Senate File 412 - Reprinted SENATE FILE 412 BY COMMITTEE ON COMMERCE (SUCCESSOR TO SSB 1047) (As Amended and Passed by the Senate May 12, 2025 ) A BILL FOR An Act relating to property law, including rent, rental 1 agreements, notice requirements, and possession of property. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 412 (3) 91 ll/jh/mb
S.F. 412 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 1, paragraph a, Code 7 2025, is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (7) Posting on the primary entrance 9 door of the dwelling unit, with the date the notice was posted 10 included on the notice, and service by electronic mail provided 11 that all of the following are true: 12 (a) In a separate addendum to the rental agreement executed 13 by the tenant, the tenant has expressly consented to service of 14 notice using electronic mail for purposes of this chapter. 15 (b) The landlord has delivered the notice to the tenant 16 at the electronic mail address provided by the tenant in the 17 separate addendum described in subparagraph division (a). 18 (c) The tenant has not revoked, in writing, the consent for 19 service by electronic mail, with the burden of proving such 20 revocation being on the tenant. 21 Sec. 3. Section 562A.8, subsection 1, paragraph b, Code 22 2025, is amended by adding the following new subparagraph: 23 NEW SUBPARAGRAPH . (7) Service by electronic mail provided 24 that all of the following are true: 25 (a) In a separate addendum to the rental agreement executed 26 by the landlord, the landlord has expressly consented to 27 service of notice using electronic mail for purposes of this 28 chapter. 29 (b) The tenant has delivered the notice to the landlord at 30 the electronic mail address provided by the landlord in the 31 separate addendum described in subparagraph division (a). 32 (c) The landlord has not revoked, in writing, the consent 33 for service by electronic mail, with the burden of proving such 34 revocation being on the landlord. 35 -1- SF 412 (3) 91 ll/jh/mb 1/ 9
S.F. 412 Sec. 4. Section 562A.11, subsection 3, Code 2025, is amended 1 to read as follows: 2 3. A provision in a rental agreement that is prohibited by 3 this section included in a rental agreement is unenforceable. 4 If a landlord willfully uses a rental agreement containing 5 provisions known by the landlord to be prohibited enforces 6 a known prohibited provision , a tenant may recover actual 7 damages sustained by the tenant and not more than three months’ 8 periodic rent and reasonable attorney fees. 9 Sec. 5. Section 562A.29A, subsection 1, paragraph c, Code 10 2025, is amended to read as follows: 11 c. Posting on the primary entrance door of the dwelling 12 unit and mailing by both regular mail and certified mail, as 13 defined in section 618.15 , to the address of the dwelling 14 unit or to the tenant’s last known address, if different from 15 the address of the dwelling unit. A notice posted according 16 to this paragraph shall be posted within the applicable time 17 period for serving notice and shall include the date the notice 18 was posted. A notice delivered under this paragraph that is 19 addressed to all tenants and unknown parties in possession 20 shall be deemed to provide notice to all tenants, occupants, 21 and parties in possession of the premises. 22 Sec. 6. Section 562A.29A, subsection 1, Code 2025, is 23 amended by adding the following new paragraph: 24 NEW PARAGRAPH . d. Posting on the primary entrance door of 25 the dwelling unit with the date the notice was posted included 26 on the notice, and service by electronic mail provided that all 27 of the following are true: 28 (1) In a separate addendum to the rental agreement executed 29 by the tenant, the tenant has expressly consented to service of 30 notice using electronic mail for purposes of this section. 31 (2) The landlord has delivered the notice to the tenant 32 at the electronic mail address provided by the tenant in the 33 separate addendum described in subparagraph (1). 34 (3) The tenant has not revoked, in writing, the consent for 35 -2- SF 412 (3) 91 ll/jh/mb 2/ 9
S.F. 412 service by electronic mail, with the burden of proving such 1 revocation being on the tenant. 2 Sec. 7. Section 562B.9, subsection 1, paragraph a, Code 3 2025, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (7) Posting on the primary entrance 5 door of the dwelling unit, with the date the notice was posted 6 included on the notice, and service by electronic mail provided 7 that all of the following are true: 8 (a) In a separate addendum to the rental agreement executed 9 by the tenant, the tenant has expressly consented to service of 10 notice using electronic mail for purposes of this chapter. 11 (b) The landlord has delivered the notice to the tenant 12 at the electronic mail address provided by the tenant in the 13 separate addendum described in subparagraph division (a). 14 (c) The tenant has not revoked, in writing, the consent for 15 service by electronic mail, with the burden of proving such 16 revocation being on the tenant. 17 Sec. 8. Section 562B.9, subsection 1, paragraph b, Code 18 2025, is amended by adding the following new subparagraph: 19 NEW SUBPARAGRAPH . (7) Service by electronic mail provided 20 that all of the following are true: 21 (a) In a separate addendum to the rental agreement executed 22 by the landlord, the landlord has expressly consented to 23 service of notice using electronic mail for purposes of this 24 chapter. 25 (b) The tenant has delivered the notice to the landlord at 26 the electronic mail address provided by the landlord in the 27 separate addendum described in subparagraph division (a). 28 (c) The landlord has not revoked, in writing, the consent 29 for service by electronic mail, with the burden of proving such 30 revocation being on the landlord. 31 Sec. 9. Section 562B.11, subsection 3, Code 2025, is amended 32 to read as follows: 33 3. A provision in a rental agreement that is prohibited by 34 this section included in a rental agreement is unenforceable. 35 -3- SF 412 (3) 91 ll/jh/mb 3/ 9
S.F. 412 If a landlord or tenant knowingly uses a rental agreement 1 containing provisions known to be prohibited by this chapter 2 willfully enforces a known prohibited provision , the other 3 party may recover actual damages sustained. 4 Sec. 10. Section 562B.20, subsection 1, Code 2025, is 5 amended to read as follows: 6 1. A landlord shall not have the right of access to a mobile 7 home owned by a tenant unless such access is necessary to 8 prevent damage to the mobile home space , or is in response to 9 an emergency situation , or after entry of an order of removal 10 of the tenant, is for the purpose of making safe the mobile 11 home or mobile home space, including securing or winterizing 12 the mobile home or mobile home space . 13 Sec. 11. Section 562B.27A, subsection 1, paragraph c, Code 14 2025, is amended to read as follows: 15 c. Posting on the primary entrance door of the dwelling 16 unit and mailing by both regular mail and certified mail, as 17 defined in section 618.15 , to the address of the dwelling 18 unit or to the tenant’s last known address, if different from 19 the address of the dwelling unit. A notice posted according 20 to this paragraph shall be posted within the applicable time 21 period for serving notice and shall include the date the notice 22 was posted. A notice delivered under this paragraph that is 23 addressed to all tenants and unknown parties in possession 24 shall be deemed to provide notice to all tenants, occupants, 25 and parties in possession of the premises. 26 Sec. 12. Section 562B.27A, subsection 1, Code 2025, is 27 amended by adding the following new paragraph: 28 NEW PARAGRAPH . d. Posting on the primary entrance door of 29 the dwelling unit, with the date the notice was posted included 30 on the notice, and service by electronic mail provided that all 31 of the following are true: 32 (1) In a separate addendum to the rental agreement executed 33 by the tenant, the tenant has expressly consented to service of 34 notice using electronic mail for purposes of this section. 35 -4- SF 412 (3) 91 ll/jh/mb 4/ 9
S.F. 412 (2) The landlord has delivered the notice to the tenant 1 at the electronic mail address provided by the tenant in the 2 separate addendum described in subparagraph (1). 3 (3) The tenant has not revoked, in writing, the consent for 4 service by electronic mail, with the burden of proving such 5 revocation being on the tenant. 6 Sec. 13. Section 648.3, subsection 2, paragraphs a and c, 7 Code 2025, are amended to read as follows: 8 a. Delivery evidenced by an acknowledgment of delivery that 9 is signed and dated by a resident of the premises who is at 10 least eighteen years of age. Delivery A notice delivered under 11 this paragraph that is addressed to all tenants and unknown 12 parties in possession shall be deemed to provide notice to the 13 defendant all tenants, occupants, and parties in possession of 14 the premises . 15 c. Posting on the primary entrance door of the premises and 16 mailing by both regular mail and certified mail, as defined 17 in section 618.15 , to the address of the premises or to the 18 defendant’s last known address, if different from the address 19 of the premises. A notice posted according to this paragraph 20 shall be posted within the applicable time period for serving 21 notice and shall include the date the notice was posted. A 22 notice delivered under this paragraph that is addressed to 23 all tenants and unknown parties in possession shall be deemed 24 to provide notice to all tenants, occupants, and parties in 25 possession of the premises. 26 Sec. 14. Section 648.3, subsection 2, Code 2025, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . d. Posting on the primary entrance door of 29 the premises, with the date the notice was posted included on 30 the notice, and service by electronic mail provided that all of 31 the following are true: 32 (1) In a separate addendum to the rental agreement executed 33 by the tenant, the tenant has expressly consented to service 34 of notice using electronic mail for purposes of this section 35 -5- SF 412 (3) 91 ll/jh/mb 5/ 9
S.F. 412 and sections 648.4 and 648.5. 1 (2) The landlord has delivered the notice to the tenant 2 at the electronic mail address provided by the tenant in the 3 separate addendum identified in subparagraph (1). 4 (3) The tenant has not revoked, in writing, the consent for 5 service by electronic mail, with the burden of proving such 6 revocation being on the tenant. 7 Sec. 15. Section 648.5, subsection 1, paragraph a, Code 8 2025, is amended to read as follows: 9 a. An action for forcible entry and detainer shall be 10 brought in a county where all or part of the premises is 11 located. Such an action shall be tried as an equitable action. 12 Upon receipt of the petition, the court shall set a date, time, 13 and place for hearing. The court shall set the date of hearing 14 no later than eight days from the filing date, except that the 15 court shall set a later hearing date no later than fifteen days 16 from the date of filing if the plaintiff requests or consents 17 to the later date of hearing. Upon motion by any party, 18 proceedings, including any court-ordered pretrial mediation, 19 may be conducted by video conference with the parties and other 20 participants if the hearing is able to be conducted in an 21 efficient manner, does not prejudice a substantial right of any 22 party, and appropriate technology is available. A nonmoving 23 party may attend any such hearing in person without further 24 notice, motion, or leave of court. 25 Sec. 16. Section 648.5, subsection 2, paragraph c, Code 26 2025, is amended to read as follows: 27 c. If service cannot be made following two attempts using 28 a method specified under paragraph “a” or “b” , by posting on 29 the primary entrance door of the premises and mailing by both 30 regular mail and certified mail, as defined in section 618.15 , 31 to the address of the premises or to the defendant’s last known 32 address, if different from the address of the premises. An 33 original notice posted according to this paragraph shall be 34 posted not less than three days prior to the hearing and shall 35 -6- SF 412 (3) 91 ll/jh/mb 6/ 9
S.F. 412 include the date the original notice was posted. Service of 1 original notice by mailing shall occur not less than three days 2 prior to the hearing , but may otherwise occur prior to the two 3 attempts using a method specified under paragraph “a” or “b” . 4 Sec. 17. Section 648.18, Code 2025, is amended to read as 5 follows: 6 648.18 Possession —— bar. 7 Thirty Sixty days’ peaceable possession with the knowledge 8 of the plaintiff after the cause of action accrues is a bar to 9 this proceeding. 10 Sec. 18. Section 648.22, Code 2025, is amended to read as 11 follows: 12 648.22 Judgment —— execution —— costs. 13 1. If the defendant is found guilty, judgment shall be 14 entered that the defendant be removed from the premises, and 15 that the plaintiff be put in possession of the premises, and 16 an execution for the defendant’s removal within three days 17 from the judgment shall issue accordingly, to which shall be 18 added a clause commanding the officer to collect the costs as 19 in ordinary cases. 20 2. Any personal property of the defendant remaining on the 21 premises after the defendant’s removal under this section may 22 be immediately disposed of by the plaintiff. Personal property 23 under this subsection does not include a mobile home as defined 24 in section 562B.7, or the contents therein, unless the mobile 25 home is the premises. 26 Sec. 19. NEW SECTION . 648.24 Expungement —— sealing of 27 court records. 28 Upon application of a defendant in an action for forcible 29 entry and detainer, the court shall enter an order sealing 30 the court records of the action under any of the following 31 circumstances: 32 1. a. The action was filed against the defendant for 33 nonpayment of rent and the defendant prevailed on the merits 34 of the case or the case was dismissed because the plaintiff 35 -7- SF 412 (3) 91 ll/jh/mb 7/ 9
S.F. 412 failed to appear. A defendant is deemed to have prevailed 1 on the merits of the case including but not limited to when 2 a court determines that the action for forcible entry and 3 detainer was filed by a plaintiff against a defendant who was 4 not in violation of the lease due to clerical error, mistaken 5 identity, or other demonstrable error of the plaintiff, or 6 was filed by the plaintiff in violation of section 562A.36 or 7 562B.32. 8 b. Expungement of all records by order of the court pursuant 9 to this subsection shall occur within three days of a properly 10 filed application by the defendant requesting expungement of 11 records of an action for nonpayment of rent where the defendant 12 had prevailed on the merits of the case or the case had been 13 dismissed because the plaintiff failed to appear. 14 c. This subsection does not apply if the action was 15 dismissed by the plaintiff for reasons other than a failure to 16 appear on the part of the plaintiff. 17 2. a. The defendant was found guilty in the action for 18 nonpayment of rent and less than seven years has passed, 19 and the defendant’s application requesting expungement is 20 accompanied by the plaintiff’s notarized written consent for 21 expungement of all records on the action and, in such consent, 22 the plaintiff attests that the defendant has made satisfactory 23 payment of unpaid rent and fees owed to the plaintiff under the 24 lease agreement and the defendant has made satisfactory payment 25 of all money judgments associated with the action. 26 b. A landlord shall not be obligated to consent to the 27 request of a tenant to expunge all records on the action under 28 this subsection. 29 c. A tenant may only request expungement of all records 30 on an action for forcible entry and detainer pursuant to this 31 subsection once in a seven-year period. 32 d. The supreme court shall prescribe a plaintiff consent 33 form that may be used for purposes of this subsection and 34 shall provide the form to the public on the judicial branch’s 35 -8- SF 412 (3) 91 ll/jh/mb 8/ 9
S.F. 412 internet site. 1 3. Seven or more years have passed since the defendant was 2 found guilty in an action for forcible entry and detainer based 3 on the grounds of nonpayment of rent when due. 4 -9- SF 412 (3) 91 ll/jh/mb 9/ 9