H.F. _____ Section 1. Section 562A.11, subsection 2, Code 2018, is 1 amended to read as follows: 2 2. A provision prohibited by subsection 1 included in a 3 rental agreement is unenforceable. If a landlord willfully 4 uses enforces provisions in a rental agreement containing 5 provisions known by the landlord to be prohibited, a tenant may 6 recover actual damages sustained by the tenant and not more 7 than three months’ periodic rent and reasonable attorney fees. 8 Sec. 2. Section 562B.11, subsection 2, Code 2018, is amended 9 to read as follows: 10 2. A provision prohibited by subsection 1 included in a 11 rental agreement is unenforceable. If a landlord or tenant 12 knowingly uses enforces provisions in a rental agreement 13 containing provisions known to be prohibited by this chapter , 14 the other party may recover actual damages sustained. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to prohibited provisions in rental 19 agreements. 20 Current law provides that a landlord cannot willfully use 21 provisions that the landlord knows are prohibited in a rental 22 agreement for a rental property. Current law also provides 23 that a landlord or a tenant cannot knowingly use provisions 24 that are known to be prohibited in a rental agreement for a 25 space at a mobile or manufactured home park. 26 The bill provides that landlords cannot willfully enforce 27 provisions that the landlord knows are prohibited in a rental 28 agreement for a rental property. The bill also provides that a 29 landlord or a tenant cannot knowingly enforce provisions known 30 to be prohibited in a rental agreement for a space at a mobile 31 or manufactured home park. 32 -1- LSB 6158YC (1) 87 js/jh 1/ 1