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House File 866 - IntroducedA Bill ForAn Act 1relating to landlords and tenants, including service
2animal requirements, rent late fees, forcible entry and
3detainer property disposal, and peaceable possession, and
4including applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.8C, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7. A request for accommodation made by
4a person under this section must be reasonable under the
5circumstances. A landlord may make other accommodations to the
6person making the request including but not limited to offering
7to relocate the person to another housing unit managed by the
8landlord.
9 Sec. 2. Section 562A.9, subsection 4, Code 2021, is amended
10to read as follows:
114. For rental agreements in which the rent does not exceed
12seven hundred dollars per month, a rental agreement shall not
13provide for a late fee that exceeds twelve dollars per day or a
14total amount of sixty dollars per month. For rental agreements
15in which the rent is greater than seven hundred dollars per
16month but less than one thousand four hundred dollars per
17month, a rental agreement shall not provide for a late fee
18that exceeds twenty dollars per day or a total amount of one
19hundred dollars per month. For rental agreements in which the
20rent is at least one thousand four hundred dollars per month, a
21rental agreement shall not provide for a late fee that exceeds
22two percent of the rent per day or ten percent of the rent per
23month.
24 Sec. 3. Section 562A.11, subsection 2, Code 2021, is amended
25to read as follows:
262. A provision prohibited by subsection 1 included in a
27rental agreement is unenforceable. If a landlord willfully
28uses enforces provisions in a rental agreement containing
29provisions known by the landlord to be prohibited, a tenant may
30recover actual damages sustained by the tenant and not more
31than three months’ periodic rent and reasonable attorney fees.
32 Sec. 4. Section 648.18, Code 2021, is amended to read as
33follows:
34648.18 Possession — bar.
35Thirty days’ peaceable possession with the knowledge of the
-1-1plaintiff after the cause of action accrues is a bar to this
2proceeding. However, this section does not apply to a landlord
3that notifies a tenant in a writing of a breach of a financial
4obligation under a rental agreement entered into under chapter
5562A and the landlord’s intent to enforce such provision.
6 Sec. 5. Section 648.22, Code 2021, is amended to read as
7follows:
8648.22 Judgment — execution — costs — disposal of personal
9property.
101. If the defendant is found guilty, judgment shall be
11entered that the defendant be removed from the premises, and
12that the plaintiff be put in possession of the premises, and
13an execution for the defendant’s removal within three days
14from the judgment shall issue accordingly, to which shall be
15added a clause commanding the officer to collect the costs as
16in ordinary cases.
172. Any personal property of the defendant remaining on the
18plaintiff’s real property after the defendant’s removal under
19this section may be disposed of by the plaintiff.
20 Sec. 6. APPLICABILITY. The following applies to rental
21agreements whose lease terms begin on or after January 1, 2022:
22The section of this Act amending section 562A.9.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to landlord-tenant law. The bill provides
27that the request of a person for an accommodation of a service
28animal must be reasonable under the circumstances and that the
29landlord can accommodate the person by relocating the person to
30another housing unit managed by the landlord.
31The bill provides that for rental agreements where rent is
32more than $700 but less than $1,400 per month, late fees shall
33not exceed $20 per month. Late fees for rental agreements
34where rent is at least $1,400 or more per month shall not
35exceed 2 percent of the rent per day or 10 percent of the
-2-1rent per month. This provision of the bill applies to rental
2agreements whose lease terms begin on or after January 1, 2022.
3The bill provides that if a landlord willfully enforces
4provisions prohibited by Code section 562A.11(1) in a rental
5agreement, the tenant may recover actual damages. Under
6current law, a tenant may recover actual damages if the
7landlord willfully uses prohibited provisions.
8The bill provides that any personal property left on the
9landlord’s property after the defendant’s removal from a
10forcible entry and detainer disposition may be disposed of by
11the landlord.
12The bill provides that a bar to a proceeding from a tenant’s
13peaceful possession with landlord notice does not apply to
14landlords who have notified a tenant in writing of a breach
15of financial obligation under the rental agreement and the
16landlord’s intent to enforce the obligation.
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2animal requirements, rent late fees, forcible entry and
3detainer property disposal, and peaceable possession, and
4including applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.8C, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 7. A request for accommodation made by
4a person under this section must be reasonable under the
5circumstances. A landlord may make other accommodations to the
6person making the request including but not limited to offering
7to relocate the person to another housing unit managed by the
8landlord.
9 Sec. 2. Section 562A.9, subsection 4, Code 2021, is amended
10to read as follows:
114. For rental agreements in which the rent does not exceed
12seven hundred dollars per month, a rental agreement shall not
13provide for a late fee that exceeds twelve dollars per day or a
14total amount of sixty dollars per month. For rental agreements
15in which the rent is greater than seven hundred dollars per
16month but less than one thousand four hundred dollars per
17month, a rental agreement shall not provide for a late fee
18that exceeds twenty dollars per day or a total amount of one
19hundred dollars per month. For rental agreements in which the
20rent is at least one thousand four hundred dollars per month, a
21rental agreement shall not provide for a late fee that exceeds
22two percent of the rent per day or ten percent of the rent per
23month.
24 Sec. 3. Section 562A.11, subsection 2, Code 2021, is amended
25to read as follows:
262. A provision prohibited by subsection 1 included in a
27rental agreement is unenforceable. If a landlord willfully
28uses enforces provisions in a rental agreement containing
29provisions known by the landlord to be prohibited, a tenant may
30recover actual damages sustained by the tenant and not more
31than three months’ periodic rent and reasonable attorney fees.
32 Sec. 4. Section 648.18, Code 2021, is amended to read as
33follows:
34648.18 Possession — bar.
35Thirty days’ peaceable possession with the knowledge of the
-1-1plaintiff after the cause of action accrues is a bar to this
2proceeding. However, this section does not apply to a landlord
3that notifies a tenant in a writing of a breach of a financial
4obligation under a rental agreement entered into under chapter
5562A and the landlord’s intent to enforce such provision.
6 Sec. 5. Section 648.22, Code 2021, is amended to read as
7follows:
8648.22 Judgment — execution — costs — disposal of personal
9property.
101. If the defendant is found guilty, judgment shall be
11entered that the defendant be removed from the premises, and
12that the plaintiff be put in possession of the premises, and
13an execution for the defendant’s removal within three days
14from the judgment shall issue accordingly, to which shall be
15added a clause commanding the officer to collect the costs as
16in ordinary cases.
172. Any personal property of the defendant remaining on the
18plaintiff’s real property after the defendant’s removal under
19this section may be disposed of by the plaintiff.
20 Sec. 6. APPLICABILITY. The following applies to rental
21agreements whose lease terms begin on or after January 1, 2022:
22The section of this Act amending section 562A.9.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to landlord-tenant law. The bill provides
27that the request of a person for an accommodation of a service
28animal must be reasonable under the circumstances and that the
29landlord can accommodate the person by relocating the person to
30another housing unit managed by the landlord.
31The bill provides that for rental agreements where rent is
32more than $700 but less than $1,400 per month, late fees shall
33not exceed $20 per month. Late fees for rental agreements
34where rent is at least $1,400 or more per month shall not
35exceed 2 percent of the rent per day or 10 percent of the
-2-1rent per month. This provision of the bill applies to rental
2agreements whose lease terms begin on or after January 1, 2022.
3The bill provides that if a landlord willfully enforces
4provisions prohibited by Code section 562A.11(1) in a rental
5agreement, the tenant may recover actual damages. Under
6current law, a tenant may recover actual damages if the
7landlord willfully uses prohibited provisions.
8The bill provides that any personal property left on the
9landlord’s property after the defendant’s removal from a
10forcible entry and detainer disposition may be disposed of by
11the landlord.
12The bill provides that a bar to a proceeding from a tenant’s
13peaceful possession with landlord notice does not apply to
14landlords who have notified a tenant in writing of a breach
15of financial obligation under the rental agreement and the
16landlord’s intent to enforce the obligation.
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