SF 2352 (LSB 6119XS (3) 91)

SENATE FILE 2352

BY  WESTRICH

A BILL FOR

An Act relating to eviction procedures, including tenants who pose a clear and present danger, maximum durations for forcible entry and detainer actions, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 562A.27A, subsection 1, Code 2026, is amended to read as follows:
   1.  Notwithstanding section 562A.27 or 648.3, if a tenant has created or maintained a threat constituting a clear and present danger to the health or safety of other tenants, the landlord, the landlord’s employee or agent, or other persons on or within one thousand feet of the landlord’s property, the landlord, after the service of a single three days’ written notice of termination and notice to quit stating the specific activity causing the clear and present danger, and setting forth the language of subsection 3 which includes certain exemption provisions available to the tenant, may file suit against the tenant for recovery of possession of the premises pursuant to chapter 648 or recover possession of the premises pursuant to subsection 4, in either case except as otherwise provided in subsection 3. The If the landlord files suit pursuant to chapter 648, the petition shall state the incident or incidents giving rise to the notice of termination and notice to quit. The, and the tenant shall be given the opportunity to contest the termination in the court proceedings by notice thereof at least three days prior to the hearing.
    Sec. 2.  Section 562A.27A, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  If a peace officer determines that the tenant has presented a clear and present danger to the health or safety of other tenants, the landlord, the landlord’s employees or agents, or other persons on or within one thousand feet of the landlord’s property as described under subsection 2, and that an exception under subsection 3 does not exist, the peace officer shall, in writing, swear and affirm such facts under penalty of providing false information. The peace officer shall provide the written affirmation to the landlord.
   b.  If after the three-day notice period described under subsection 1 the tenant is still in possession of the premises, the landlord may request that a peace officer remove the tenant and any other persons occupying the premises, and the peace officer shall do so as if an order for removal had been ordered by a court. A court order shall not be required for the peace officer to take action pursuant to this paragraph.
   c.  A peace officer shall be immune from civil liability for any action taken in good faith pursuant to this subsection.
   d.  For purposes of this subsection, “peace officer” means the same as defined in section 801.4.
    Sec. 3.  NEW SECTION.  648.5A  Residential property —— maximum duration of action.
   1.  a.  In an action for forcible entry and detainer brought under this chapter relating to residential property, notwithstanding any other provision of law to the contrary, no more than thirty days shall pass between the date the notice to quit is served and the issuance of the order to quit, if applicable.
   b.  A court shall not toll or extend the time period described in paragraph “a” unless expressly authorized by statute.
   c.  Procedural defects in a forcible entry and detainer action that do not materially prejudice a tenant shall not invalidate such action.
   d.  The supreme court shall adopt court rules to ensure that forcible entry and detainer actions are conducted in a streamlined manner that limit continuances and procedural delays that are not required by due process.
   2.  This section shall be construed to prioritize the prompt return of residential property to lawful occupancy and productive use.
    Sec. 4.  APPLICABILITY.  This Act applies to actions commenced on or after July 1, 2026.
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 eviction procedures involving tenants who pose a clear and present danger and establishes a maximum duration for certain residential forcible entry and detainer actions.
   Under current law, if a tenant creates or maintains a threat constituting a clear and present danger to the health or safety of others, a landlord may file a forcible entry and detainer action after serving a single three-day written notice of termination and notice to quit. The tenant is entitled to contest the termination in court.
   The bill provides that, following service of the three-day notice, the landlord may either file suit under Code chapter 648 (forcible entry and detainer), or recover possession upon a sworn affidavit by a peace officer that the tenant poses a clear and present danger and that an exception does not apply.
   The bill provides that if a peace officer determines that a tenant has presented a clear and present danger and that an exception does not exist, the peace officer must provide a written, sworn affirmation of those facts to the landlord. If the tenant remains in possession after the expiration of the three-day notice period, the landlord may request that a peace officer remove the tenant and other occupants. The peace officer must remove the occupants as if acting pursuant to a court order, and no court order is required for such removal. The bill provides that a peace officer who does so while acting in good faith is immune from civil liability.
   The bill creates a maximum duration for forcible entry and detainer actions involving residential property. The bill provides that not more than 30 days may pass between service of the notice to quit and issuance of the order to quit, if applicable.
   The bill prohibits a court from tolling or extending the 30-day period unless expressly authorized by statute. The bill further provides that procedural defects that do not materially prejudice a tenant do not invalidate the action. The supreme court is directed to adopt court rules to ensure that residential forcible entry and detainer actions are conducted in a streamlined manner that limits continuances and procedural delays not required by due process.
   The bill applies to actions commenced on or after July 1, 2026.