Senate
Study
Bill
1047
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
BOUSSELOT)
A
BILL
FOR
An
Act
relating
to
property
law,
including
manufactured
or
1
mobile
home
retailer
licenses,
rent,
rental
agreements,
2
notice
requirements,
and
possession
of
property.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1760XC
(2)
91
ll/jh
S.F.
_____
Section
1.
Section
562A.6,
subsection
10,
Code
2025,
is
1
amended
to
read
as
follows:
2
10.
“Rent”
means
a
payment
to
be
made
to
the
landlord
under
3
the
rental
agreement
,
including
base
rent,
utilities,
late
4
fees,
and
other
payments
made
by
the
tenant
to
the
landlord
5
under
the
rental
agreement
.
6
Sec.
2.
Section
562A.8,
subsection
2,
Code
2025,
is
amended
7
to
read
as
follows:
8
2.
Notice
served
by
mail
under
this
section
is
deemed
9
completed
four
days
after
the
notice
is
deposited
in
the
mail
10
and
postmarked
for
delivery,
whether
or
not
the
recipient
signs
11
a
receipt
for
the
notice.
In
computing
the
time
for
completion
12
of
service,
the
first
day
shall
be
excluded
and
the
final
day
13
shall
be
included
regardless
of
whether
the
fourth
day
is
a
14
Saturday,
Sunday,
or
federal
holiday.
15
Sec.
3.
Section
562A.11,
subsection
3,
Code
2025,
is
amended
16
to
read
as
follows:
17
3.
A
provision
prohibited
by
this
section
included
in
a
18
rental
agreement
is
unenforceable.
If
a
landlord
willfully
19
uses
enforces
a
provision
in
a
rental
agreement
containing
20
provisions
known
by
the
landlord
to
be
prohibited,
a
tenant
may
21
recover
actual
damages
sustained
by
the
tenant
and
not
more
22
than
three
months’
periodic
rent
and
reasonable
attorney
fees.
23
Sec.
4.
Section
562A.29A,
subsection
1,
paragraph
c,
Code
24
2025,
is
amended
to
read
as
follows:
25
c.
Posting
on
the
primary
entrance
door
of
the
dwelling
26
unit
and
mailing
by
both
regular
mail
and
certified
mail,
as
27
defined
in
section
618.15
,
to
the
address
of
the
dwelling
28
unit
or
to
the
tenant’s
last
known
address,
if
different
from
29
the
address
of
the
dwelling
unit.
A
notice
posted
according
30
to
this
paragraph
shall
be
posted
within
the
applicable
time
31
period
for
serving
notice
and
shall
include
the
date
the
notice
32
was
posted.
A
notice
delivered
under
this
paragraph
that
is
33
addressed
to
all
tenants
and
unknown
parties
in
possession
34
shall
be
deemed
to
provide
notice
to
all
tenants,
occupants,
35
-1-
LSB
1760XC
(2)
91
ll/jh
1/
6
S.F.
_____
and
parties
in
possession
of
the
premises.
1
Sec.
5.
Section
562B.9,
subsection
2,
Code
2025,
is
amended
2
to
read
as
follows:
3
2.
Notice
served
by
mail
under
this
section
is
deemed
4
completed
four
days
after
the
notice
is
deposited
in
the
mail
5
and
postmarked
for
delivery,
whether
or
not
the
recipient
signs
6
a
receipt
for
the
notice.
In
computing
the
time
for
completion
7
of
service,
the
first
day
shall
be
excluded
and
the
final
day
8
shall
be
included
regardless
of
whether
the
fourth
day
is
a
9
Saturday,
Sunday,
or
federal
holiday.
10
Sec.
6.
Section
562B.11,
subsection
3,
Code
2025,
is
amended
11
to
read
as
follows:
12
3.
A
provision
prohibited
by
this
section
included
in
a
13
rental
agreement
is
unenforceable.
If
a
landlord
or
tenant
14
knowingly
uses
enforces
a
provision
in
a
rental
agreement
15
containing
provisions
known
to
be
prohibited
by
this
chapter
,
16
the
other
party
may
recover
actual
damages
sustained.
17
Sec.
7.
Section
562B.20,
subsection
1,
Code
2025,
is
amended
18
to
read
as
follows:
19
1.
A
landlord
shall
not
have
the
right
of
access
to
a
mobile
20
home
owned
by
a
tenant
unless
such
access
is
necessary
to
21
prevent
damage
to
the
mobile
home
space
,
or
is
in
response
to
22
an
emergency
situation
,
or
after
entry
of
an
order
of
removal
23
of
the
tenant,
is
for
the
purpose
of
making
safe
the
mobile
24
home
or
mobile
home
space,
including
securing
or
winterizing
25
the
mobile
home
or
mobile
home
space
.
26
Sec.
8.
Section
562B.27A,
subsection
1,
paragraph
c,
Code
27
2025,
is
amended
to
read
as
follows:
28
c.
Posting
on
the
primary
entrance
door
of
the
dwelling
29
unit
and
mailing
by
both
regular
mail
and
certified
mail,
as
30
defined
in
section
618.15
,
to
the
address
of
the
dwelling
31
unit
or
to
the
tenant’s
last
known
address,
if
different
from
32
the
address
of
the
dwelling
unit.
A
notice
posted
according
33
to
this
paragraph
shall
be
posted
within
the
applicable
time
34
period
for
serving
notice
and
shall
include
the
date
the
notice
35
-2-
LSB
1760XC
(2)
91
ll/jh
2/
6
S.F.
_____
was
posted.
A
notice
delivered
under
this
paragraph
that
is
1
addressed
to
all
tenants
and
unknown
parties
in
possession
2
shall
be
deemed
to
provide
notice
to
all
tenants,
occupants,
3
and
parties
in
possession
of
the
premises.
4
Sec.
9.
Section
648.3,
subsection
2,
paragraphs
a
and
c,
5
Code
2025,
are
amended
to
read
as
follows:
6
a.
Delivery
evidenced
by
an
acknowledgment
of
delivery
that
7
is
signed
and
dated
by
a
resident
of
the
premises
who
is
at
8
least
eighteen
years
of
age.
Delivery
A
notice
delivered
under
9
this
paragraph
that
is
addressed
to
all
tenants
and
unknown
10
parties
in
possession
shall
be
deemed
to
provide
notice
to
the
11
defendant
all
tenants,
occupants,
and
parties
in
possession
of
12
the
premises
.
13
c.
Posting
on
the
primary
entrance
door
of
the
premises
and
14
mailing
by
both
regular
mail
and
certified
mail,
as
defined
15
in
section
618.15
,
to
the
address
of
the
premises
or
to
the
16
defendant’s
last
known
address,
if
different
from
the
address
17
of
the
premises.
A
notice
posted
according
to
this
paragraph
18
shall
be
posted
within
the
applicable
time
period
for
serving
19
notice
and
shall
include
the
date
the
notice
was
posted.
A
20
notice
delivered
under
this
paragraph
that
is
addressed
to
21
all
tenants
and
unknown
parties
in
possession
shall
be
deemed
22
to
provide
notice
to
all
tenants,
occupants,
and
parties
in
23
possession
of
the
premises.
24
Sec.
10.
Section
648.5,
subsection
2,
paragraph
c,
Code
25
2025,
is
amended
to
read
as
follows:
26
c.
If
service
cannot
be
made
following
two
attempts
using
27
a
method
specified
under
paragraph
“a”
or
“b”
,
by
posting
on
28
the
primary
entrance
door
of
the
premises
and
mailing
by
both
29
regular
mail
and
certified
mail,
as
defined
in
section
618.15
,
30
to
the
address
of
the
premises
or
to
the
defendant’s
last
known
31
address,
if
different
from
the
address
of
the
premises.
An
32
original
notice
posted
according
to
this
paragraph
shall
be
33
posted
not
less
than
three
days
prior
to
the
hearing
and
shall
34
include
the
date
the
original
notice
was
posted.
Service
of
35
-3-
LSB
1760XC
(2)
91
ll/jh
3/
6
S.F.
_____
original
notice
by
mailing
shall
occur
not
less
than
three
days
1
prior
to
the
hearing
,
but
may
otherwise
occur
prior
to
the
two
2
attempts
using
a
method
specified
under
paragraph
“a”
or
“b”
.
3
Sec.
11.
Section
648.18,
Code
2025,
is
amended
to
read
as
4
follows:
5
648.18
Possession
——
bar.
6
Thirty
Ninety
days’
peaceable
possession
with
the
knowledge
7
of
the
plaintiff
after
the
cause
of
action
accrues
is
a
bar
to
8
this
proceeding.
9
Sec.
12.
Section
648.22,
Code
2025,
is
amended
to
read
as
10
follows:
11
648.22
Judgment
——
execution
——
costs.
12
1.
If
the
defendant
is
found
guilty,
judgment
shall
be
13
entered
that
the
defendant
be
removed
from
the
premises,
and
14
that
the
plaintiff
be
put
in
possession
of
the
premises,
and
15
an
execution
for
the
defendant’s
removal
within
three
days
16
from
the
judgment
shall
issue
accordingly,
to
which
shall
be
17
added
a
clause
commanding
the
officer
to
collect
the
costs
as
18
in
ordinary
cases.
19
2.
Any
personal
property
of
the
defendant
remaining
on
the
20
premises
after
the
defendant’s
removal
under
this
section
may
21
be
immediately
disposed
of
by
the
plaintiff.
Personal
property
22
under
this
subsection
does
not
include
a
mobile
home
as
defined
23
in
section
562B.7,
or
the
contents
therein,
unless
the
mobile
24
home
is
the
premises.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
property
law.
29
The
bill
defines
the
term
“rent”
for
purposes
of
Code
chapter
30
562A
(uniform
residential
landlord
and
tenant
law)
to
include
31
base
rent,
utilities,
late
fees,
and
other
payments
made
by
32
the
tenant
to
the
landlord
under
the
rental
agreement.
The
33
general
assembly
made
an
identical
change
to
the
term
“rent”
in
34
Code
chapter
562B
(manufactured
home
communities
or
mobile
home
35
-4-
LSB
1760XC
(2)
91
ll/jh
4/
6
S.F.
_____
parks
residential
landlord
and
tenant
law)
in
2022.
1
The
bill
provides
that
in
computing
time
for
completion
of
2
service
under
Code
chapters
562A
and
562B,
the
first
day
shall
3
be
excluded
and
the
final
day
shall
be
included
regardless
of
4
whether
it
is
a
weekend
or
federal
holiday.
5
Under
current
law,
a
landlord
(Code
chapter
562A)
or
a
6
landlord
or
tenant
(Code
chapter
562B)
is
prohibited
from
7
willfully
(Code
chapter
562A)
or
knowingly
(Code
chapter
8
562B)
using
a
rental
agreement
containing
provisions
that
are
9
prohibited
by
current
law.
The
bill
alters
these
provisions
to
10
instead
prohibit
enforcing
a
provision
of
a
rental
agreement
11
that
is
prohibited
by
current
law.
The
bill
allows
a
landlord
12
access
to
a
mobile
home
owned
by
a
tenant,
after
entry
of
an
13
order
of
removal
of
the
tenant,
to
secure
the
mobile
home
or
14
mobile
home
space.
15
The
bill
provides
that
for
Code
chapters
562A,
562B,
and
648
16
(forcible
entry
and
detainer),
notices
delivered
by
posting
on
17
the
primary
entrance
door
and
mailing
to
the
premises
that
are
18
addressed
to
all
tenants
and
unknown
parties
in
possession
are
19
deemed
to
have
provided
notice
to
all
tenants,
occupants,
and
20
parties
in
possession
of
the
premises.
For
Code
chapter
648,
21
this
also
applies
to
delivery
to
a
resident
of
the
premises
22
that
is
at
least
18
years
old.
23
The
bill
allows
service
of
notice
by
mail
in
a
forcible
24
entry
and
detainer
case
to
occur
prior
to
the
two
attempts
of
25
personal
service
and
delivery
evidenced
by
an
acknowledgment
26
of
service.
27
The
bill
provides
that
90
days’
peaceable
possession
with
28
the
knowledge
of
the
plaintiff
after
the
cause
of
action
29
accrues
is
a
bar
to
a
forcible
entry
and
detainer
proceeding.
30
This
is
a
change
from
30
days
in
current
law.
31
The
bill
provides
that
in
a
forcible
entry
and
detainer
32
action,
any
personal
property
of
the
defendant
remaining
after
33
removal
from
the
premises
may
be
disposed
of
by
the
plaintiff.
34
This
does
not
include
a
mobile
home
or
its
contents
unless
the
35
-5-
LSB
1760XC
(2)
91
ll/jh
5/
6
S.F.
_____
mobile
home
is
the
premises.
1
-6-
LSB
1760XC
(2)
91
ll/jh
6/
6