HF 983 (LSB 2581HV (1) 91)

HOUSE FILE 983

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 261)

(COMPANION TO SF 421 BY SHIPLEY)

A BILL FOR

An Act relating to property law by modifying provisions related to landlord and tenant law and forcible entry and detainer actions, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 562A.6, subsection 10, Code 2025, is amended to read as follows:
   10.  “Rent” means a payment to be made to the landlord under the rental agreement, including base rent, utilities, late fees, and other payments made by the tenant to the landlord under the rental agreement.
    Sec. 2.  Section 562A.8, subsection 2, Code 2025, is amended to read as follows:
   2.  Notice served by mail under this section is deemed completed four days after the notice is deposited in the mail and postmarked for delivery, whether or not the recipient signs a receipt for the notice.  In computing the time for completion of service, the first day shall be excluded and the final day shall be included regardless of whether the fourth day is a Saturday, Sunday, or federal holiday.
    Sec. 3.  Section 562A.11, subsection 3, Code 2025, is amended to read as follows:
   3.  A provision prohibited by this section included in a rental agreement is unenforceable. If a landlord willfully uses enforces a provision in a rental agreement containing provisions known by the landlord to be prohibited, a tenant may recover actual damages sustained by the tenant and not more than three months’ periodic rent and reasonable attorney fees.
    Sec. 4.  Section 562A.29A, subsection 1, paragraph c, Code 2025, is amended to read as follows:
   c.  Posting on the primary entrance door of the dwelling unit and mailing by both regular mail and certified mail, as defined in section 618.15, to the address of the dwelling unit or to the tenant’s last known address, if different from the address of the dwelling unit. A notice posted according to this paragraph shall be posted within the applicable time period for serving notice and shall include the date the notice was posted.  A notice delivered under this paragraph that is addressed to all tenants and unknown parties in possession shall be deemed to provide notice to all tenants, occupants, and parties in possession of the premises.
    Sec. 5.  Section 562B.9, subsection 2, Code 2025, is amended to read as follows:
   2.  Notice served by mail under this section is deemed completed four days after the notice is deposited in the mail and postmarked for delivery, whether or not the recipient signs a receipt for the notice.  In computing the time for completion of service, the first day shall be excluded and the final day shall be included regardless of whether the fourth day is a Saturday, Sunday, or federal holiday.
    Sec. 6.  Section 562B.11, subsection 3, Code 2025, is amended to read as follows:
   3.  A provision prohibited by this section included in a rental agreement is unenforceable. If a landlord or tenant knowingly uses enforces a provision in a rental agreement containing provisions known to be prohibited by this chapter, the other party may recover actual damages sustained.
    Sec. 7.  Section 562B.27A, subsection 1, paragraph c, Code 2025, is amended to read as follows:
   c.  Posting on the primary entrance door of the dwelling unit and mailing by both regular mail and certified mail, as defined in section 618.15, to the address of the dwelling unit or to the tenant’s last known address, if different from the address of the dwelling unit. A notice posted according to this paragraph shall be posted within the applicable time period for serving notice and shall include the date the notice was posted.  A notice delivered under this paragraph that is addressed to all tenants and unknown parties in possession shall be deemed to provide notice to all tenants, occupants, and parties in possession of the premises.
    Sec. 8.  Section 648.3, subsection 2, paragraphs a and c, Code 2025, are amended to read as follows:
   a.  Delivery evidenced by an acknowledgment of delivery that is signed and dated by a resident of the premises who is at least eighteen years of age. Delivery A notice delivered under this paragraph that is addressed to all tenants and unknown parties in possession shall be deemed to provide notice to the defendant all tenants, occupants, and parties in possession of the premises.
   c.  Posting on the primary entrance door of the premises and mailing by both regular mail and certified mail, as defined in section 618.15, to the address of the premises or to the defendant’s last known address, if different from the address of the premises. A notice posted according to this paragraph shall be posted within the applicable time period for serving notice and shall include the date the notice was posted.  A notice delivered under this paragraph that is addressed to all tenants and unknown parties in possession shall be deemed to provide notice to all tenants, occupants, and parties in possession of the premises.
    Sec. 9.  Section 648.5, subsection 2, paragraph c, Code 2025, is amended to read as follows:
   c.  If service cannot be made following two attempts using a method specified under paragraph “a” or “b”, by posting on the primary entrance door of the premises and mailing by both regular mail and certified mail, as defined in section 618.15, to the address of the premises or to the defendant’s last known address, if different from the address of the premises. An original notice posted according to this paragraph shall be posted not less than three days prior to the hearing and shall include the date the original notice was posted. Service of original notice by mailing shall occur not less than three days prior to the hearing, but may otherwise occur prior to the two attempts using a method specified under paragraph “a” or “b”.
    Sec. 10.  Section 648.18, Code 2025, is amended to read as follows:
   648.18  Possession —— bar.
   Thirty Ninety days’ peaceable possession with the knowledge of the plaintiff after the cause of action accrues is a bar to this proceeding.
    Sec. 11.  Section 648.22, Code 2025, is amended to read as follows:
   648.22  Judgment —— execution —— costs —— sealing of court records.
   1.  If the defendant is found guilty, judgment shall be entered that the defendant be removed from the premises, and that the plaintiff be put in possession of the premises, and an execution for the defendant’s removal within three days from the judgment shall issue accordingly, to which judgment for costs shall be entered in the judgment docket and lien index, and to which shall be added a clause commanding the officer to collect the costs as in ordinary cases.
   2.  In a residential forcible entry and detainer action, the court records of the action shall be sealed not later than three days from the date of the order, if any of the following occurs:
   a.  The defendant is found not guilty.
   b.  The case is dismissed.
   c.  The plaintiff does not appear for the hearing.
   3.  In a residential forcible entry and detainer action, the court shall enter an order sealing the court records of the action not later than three days from the date of the order if, by motion or upon the court’s own determination, the court finds there is no genuine issue of material fact between the parties.
   4.  Upon application of a defendant found guilty in a residential forcible entry and detainer action for nonpayment of rent, the court shall enter an order sealing the record of the action, the existence of the petition, all filings and documentation within the case file, and any associated writs of execution, if all of the following conditions are met:
   a.  More than seven years have passed since the date of the finding of guilt.
   b.  The applicant has not been found guilty in a subsequent forcible entry and detainer action in the five-year period directly preceding the application.
   c.  The applicant has not previously been granted a sealing of a finding of guilt under this chapter within ten years prior to the application.
   d.  The applicant has paid all court costs, fees, fines, and any other financial obligation ordered by the court or assessed by the clerk of the district court in the case.
   5.  The application to seal the record of the action shall be included in the record the defendant wishes to seal, using a form prescribed by the supreme court.
   6.  In a residential forcible entry and detainer action for nonpayment of rent in which the defendant is found guilty, the court shall enter an order sealing the record of the action, the existence of the petition, all filings and documentation within the case file, and any associated writs of execution, if all of the following conditions are met:
   a.  The application is filed jointly by the plaintiff and defendant.
   b.  The defendant applicant has paid all court costs, fees, fines, and any other financial obligation ordered by the court or assessed by the clerk of the district court in the case.
   7.  Upon sealing, the existence of the petition, all filings and documentation within the case file, and any associated writs of execution shall be removed from any publicly accessible location under the direction of the judicial branch or county, as applicable. The clerk of court shall enter satisfaction of judgment in the judgment docket and lien index. Notwithstanding chapter 22, records sealed upon satisfaction of the requirements specified in this section shall not be available for public inspection except in one of the following manners:
   a.  Upon request by the defendant or the attorney for the defendant by filing a motion in the sealed case.
   b.  Upon application to the judicial branch using a form prescribed by the supreme court for scholarly, educational, journalistic, or governmental purposes only, provided that in all cases, the names of minor children shall remain sealed at all times, and that the names and personally identifiable information of all persons named as defendants or included in the plaintiff’s petition shall be redacted and remain sealed unless the court determines that release of such information is necessary to fulfill the scholarly, educational, journalistic, or governmental purpose of the request.
   c.  State court administration shall maintain a record in the aggregate of all filings and the final disposition of any such actions, to include dismissal, default judgment, and writs associated with disposition. State court administration shall make available to the public and report annually such aggregate information in such a manner prescribed by the supreme court as to protect the identity of the parties while still providing the public with information regarding eviction proceedings.
   8.  Subsections 4 through 7 do not apply to a money judgment awarded for an action that was filed with a forcible entry and detainer action or arising from the same set of facts and circumstances.
   9.  Subsections 3 through 5 do not create an independent cause of action by a tenant for use of lawfully obtained information.
    Sec. 12.  NEW SECTION.  648.22C  Removal of personal property.
   Any personal property of the defendant remaining on the premises after the defendant’s removal under section 648.22 may be immediately disposed of by the plaintiff. Personal property under this section does not include a mobile home as defined in section 562B.7, or the contents therein, unless the mobile home is the premises.
    Sec. 13.  EFFECTIVE DATE.  The following takes effect July 1, 2026:
   The section of this Act amending section 648.22.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to property law.
   The bill defines the term “rent” for purposes of Code chapter 562A (uniform residential landlord and tenant law) to include base rent, utilities, late fees, and other payments made by the tenant to the landlord under the rental agreement. The general assembly made an identical change to the term “rent” in Code chapter 562B (manufactured home communities or mobile home parks residential landlord and tenant law) in 2022.
   The bill provides that in computing time for completion of service under Code chapters 562A and 562B, the first day shall be excluded and the final day shall be included regardless of whether it is a weekend or federal holiday.
   Under current law, a landlord (Code chapter 562A) or a landlord or tenant (Code chapter 562B) is prohibited from willfully (Code chapter 562A) or knowingly (Code chapter 562B) using a rental agreement containing provisions that are prohibited by current law. The bill alters these provisions to instead prohibit enforcing a provision of a rental agreement that is prohibited by current law. The bill allows a landlord access to a mobile home owned by a tenant, after entry of an order of removal of the tenant, to secure the mobile home or mobile home space.
   The bill provides that for Code chapters 562A, 562B, and 648 (forcible entry and detainer), notices delivered by posting on the primary entrance door and mailing to the premises that are addressed to all tenants and unknown parties in possession are deemed to have provided notice to all tenants, occupants, and parties in possession of the premises. For Code chapter 648, this also applies to delivery to a resident of the premises that is at least 18 years old.
   The bill allows service of notice by mail in a forcible entry and detainer case to occur prior to the two attempts of personal service and delivery evidenced by an acknowledgment of service.
   The bill provides that 90 days’ peaceable possession with the knowledge of the plaintiff after the cause of action accrues is a bar to a forcible entry and detainer proceeding. This is a change from 30 days in current law.
   The bill provides that in a forcible entry and detainer action, any personal property of the defendant remaining after removal from the premises may be disposed of by the plaintiff. This does not include a mobile home or its contents unless the mobile home is the premises.
   The bill provides that the defendant’s personal property remaining on the premises after the defendant’s removal may be disposed of by the plaintiff.
   The bill requires a court to seal the court records of an eviction action not later than three days from the date of the order if any of the following have occurred: the defendant is found not guilty, the case is dismissed, the plaintiff does not appear for the hearing, or if, by motion or upon the court’s own determination, the court finds there is no genuine issue of material fact between the parties.
   The bill provides that upon application of a defendant found guilty in an eviction action for nonpayment of rent, the court shall seal the court records if more than seven years have passed since disposition, the applicant has not been found guilty in a subsequent eviction action in the five-year period preceding the application, the applicant within the last 10 years has not been granted a sealing of eviction court records, and the applicant has paid all costs. The application to seal shall be included in the sealed court records.
   The bill requires the court in an eviction action for nonpayment of rent in which the defendant is found guilty to enter an order sealing the court records if the application to seal is filed jointly by the plaintiff and defendant and the defendant has paid all court costs, fees, fines, and any other fees ordered by the court or clerk of the district court in the case. 
   The bill provides that upon sealing the court records, all filings, documentation, and writs of association shall be removed from any publicly accessible location. Sealed court records shall not be available for public inspection except upon request by the defendant or the attorney for the defendant by filing a motion in the sealed case or application to the judicial branch using a form to be prescribed by the supreme court for scholarly, educational, journalistic, or governmental purposes. The bill requires the state court administrator to maintain a record in the aggregate of all filings and to make such information available to the public in such a manner prescribed by the supreme court as to protect the identity of the parties while still providing the public with information relating to eviction actions.
   Under the bill, certain provisions do not apply to an application to seal a record for an eviction action by a defendant found guilty when a money judgment has been awarded to the plaintiff.
   Certain provisions of the bill relating to an application to seal do not create an independent cause of action by a tenant for use of lawfully obtained information.
   The provisions of the bill relating to the sealing of court records take effect July 1, 2026.