 2.  Section 631.1, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  10.  The district court sitting in small claims has concurrent jurisdiction of preliminary hearings under section 648.5, subsection 6, for claims brought in small claims court under subsection 2, and shall enter a judgment of removal if the defendant fails to appear or otherwise defaults, or if the defendant fails to raise a material issue of fact as provided in section 648.5, subsection 6. At such preliminary hearing, the district court sitting in small claims shall examine all occupants of the property present at the hearing to determine whether there are any genuine issues of material fact which constitute a prima facie defense to eviction, on the basis of title or otherwise, and shall file a written record of the examination and the courts’s findings. In accordance with section 648.15, if the defendant resists the plaintiff’s action by putting title in issue, the court shall transfer the case from the small claims docket to be tried by regular equitable proceedings.
    Sec. 3.  Section 648.1, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  Where the vendee has failed to vacate after the forfeiture of a real estate contract under chapter 656.
    Sec. 4.  Section 648.22, Code 2016, is amended to read as follows:
   648.22  Judgment —— execution —— costs.
   If the defendant is found guilty plaintiff establishes the plaintiff’s claim to possession by a preponderance of the evidence, judgment shall be entered that the defendant and all persons holding possession under the defendant be removed from the premises, and that the plaintiff be put in possession of the premises, and an. An execution for the defendant’s removal within three days from the judgment shall issue accordingly, to which shall be added a clause commanding the officer to collect the costs as in ordinary cases.
    Sec. 5.  NEW SECTION.  656.10  Remedy if vendee fails to vacate.
   If, following forfeiture of a real estate contract under this chapter, the vendee fails to vacate the real estate covered by the contract, the vendor may bring an action for forcible entry and detainer under chapter 648.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill creates an action for forcible entry and detainer following the forfeiture of a real estate contract and grants concurrent jurisdiction to the district court sitting in small claim over preliminary hearings for certain forcible entry and detainer actions.
   The bill provides that an action for forcible entry and detainer is allowed where the vendee of a real estate contract fails to vacate after a valid forfeiture of the contract under Code chapter 656.
   The bill further provides that the district court sitting in small claims has concurrent jurisdiction of an action for forcible entry and detainer that is based on a vendee failing to vacate after forfeiture of a real estate contract.
   Under current law, a preliminary hearing is held by the district court for forcible entry and detainer actions to determine if a genuine issue of material fact exists. The bill provides that for forcible entry and detainer actions where the plaintiff alleges either that the defendant has by force, intimidation, fraud, or stealth entered upon the prior actual possession of another in real property and detained the property, that a lessee has held over after the termination of the lease, holds contrary to the terms of a lease, or has not paid rent that is due, or that a vendee has failed to vacate after a valid forfeiture of a real estate contract, the district court sitting in small claims has concurrent jurisdiction over such preliminary hearings. If the defendant fails to appear, otherwise defaults, or fails to raise a material issue of fact, the court is required to enter a judgment of removal. If the defendant resists the plaintiff’s action by putting title in issue, the court is required to transfer the case from the small claims docket to be tried by regular equitable proceedings.
   The bill provides that if the plaintiff in an action for forcible entry and detainer establishes the plaintiff’s claim to possession by a preponderance of the evidence, the court shall enter judgment that removes not only the defendant but all persons holding possession under the defendant from the premises and puts the plaintiff in possession of the premises.