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Senate File 463 - IntroducedA Bill ForAn Act 1relating to landlord remedies and procedures relating to
2failure to timely pay rent and forcible entry and detainer.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 562A.9, subsection 4, Code 2019, is
2amended to read as follows:
34. For rental agreements in which the rent does not exceed
4seven hundred dollars per month, a rental agreement shall not
5provide for a late fee that exceeds twelve dollars per day or a
6total amount of sixty dollars per month. For rental agreements
7in which the rent is greater than seven hundred dollars per
8month but less than one thousand four hundred dollars per
9month, a rental agreement shall not provide for a late fee that
10exceeds twenty dollars per day or a total amount of one hundred
11dollars per month. For rental agreements in which the rent is
12at least one thousand four hundred dollars per month, a rental
13agreement shall not provide for a late fee that exceeds two
14percent of the rent per day or a total amount of ten percent of
15the rent per month.
16 Sec. 2. Section 562B.10, subsection 4, Code 2019, is amended
17to read as follows:
184. For rental agreements in which the rent does not exceed
19seven hundred dollars per month, a rental agreement shall not
20provide for a late fee that exceeds twelve dollars per day or a
21total amount of sixty dollars per month. For rental agreements
22in which the rent is greater than seven hundred dollars per
23month but less than one thousand four hundred dollars per
24month, a rental agreement shall not provide for a late fee that
25exceeds twenty dollars per day or a total amount of one hundred
26dollars per month. For rental agreements in which the rent is
27at least one thousand four hundred dollars per month, a rental
28agreement shall not provide for a late fee that exceeds two
29percent of the rent per day or a total amount of ten percent of
30the rent per month.
31 Sec. 3. Section 648.5, subsection 1, Code 2019, is amended
32to read as follows:
331. An action for forcible entry and detainer shall be
34brought in a county where all or part of the premises is
35located. Such an action shall be tried as an equitable action.
-1-1Upon receipt of the petition, the court shall set a date,
2time, and place for hearing. The court shall set the date
3of hearing no later than eight days from the filing date,
4except that the court shall set a later hearing date no later
5than fifteen days from the date of filing if the plaintiff
6requests or consents to the later date of hearing. The
7requirement regarding the setting of the initial hearing is not
8a jurisdictional requirement and does not affect the court’s
9subject matter jurisdiction to hear the action for forcible
10entry and detainer.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to landlord remedies and procedures
15relating to failure to timely pay rent and forcible entry and
16detainer.
17Current law caps late fees on rental agreements in which
18rent is greater than $700 per month at $20 per day and $100 per
19month.
20The bill allows a rental agreement to provide for late fees
21not to exceed 2 percent of the rent per day and 10 percent of
22the rent per month when rent exceeds $1,400 per month.
23The bill also makes a procedural change relating to
24jurisdiction in actions for forcible entry and detainer.
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2failure to timely pay rent and forcible entry and detainer.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 562A.9, subsection 4, Code 2019, is
2amended to read as follows:
34. For rental agreements in which the rent does not exceed
4seven hundred dollars per month, a rental agreement shall not
5provide for a late fee that exceeds twelve dollars per day or a
6total amount of sixty dollars per month. For rental agreements
7in which the rent is greater than seven hundred dollars per
8month but less than one thousand four hundred dollars per
9month, a rental agreement shall not provide for a late fee that
10exceeds twenty dollars per day or a total amount of one hundred
11dollars per month. For rental agreements in which the rent is
12at least one thousand four hundred dollars per month, a rental
13agreement shall not provide for a late fee that exceeds two
14percent of the rent per day or a total amount of ten percent of
15the rent per month.
16 Sec. 2. Section 562B.10, subsection 4, Code 2019, is amended
17to read as follows:
184. For rental agreements in which the rent does not exceed
19seven hundred dollars per month, a rental agreement shall not
20provide for a late fee that exceeds twelve dollars per day or a
21total amount of sixty dollars per month. For rental agreements
22in which the rent is greater than seven hundred dollars per
23month but less than one thousand four hundred dollars per
24month, a rental agreement shall not provide for a late fee that
25exceeds twenty dollars per day or a total amount of one hundred
26dollars per month. For rental agreements in which the rent is
27at least one thousand four hundred dollars per month, a rental
28agreement shall not provide for a late fee that exceeds two
29percent of the rent per day or a total amount of ten percent of
30the rent per month.
31 Sec. 3. Section 648.5, subsection 1, Code 2019, is amended
32to read as follows:
331. An action for forcible entry and detainer shall be
34brought in a county where all or part of the premises is
35located. Such an action shall be tried as an equitable action.
-1-1Upon receipt of the petition, the court shall set a date,
2time, and place for hearing. The court shall set the date
3of hearing no later than eight days from the filing date,
4except that the court shall set a later hearing date no later
5than fifteen days from the date of filing if the plaintiff
6requests or consents to the later date of hearing. The
7requirement regarding the setting of the initial hearing is not
8a jurisdictional requirement and does not affect the court’s
9subject matter jurisdiction to hear the action for forcible
10entry and detainer.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill relates to landlord remedies and procedures
15relating to failure to timely pay rent and forcible entry and
16detainer.
17Current law caps late fees on rental agreements in which
18rent is greater than $700 per month at $20 per day and $100 per
19month.
20The bill allows a rental agreement to provide for late fees
21not to exceed 2 percent of the rent per day and 10 percent of
22the rent per month when rent exceeds $1,400 per month.
23The bill also makes a procedural change relating to
24jurisdiction in actions for forcible entry and detainer.
-2-js/rn