House
File
638
-
Introduced
HOUSE
FILE
638
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
116)
A
BILL
FOR
An
Act
relating
to
landlord
remedies
and
procedures
relating
to
1
failure
to
timely
pay
rent,
abandonment,
and
forcible
entry
2
and
detainer.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
555B.3,
Code
2019,
is
amended
to
read
as
1
follows:
2
555B.3
Action
for
abandonment
——
jurisdiction.
3
A
real
property
owner
not
requesting
notification
by
the
4
sheriff
as
provided
in
section
555B.2
may
bring
an
action
5
alleging
abandonment
in
the
court
within
the
county
where
the
6
real
property
is
located
provided
that
there
is
no
lien
on
7
the
mobile
home
or
personal
property
other
than
a
tax
lien
8
pursuant
to
chapter
435
.
The
action
shall
be
tried
as
an
9
equitable
action.
Unless
commenced
as
a
small
claim,
the
10
petition
shall
be
presented
to
a
district
judge.
Upon
receipt
11
of
the
petition,
either
the
court
or
the
clerk
of
the
district
12
court
shall
set
a
date
for
a
hearing
not
later
than
fourteen
13
days
from
the
date
of
the
receipt
of
the
petition
,
except
when
14
there
is
a
lien
on
the
mobile
home
or
personal
property,
other
15
than
a
tax
lien,
the
court
or
the
clerk
of
the
district
court
16
shall
set
a
date
for
a
hearing
no
sooner
than
twenty-five
days
17
from
the
date
of
the
receipt
of
the
petition
so
as
to
allow
for
18
service
on
the
lienholder
.
19
Sec.
2.
Section
555B.4,
Code
2019,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
4.
If
a
lien,
other
than
a
tax
lien,
exists
22
on
the
mobile
home
or
personal
property
at
the
time
an
action
23
for
abandonment
is
initiated,
personal
service
pursuant
to
rule
24
of
civil
procedure
1.305
shall
be
made
upon
the
lienholder
25
no
less
than
twenty
days
before
the
hearing.
The
notice
to
26
the
lienholder
shall
describe
the
mobile
home
and
shall
state
27
the
docket,
case
number,
date,
time
at
which
the
hearing
is
28
scheduled,
and
the
lienholder’s
right
to
assert
a
claim
to
29
the
mobile
home
at
the
hearing.
The
notice
shall
also
state
30
that
failure
to
assert
a
claim
to
the
mobile
home
within
the
31
judicial
proceedings
is
deemed
a
waiver
of
all
right,
title,
32
claim,
and
interest
in
the
mobile
home
and
is
deemed
consent
to
33
the
sale
or
disposal
of
the
mobile
home.
If
personal
service
34
upon
the
lienholder
cannot
be
completed
in
time
to
give
the
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lienholder
the
minimum
notice
required
by
this
section,
the
1
court
may
set
a
new
hearing
date.
2
Sec.
3.
Section
555B.8,
subsections
2
and
3,
Code
2019,
are
3
amended
to
read
as
follows:
4
2.
If
Except
as
otherwise
ordered
by
the
court,
if
the
5
mobile
home
owner
or
other
claimant
asserts
a
claim
to
the
6
property,
the
judgment
shall
be
satisfied
before
the
mobile
7
home
owner
or
other
claimant
may
take
possession
of
the
mobile
8
home
or
personal
property.
9
3.
If
no
claim
is
asserted
to
the
mobile
home
or
personal
10
property
or
if
the
judgment
is
not
satisfied
at
the
time
of
11
entry,
an
order
shall
be
entered
allowing
the
real
property
12
owner
to
sell
or
otherwise
dispose
of
the
mobile
home
and
13
personal
property
pursuant
to
section
555B.9
.
If
Except
as
14
otherwise
ordered
by
the
court,
if
a
claimant
satisfies
the
15
judgment
at
the
time
of
entry,
the
court
shall
enter
an
order
16
permitting
and
directing
the
claimant
to
remove
the
mobile
home
17
or
personal
property
from
its
location
within
a
reasonable
time
18
to
be
fixed
by
the
court.
The
court
shall
also
determine
the
19
amount
of
further
rent
or
storage
charges
to
be
paid
by
the
20
claimant
to
the
real
property
owner
at
the
time
of
removal.
21
Sec.
4.
Section
555B.9,
subsections
1,
2,
3,
and
4,
Code
22
2019,
are
amended
to
read
as
follows:
23
1.
Pursuant
to
an
order
for
disposal
under
section
555B.8,
24
subsection
3
,
the
real
property
owner
shall
dispose
of
the
25
mobile
home
and
personal
property
by
public
or
private
sale
in
26
a
commercially
reasonable
manner.
If
the
personal
property
,
27
lienholder,
owner
or
other
claimant
has
asserted
a
claim
to
28
the
mobile
home
or
personal
property
within
the
judicial
29
proceedings
,
that
person
shall
be
notified
of
the
sale
by
30
restricted
certified
mail
not
less
than
five
days
before
the
31
sale.
The
notice
is
deemed
given
upon
the
mailing.
The
real
32
property
owner
may
buy
at
any
public
sale,
and
if
the
mobile
33
home
or
personal
property
is
of
a
type
customarily
sold
in
34
a
recognized
market
or
is
the
subject
of
widely
distributed
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standard
price
quotations,
the
real
property
owner
may
buy
at
a
1
private
sale.
2
2.
A
sale
pursuant
to
subsection
1
transfers
to
the
3
purchaser
for
value,
all
of
the
mobile
home
owner’s
rights
4
in
the
mobile
home
and
personal
property,
and
discharges
the
5
real
property
owner’s
interest
in
the
mobile
home
and
personal
6
property
,
and
any
tax
lien
,
and
any
other
lien
.
The
purchaser
7
takes
free
of
all
rights
and
interests
even
though
the
real
8
property
owner
fails
to
comply
with
the
requirements
of
this
9
chapter
or
of
any
judicial
proceedings,
if
the
purchaser
acts
10
in
good
faith.
11
3.
The
proceeds
of
the
sale
of
mobile
home
and
personal
12
property
shall
be
distributed
as
follows:
13
a.
First,
to
satisfy
the
real
property
owner’s
judgment
14
obtained
under
section
555B.8
.
15
b.
Second,
to
satisfy
any
tax
lien
for
which
a
claim
was
16
asserted
pursuant
to
section
555B.4,
subsection
3
.
17
c.
Third,
to
satisfy
any
other
lien
for
which
a
claim
was
18
asserted
pursuant
to
section
555B.4,
subsection
4.
19
c.
d.
Any
surplus
remaining
after
the
proceeds
are
20
distributed
shall
be
held
by
the
real
property
owner
for
six
21
months.
If
the
mobile
home
owner
fails
to
claim
the
surplus
22
in
that
time,
the
surplus
may
be
retained
by
the
real
property
23
owner.
If
a
deficiency
remains
after
distribution
of
the
24
proceeds,
the
mobile
home
owner
is
liable
for
the
amount
of
the
25
deficiency.
26
4.
Notwithstanding
subsections
1
through
3
,
the
real
27
property
owner
may
propose
to
retain
the
mobile
home
and
28
personal
property
in
satisfaction
of
the
judgment
obtained
29
pursuant
to
section
555B.8
.
Written
notice
of
the
proposal
30
shall
be
sent
to
the
mobile
home
owner
,
lienholder,
or
other
31
claimant,
if
that
person
has
asserted
a
claim
to
the
mobile
32
home
or
personal
property
in
the
judicial
proceedings.
If
33
the
real
property
owner
receives
objection
in
writing
from
34
the
mobile
home
owner
,
lienholder,
or
other
claimant
within
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twenty-one
days
after
the
notice
was
sent,
the
real
property
1
owner
shall
dispose
of
the
mobile
home
and
personal
property
2
pursuant
to
subsection
1
.
If
no
written
objection
is
received
3
by
the
real
property
owner
within
twenty-one
days
after
the
4
notice
was
sent,
the
mobile
home
and
personal
property
may
be
5
retained.
Retention
of
the
mobile
home
and
personal
property
6
discharges
the
judgment
of
the
real
property
owner
,
and
any
tax
7
lien
,
and
any
other
lien
.
8
Sec.
5.
Section
562A.9,
subsection
4,
Code
2019,
is
amended
9
to
read
as
follows:
10
4.
For
rental
agreements
in
which
the
rent
does
not
exceed
11
seven
hundred
dollars
per
month,
a
rental
agreement
shall
not
12
provide
for
a
late
fee
that
exceeds
twelve
dollars
per
day
or
a
13
total
amount
of
sixty
dollars
per
month.
For
rental
agreements
14
in
which
the
rent
is
greater
than
seven
hundred
dollars
per
15
month
but
less
than
one
thousand
four
hundred
dollars
per
16
month
,
a
rental
agreement
shall
not
provide
for
a
late
fee
that
17
exceeds
twenty
dollars
per
day
or
a
total
amount
of
one
hundred
18
dollars
per
month.
For
rental
agreements
in
which
the
rent
is
19
at
least
one
thousand
four
hundred
dollars
per
month,
a
rental
20
agreement
shall
not
provide
for
a
late
fee
that
exceeds
two
21
percent
of
the
rent
per
day
or
a
total
amount
of
ten
percent
of
22
the
rent
per
month.
23
Sec.
6.
Section
562B.10,
subsections
4
and
7,
Code
2019,
are
24
amended
to
read
as
follows:
25
4.
For
rental
agreements
in
which
the
rent
does
not
exceed
26
seven
hundred
dollars
per
month,
a
rental
agreement
shall
not
27
provide
for
a
late
fee
that
exceeds
twelve
dollars
per
day
or
a
28
total
amount
of
sixty
dollars
per
month.
For
rental
agreements
29
in
which
the
rent
is
greater
than
seven
hundred
dollars
per
30
month
but
less
than
one
thousand
four
hundred
dollars
per
31
month
,
a
rental
agreement
shall
not
provide
for
a
late
fee
that
32
exceeds
twenty
dollars
per
day
or
a
total
amount
of
one
hundred
33
dollars
per
month.
For
rental
agreements
in
which
the
rent
is
34
at
least
one
thousand
four
hundred
dollars
per
month,
a
rental
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agreement
shall
not
provide
for
a
late
fee
that
exceeds
two
1
percent
of
the
rent
per
day
or
a
total
amount
of
ten
percent
of
2
the
rent
per
month.
3
7.
a.
If
a
tenant
who
was
sole
owner
of
a
mobile
home
dies
4
during
the
term
of
a
rental
agreement
then
that
person’s
heirs
5
or
legal
representative
or
the
landlord
shall
have
the
right
6
to
cancel
the
tenant’s
lease
by
giving
sixty
days’
written
7
notice
to
the
person’s
heirs
or
legal
representative
or
to
8
the
landlord,
whichever
is
appropriate,
and
the
heirs
or
the
9
legal
representative
shall
have
the
same
rights,
privileges
and
10
liabilities
of
the
original
tenant.
11
b.
(1)
If
a
tenant
who
was
sole
owner
of
a
mobile
home
dies
12
during
the
term
of
a
rental
agreement
resulting
in
the
mobile
13
home
being
abandoned
as
provided
in
section
562B.27,
subsection
14
1,
and
the
landlord
cannot,
despite
due
diligence,
locate
such
15
tenant’s
heirs
or
legal
representatives,
then
the
landlord
may
16
bring
an
action
for
abandonment
as
provided
in
section
555B.3,
17
naming
as
defendants
the
estate
of
the
tenant
and
any
and
all
18
unknown
heirs
of
the
tenant
and,
upon
the
landlord’s
filing
19
of
an
affidavit
that
personal
service
cannot
be
had
on
any
20
heir,
legal
representative,
or
estate
of
the
tenant,
the
court
21
shall
permit
original
notice
of
such
action
to
be
served
by
22
publication
pursuant
to
subparagraph
(2)
of
this
paragraph.
23
(2)
Publication
of
the
original
notice
shall
be
made
24
once
each
week
for
three
consecutive
weeks
in
a
newspaper
of
25
general
circulation
published
in
the
county
where
the
petition
26
is
filed,
as
provided
in
rules
of
civil
procedure
1.313
and
27
1.314.
Service
is
complete
after
the
third
consecutive
weekly
28
publication.
29
(3)
In
the
event
any
tax
lien
or
other
lien
exists
on
30
the
mobile
home,
the
landlord
may
proceed
with
an
action
for
31
abandonment
as
provided
in
section
555B.3,
except
that:
32
(a)
Notice
shall
be
provided
to
the
county
treasurer
as
33
provided
in
section
555B.4,
subsection
3,
if
a
tax
lien
exists.
34
(b)
Personal
service
pursuant
to
rule
of
civil
procedure
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shall
be
made
upon
any
lienholder
no
less
than
twenty
1
days
before
the
hearing.
2
(4)
Any
notice
to
a
lienholder
shall
state
that
failure
3
to
assert
a
claim
to
the
mobile
home
is
deemed
a
waiver
of
4
all
right,
title,
claim,
and
interest
in
the
mobile
home
and
5
is
deemed
consent
to
the
sale
or
disposal
of
the
mobile
home.
6
If
personal
service
upon
the
lienholder
cannot
be
completed
7
in
time
to
give
the
lienholder
the
minimum
notice
required
by
8
subparagraph
(3),
the
court
may
set
a
new
hearing
date.
9
Sec.
7.
Section
648.5,
subsection
1,
Code
2019,
is
amended
10
to
read
as
follows:
11
1.
An
action
for
forcible
entry
and
detainer
shall
be
12
brought
in
a
county
where
all
or
part
of
the
premises
is
13
located.
Such
an
action
shall
be
tried
as
an
equitable
action.
14
Upon
receipt
of
the
petition,
the
court
shall
set
a
date,
15
time,
and
place
for
hearing.
The
court
shall
set
the
date
16
of
hearing
no
later
than
eight
days
from
the
filing
date,
17
except
that
the
court
shall
set
a
later
hearing
date
no
later
18
than
fifteen
days
from
the
date
of
filing
if
the
plaintiff
19
requests
or
consents
to
the
later
date
of
hearing.
The
20
requirement
regarding
the
setting
of
the
initial
hearing
is
not
21
a
jurisdictional
requirement
and
does
not
affect
the
court’s
22
subject
matter
jurisdiction
to
hear
the
action
for
forcible
23
entry
and
detainer.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
landlord
remedies
and
procedures
28
relating
to
failure
to
timely
pay
rent,
abandonment,
and
29
forcible
entry
and
detainer.
30
Current
law
caps
late
fees
on
rental
agreements
in
which
31
rent
is
greater
than
$700
per
month
at
$20
per
day
and
$100
32
per
month.
Current
law
also
allows
an
aggrieved
party
to
33
recover
actual
damages
in
certain
situations
when
a
prohibited
34
provision
is
willingly
or
knowingly
used
in
a
rental
agreement.
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The
bill
allows
a
rental
agreement
to
provide
for
late
fees
1
not
to
exceed
2
percent
of
the
rent
per
day
and
10
percent
of
2
the
rent
per
month
when
rent
exceeds
$1,400
per
month.
3
The
bill
makes
changes
to
the
process
for
an
action
for
4
abandonment
of
mobile
homes.
The
bill
extends
the
time
by
5
which
a
district
court
shall
set
a
hearing
after
receiving
a
6
petition
from
not
later
than
14
days
to
no
sooner
than
25
days
7
when
there
is
a
lien
other
than
a
tax
lien
on
the
mobile
home
8
or
personal
property.
The
bill
provides
notice,
service,
and
9
publication
procedures
in
an
action
for
abandonment
if
the
10
sole
owner
of
a
mobile
home
dies
during
the
term
of
a
rental
11
agreement.
12
The
bill
also
makes
a
procedural
change
relating
to
13
jurisdiction
in
actions
for
forcible
entry
and
detainer.
14
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