SSB 1204 (LSB 2401XC (2) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON BOUSSELOT)

A BILL FOR

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

    Section 1.  Section 562A.8, subsection 1, paragraph a, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (7)  Service by electronic mail provided that all of the following are true:
   (a)  In a separate addendum to the rental agreement executed by the tenant, the tenant has expressly consented to service of notice using electronic mail for purposes of this chapter.
   (b)  The landlord has delivered the notice to the tenant at the electronic mail address provided by the tenant in the separate addendum described in subparagraph division (a).
   (c)  The tenant has not revoked, in writing, the consent for service by electronic mail, with the burden of proving such revocation being on the tenant.
    Sec. 2.  Section 562A.7, subsection 1, paragraph b, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (7)  Service by electronic mail provided that all of the following are true:
   (a)  In a separate addendum to the rental agreement executed by the landlord, the landlord has expressly consented to service of notice using electronic mail for purposes of this chapter.
   (b)  The tenant has delivered the notice to the landlord at the electronic mail address provided by the landlord in the separate addendum described in subparagraph division (a).
   (c)  The landlord has not revoked, in writing, the consent for service by electronic mail, with the burden of proving such revocation being on the landlord.
    Sec. 3.  Section 562A.29A, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Service by electronic mail provided that all of the following are true:
   (1)  In a separate addendum to the rental agreement executed by the tenant, the tenant has expressly consented to service of notice using electronic mail for purposes of this section.
   (2)  The landlord has delivered the notice to the tenant at the electronic mail address provided by the tenant in the separate addendum described in subparagraph (1).
   (3)  The tenant has not revoked, in writing, the consent for service by electronic mail, with the burden of proving such revocation being on the tenant.
    Sec. 4.  Section 562B.9, subsection 1, paragraph a, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (7)  Service by electronic mail provided that all of the following are true:
   (a)  In a separate addendum to the rental agreement executed by the tenant, the tenant has expressly consented to service of notice using electronic mail for purposes of this chapter.
   (b)  The landlord has delivered the notice to the tenant at the electronic mail address provided by the tenant in the separate addendum described in subparagraph division (a).
   (c)  The tenant has not revoked, in writing, the consent for service by electronic mail, with the burden of proving such revocation being on the tenant.
    Sec. 5.  Section 562B.9, subsection 1, paragraph b, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (7)  Service by electronic mail provided that all of the following are true:
   (a)  In a separate addendum to the rental agreement executed by the landlord, the landlord has expressly consented to service of notice using electronic mail for purposes of this chapter.
   (b)  The tenant has delivered the notice to the landlord at the electronic mail address provided by the landlord in the separate addendum described in subparagraph division (a).
   (c)  The landlord has not revoked, in writing, the consent for service by electronic mail, with the burden of proving such revocation being on the landlord.
    Sec. 6.  Section 562B.27A, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Service by electronic mail provided that all of the following are true:
   (1)  In a separate addendum to the rental agreement executed by the tenant, the tenant has expressly consented to service of notice using electronic mail for purposes of this section.
   (2)  The landlord has delivered the notice to the tenant at the electronic mail address provided by the tenant in the separate addendum described in subparagraph (1).
   (3)  The tenant has not revoked, in writing, the consent for service by electronic mail, with the burden of proving such revocation being on the tenant.
    Sec. 7.  NEW SECTION.  648.3A  Service by electronic mail.
   All notices required or permitted to be served pursuant to sections 648.3, 648.4, and 648.5 may be served upon the tenant by electronic mail provided that all of the following are true:
   1.  In a separate addendum to the rental agreement executed by the tenant, the tenant has expressly consented to service of notice using electronic mail for purposes of this section and sections 648.3, 648.4, and 648.5.
   2.  The landlord has delivered the notice to the tenant at the electronic mail address provided by the tenant in the separate addendum identified in subsection 1.
   3.  The tenant has not revoked, in writing, the consent for service by electronic mail, with the burden of proving such revocation being on the tenant.
    Sec. 8.  Section 648.5, subsection 1, paragraph a, Code 2025, is amended to read as follows:
   a.  An action for forcible entry and detainer shall be brought in a county where all or part of the premises is located. Such an action shall be tried as an equitable action. Upon receipt of the petition, the court shall set a date, time, and place for hearing.  All hearings, including any court-ordered pretrial mediation, shall be held using remote or virtual technology, unless any party files with the court a request for an in-person hearing. The court shall grant a request for an in-person hearing. The court shall set the date of hearing no later than eight days from the filing date, except that the court shall set a later hearing date no later than fifteen days from the date of filing if the plaintiff requests or consents to the later date of hearing.
    Sec. 9.  NEW SECTION.  648.24  Expungement —— sealing of court records.
   1.  In a forcible entry and detainer action, the court records of the action shall be sealed if any of the following occurs:
   a.  The defendant is found not guilty.
   b.  The case is dismissed.
   2.  Upon application of a defendant in an action for forcible entry and detainer, the court shall enter an order sealing the court records of the action under any of the following circumstances:
   a.  The action for forcible entry and detainer was filed against the defendant that was not in violation of the lease due to a clerical error, mistaken identity, or other demonstrable error of the plaintiff.
   b.  The action for forcible entry and detainer was filed in violation of section 562A.36 or 562B.32.
   c.  Seven or more years have passed since the defendant was found guilty in an action for forcible entry and detainer.
   d.  The defendant was found guilty in an action for forcible entry and detainer arising from nonpayment of rent, the tenant has subsequently repaid all rent, fees, and legal costs to the landlord, the landlord consents to the expungement, and the tenant has not been granted relief under this paragraph in the prior seven years.
   3.  Upon application by the defendant of an action for forcible entry and detainer, the court shall hold an evidentiary hearing to determine if the court records should be sealed. The burden of proof shall be on the defendant to demonstrate that the defendant is eligible for expungement pursuant to subsection 2. In making the finding, the court may consider all of the following evidence:
   a.  The testimony of the plaintiff and defendant.
   b.  Documentation related to the action for forcible entry and detainer, including the lease agreement, notices, and court filings.
   c.  Evidence of alleged error or retaliatory conduct, including correspondence, maintenance requests, and city, county, or state code violation reports.
   d.  Any other relevant evidence.
   4.  If the court finds that the defendant has met the burden of proof under subsection 3, the court shall issue an order requiring sealing of the action for forcible entry and detainer record. The order to seal shall do all of the following:
   a.  Direct the court clerk to seal the action for forcible entry and detainer record.
   b.  Prohibit any party from disclosing the existence of the sealed record.
   c.  Provide that the sealed record shall not be considered in any future legal proceedings, including applications for housing.
   5.  Except as provided in subsection 2, paragraph “d”, this section shall not apply to an action for forcible entry and detainer where the judgment for possession was entered against the defendant due to nonpayment of rent, unless the tenant can demonstrate by clear and convincing evidence that the nonpayment of rent was the direct result of the plaintiff’s retaliatory conduct.
   6.  This section does not preclude a landlord from pursuing other legal remedies available to the landlord, including filing a subsequent action for forcible entry and detainer.
   7.  This section does not create an independent cause of action by a tenant for use of lawfully obtained information by a landlord, including information that the court should have but failed to expunge.
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 and modifies provisions related to forcible entry and detainer actions and landlord and tenant law.
   The bill permits tenants and landlords to consent to notice by electronic mail by executing a separate addendum to rental agreements under Code chapters 562A (uniform residential landlord and tenant law) and 562B (manufactured home communities or mobile home parks residential landlord and tenant law). The bill also provides that notice for a forcible entry and detainer action may be served by electronic mail if consented to by the tenant.
   The bill requires that all hearings in a forcible entry and detainer action, unless the parties file a request for an in-person hearing, shall be held using remote or virtual technology.
   The bill requires the court to seal the court records of a forcible entry and detainer if the defendant is found not guilty or the case was dismissed.
   The bill allows the court to seal a forcible entry and detainer action court record upon application by the defendant if any of the following circumstances occur: (1) the action was filed against a tenant that was not in violation of the lease due to a clerical error, mistaken identity, or other demonstrable error made by the landlord, (2) the action was filed in violation of Code section 562A.36 (retaliatory conduct prohibited) or Code section 562B.32 (retaliatory conduct prohibited), (3) seven or more years have passed since the tenant was found guilty in the action, or (4) the tenant was found guilty in an action arising from nonpayment of rent, the tenant subsequently repaid all rent, fees, and legal costs to the landlord, the landlord consents to the expungement, and the tenant has not been granted such relief in the prior seven years.
   The bill requires the court to hold an evidentiary hearing to determine whether the court records for the forcible entry and detainer action should be sealed. The court may consider the following as evidence: (1) the testimony of the plaintiff and defendant, (2) documentation related to the action, (3) evidence of alleged error or retaliatory conduct, and (4) any other relevant evidence.
   The bill provides that if the court finds that the defendant has met the burden of proof, the court shall issue an order requiring sealing the record. The order to seal is required to do the following: (1) direct the court clerk to seal the court record, (2) prohibit any party from disclosing the existence of the sealed record, and (3) provide that the sealed record shall not be considered in any future legal proceedings.
   The bill does not apply to an action arising from the nonpayment of rent unless the nonpayment of rent was the direct result of the landlord’s retaliatory conduct except as otherwise provided in the bill.
   The bill does not prohibit a landlord from pursuing other legal remedies available to the landlord.
   The bill does not create an independent cause of action by a tenant for use of lawfully obtained information, including information that the court should have but failed to expunge.