HSB 234 (LSB 1595YC (4) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON KAUFMANN)

A BILL FOR

An Act relating to property law, including manufactured or mobile home retailer licenses, rent, rental agreements, notice requirements, and possession of property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 103A.52, subsection 2, Code 2025, is amended to read as follows:
   2.  License fee.  The license fee for a manufactured or mobile home retailer is an annual fee of one hundred twenty dollars. If the application is denied, the commissioner shall refund the fee.
    Sec. 2.  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. 3.  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. 4.  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. 5.  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. 6.  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. 7.  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. 8.  Section 562B.20, subsection 1, Code 2025, is amended to read as follows:
   1.  A landlord shall not have the right of access to a mobile home owned by a tenant unless such access is necessary to prevent damage to the mobile home space, or is in response to an emergency situation, or, after entry of an order of removal of the tenant, is for the purpose of making safe the mobile home or mobile home space, including securing or winterizing the mobile home or mobile home space.
    Sec. 9.  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. 10.  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. 11.  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. 12.  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. 13.  Section 648.22, Code 2025, is amended to read as follows:
   648.22  Judgment —— execution —— costs.
   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 shall be added a clause commanding the officer to collect the costs as in ordinary cases.
   2.  Any personal property of the defendant remaining on the premises after the defendant’s removal under this section may be immediately disposed of by the plaintiff. Personal property under this subsection does not include a mobile home as defined in section 562B.7, or the contents therein, unless the mobile home is the premises.
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 increases the annual fee for a manufactured or mobile home retailer license from $100 to $120.
   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 a landlord from willfully (Code chapter 562A) or knowingly (Code chapter 562B) 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.