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Senate File 2106 - IntroducedA Bill ForAn Act 1relating to landlords and tenants, including rental
2property utilities, the definition of rent, and forcible
3entry and detainer actions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 384.84, subsection 4, paragraph d,
2subparagraphs (1) and (2), Code 2022, are amended to read as
3follows:
4(1) Residential or commercial rental property where
5a charge for water service is separately metered and paid
6directly to the city utility or enterprise by the tenant is
7exempt from a lien for delinquent rates or charges associated
8with such water service if the landlord gives written notice to
9the city utility or enterprise that the property is residential
10or commercial rental property and that the tenant is liable
11for the rates or charges. A city utility or enterprise may
12require a deposit not exceeding the usual cost of ninety days
13of water service to be paid to the utility or enterprise. Upon
14receipt, the utility or enterprise shall acknowledge the notice
15and deposit. A written notice shall contain the name of the
16tenant responsible for charges, address of the residential or
17commercial rental property that the tenant is to occupy, and
18the date that the occupancy begins.
19(2) A change in tenant for a residential rental property
20shall require a new written notice to be given to the city
21utility or enterprise within thirty business days of the change
22in tenant. A change in tenant for a commercial rental property
23shall require a new written notice to be given to the city
24utility or enterprise within ten business days of the change
25in tenant. When the tenant moves from the rental property,
26the city utility or enterprise shall return the deposit if the
27water service charges are paid in full.
28 Sec. 2. Section 384.84, subsection 4, paragraph e, Code
292022, is amended to read as follows:
30e. Residential rental property where a charge for any of the
31services of sewer systems, storm water drainage systems, sewage
32treatment, solid waste collection, and solid waste disposal
33is paid directly to the city utility or enterprise by the
34tenant is exempt from a lien for delinquent rates or charges
35associated with such services if the landlord gives written
-1-1notice to the city utility or enterprise that the property is
2residential rental property and that the tenant is liable for
3the rates or charges. A city utility or enterprise may require
4a deposit not exceeding the usual cost of ninety days of the
5services of sewer systems, storm water drainage systems, sewage
6treatment, solid waste collection, and solid waste disposal
7to be paid to the utility or enterprise. A city utility or
8enterprise may require a deposit not exceeding the usual cost
9of sixty days of the services of gas and electric to be paid
10to the utility or enterprise. Upon receipt, the utility or
11enterprise shall acknowledge the notice and deposit. A written
12notice shall contain the name of the tenant responsible for
13the charges, the address of the residential rental property
14that the tenant is to occupy, and the date that the occupancy
15begins. A change in tenant shall require a new written notice
16to be given to the city utility or enterprise within thirty
17business days of the change in tenant. When the tenant moves
18from the rental property, the city utility or enterprise shall
19return the deposit if the charges for the services of gas,
20electric, sewer systems, storm water drainage systems, sewage
21treatment, solid waste collection, and solid waste disposal are
22paid in full. A change in the ownership of the residential
23rental property shall require written notice of such change
24to be given to the city utility or enterprise within thirty
25business days of the completion of the change of ownership.
26The lien exemption for rental property does not apply to
27charges for repairs related to a service of sewer systems,
28storm water drainage systems, sewage treatment, solid waste
29collection, and solid waste disposal if the repair charges
30become delinquent.
31 Sec. 3. Section 562A.6, subsection 10, Code 2022, is amended
32to read as follows:
3310. “Rent” means a payment to be made to the landlord under
34the rental agreement, including base rent, utilities, late
35fees, and other payments made by the tenant to the landlord
-2-1under the rental agreement.
2 Sec. 4. Section 562A.12, subsection 3, paragraph a, Code
32022, is amended by adding the following new subparagraph:
4 NEW SUBPARAGRAPH. (4) To satisfy debts for a tenant’s
5delinquent utility account.
6 Sec. 5. Section 562B.7, subsection 10, Code 2022, is amended
7to read as follows:
810. “Rent” means a payment to be made to the landlord under
9the rental agreement, including base rent, utilities, late
10fees, and other payments made by the tenant to the landlord
11under the rental agreement.
12 Sec. 6. Section 648.5, subsections 1 and 3, Code 2022, are
13amended to read as follows:
141. a. An action for forcible entry and detainer shall
15be brought in a county where all or part of the premises is
16located. Such an action shall be tried as an equitable action.
17Upon receipt of the petition, the court shall set a date, time,
18and place for hearing. The court shall set the date of hearing
19no later than eight days from the filing date, except that the
20court shall set a later hearing date no later than fifteen days
21from the date of filing if the plaintiff requests or consents
22to the later date of hearing.
23b. The requirement regarding the setting of the initial
24hearing in paragraph “a” is not a jurisdictional requirement and
25does not affect the court’s subject matter jurisdiction to hear
26the action for forcible entry and detainer.
273. Service of original notice by mail is deemed completed
28four days after the notice is deposited in the mail and
29postmarked for delivery, whether or not the recipient signs a
30receipt for the original notice. In computing the time for
31completion of service, the first day shall be excluded and the
32final day shall be included regardless of whether the fourth
33day is a Saturday, Sunday, or federal holiday.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-3-1the explanation’s substance by the members of the general assembly.
2This bill relates to landlords and tenants, including
3utilities at rental properties, usage of security deposits,
4the definition of rent, and service and initial hearing dates
5for forcible entry and detainer actions. Under current law,
6for a residential or commercial rental property to be exempt
7from a lien for delinquent rates or charges imposed by a city
8utility or enterprise, a landlord must provide the name of a
9tenant who is responsible for charges to the city utility or
10enterprise when the tenant is delinquent in paying rates or
11charges. A landlord must provide a new notice if a tenant that
12is responsible for a delinquency moves out.
13The bill removes the requirement that a landlord provide
14the name of a tenant that is responsible for a delinquency in
15a notice to a city utility or enterprise. The bill removes
16the requirement that a landlord provide a new notice to a
17city utility or enterprise if the tenant responsible for a
18delinquency moves out.
19The bill expands the definition of “rent” to include base
20rent, utilities, late fees, and other payments made by the
21tenant to the landlord under the rental agreement for purposes
22of Code chapters 562A (residential landlord and tenant law) and
23562B (mobile home park landlord and tenant law).
24The bill provides that the landlord may withhold from a
25tenant’s security deposit amounts as reasonably necessary to
26pay for delinquent utility accounts the tenant was responsible
27to pay during the tenancy.
28Under current law, a court is required to set the date
29of hearing for a forcible entry and detainer no later than
30eight days from the filing date, except that the court shall
31set a later hearing date no later than 15 days from the date
32of filing if the plaintiff requests or consents to the later
33date of hearing. The bill provides that the time requirements
34for the setting of an initial hearing in a forcible entry
35and detainer action are not jurisdictional and do not affect
-4-1subject matter jurisdiction of a court to hear the action. The
2bill also provides that in computing time for completion of
3service of the original notice by mail in a forcible entry and
4detainer action, the first day shall be excluded and the final
5day shall be included regardless of whether the day falls on
6a weekend or federal holiday.
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2property utilities, the definition of rent, and forcible
3entry and detainer actions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 384.84, subsection 4, paragraph d,
2subparagraphs (1) and (2), Code 2022, are amended to read as
3follows:
4(1) Residential or commercial rental property where
5a charge for water service is separately metered and paid
6directly to the city utility or enterprise by the tenant is
7exempt from a lien for delinquent rates or charges associated
8with such water service if the landlord gives written notice to
9the city utility or enterprise that the property is residential
10or commercial rental property and that the tenant is liable
11for the rates or charges. A city utility or enterprise may
12require a deposit not exceeding the usual cost of ninety days
13of water service to be paid to the utility or enterprise. Upon
14receipt, the utility or enterprise shall acknowledge the notice
15and deposit. A written notice shall contain the name of the
16tenant responsible for charges, address of the residential or
17commercial rental property that the tenant is to occupy, and
18the date that the occupancy begins.
19(2) A change in tenant for a residential rental property
20shall require a new written notice to be given to the city
21utility or enterprise within thirty business days of the change
22in tenant. A change in tenant for a commercial rental property
23shall require a new written notice to be given to the city
24utility or enterprise within ten business days of the change
25in tenant. When the tenant moves from the rental property,
26the city utility or enterprise shall return the deposit if the
27water service charges are paid in full.
28 Sec. 2. Section 384.84, subsection 4, paragraph e, Code
292022, is amended to read as follows:
30e. Residential rental property where a charge for any of the
31services of sewer systems, storm water drainage systems, sewage
32treatment, solid waste collection, and solid waste disposal
33is paid directly to the city utility or enterprise by the
34tenant is exempt from a lien for delinquent rates or charges
35associated with such services if the landlord gives written
-1-1notice to the city utility or enterprise that the property is
2residential rental property and that the tenant is liable for
3the rates or charges. A city utility or enterprise may require
4a deposit not exceeding the usual cost of ninety days of the
5services of sewer systems, storm water drainage systems, sewage
6treatment, solid waste collection, and solid waste disposal
7to be paid to the utility or enterprise. A city utility or
8enterprise may require a deposit not exceeding the usual cost
9of sixty days of the services of gas and electric to be paid
10to the utility or enterprise. Upon receipt, the utility or
11enterprise shall acknowledge the notice and deposit. A written
12notice shall contain the name of the tenant responsible for
13the charges, the address of the residential rental property
14that the tenant is to occupy, and the date that the occupancy
15begins. A change in tenant shall require a new written notice
16to be given to the city utility or enterprise within thirty
17business days of the change in tenant. When the tenant moves
18from the rental property, the city utility or enterprise shall
19return the deposit if the charges for the services of gas,
20electric, sewer systems, storm water drainage systems, sewage
21treatment, solid waste collection, and solid waste disposal are
22paid in full. A change in the ownership of the residential
23rental property shall require written notice of such change
24to be given to the city utility or enterprise within thirty
25business days of the completion of the change of ownership.
26The lien exemption for rental property does not apply to
27charges for repairs related to a service of sewer systems,
28storm water drainage systems, sewage treatment, solid waste
29collection, and solid waste disposal if the repair charges
30become delinquent.
31 Sec. 3. Section 562A.6, subsection 10, Code 2022, is amended
32to read as follows:
3310. “Rent” means a payment to be made to the landlord under
34the rental agreement, including base rent, utilities, late
35fees, and other payments made by the tenant to the landlord
-2-1under the rental agreement.
2 Sec. 4. Section 562A.12, subsection 3, paragraph a, Code
32022, is amended by adding the following new subparagraph:
4 NEW SUBPARAGRAPH. (4) To satisfy debts for a tenant’s
5delinquent utility account.
6 Sec. 5. Section 562B.7, subsection 10, Code 2022, is amended
7to read as follows:
810. “Rent” means a payment to be made to the landlord under
9the rental agreement, including base rent, utilities, late
10fees, and other payments made by the tenant to the landlord
11under the rental agreement.
12 Sec. 6. Section 648.5, subsections 1 and 3, Code 2022, are
13amended to read as follows:
141. a. An action for forcible entry and detainer shall
15be brought in a county where all or part of the premises is
16located. Such an action shall be tried as an equitable action.
17Upon receipt of the petition, the court shall set a date, time,
18and place for hearing. The court shall set the date of hearing
19no later than eight days from the filing date, except that the
20court shall set a later hearing date no later than fifteen days
21from the date of filing if the plaintiff requests or consents
22to the later date of hearing.
23b. The requirement regarding the setting of the initial
24hearing in paragraph “a” is not a jurisdictional requirement and
25does not affect the court’s subject matter jurisdiction to hear
26the action for forcible entry and detainer.
273. Service of original notice by mail is deemed completed
28four days after the notice is deposited in the mail and
29postmarked for delivery, whether or not the recipient signs a
30receipt for the original notice. In computing the time for
31completion of service, the first day shall be excluded and the
32final day shall be included regardless of whether the fourth
33day is a Saturday, Sunday, or federal holiday.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-3-1the explanation’s substance by the members of the general assembly.
2This bill relates to landlords and tenants, including
3utilities at rental properties, usage of security deposits,
4the definition of rent, and service and initial hearing dates
5for forcible entry and detainer actions. Under current law,
6for a residential or commercial rental property to be exempt
7from a lien for delinquent rates or charges imposed by a city
8utility or enterprise, a landlord must provide the name of a
9tenant who is responsible for charges to the city utility or
10enterprise when the tenant is delinquent in paying rates or
11charges. A landlord must provide a new notice if a tenant that
12is responsible for a delinquency moves out.
13The bill removes the requirement that a landlord provide
14the name of a tenant that is responsible for a delinquency in
15a notice to a city utility or enterprise. The bill removes
16the requirement that a landlord provide a new notice to a
17city utility or enterprise if the tenant responsible for a
18delinquency moves out.
19The bill expands the definition of “rent” to include base
20rent, utilities, late fees, and other payments made by the
21tenant to the landlord under the rental agreement for purposes
22of Code chapters 562A (residential landlord and tenant law) and
23562B (mobile home park landlord and tenant law).
24The bill provides that the landlord may withhold from a
25tenant’s security deposit amounts as reasonably necessary to
26pay for delinquent utility accounts the tenant was responsible
27to pay during the tenancy.
28Under current law, a court is required to set the date
29of hearing for a forcible entry and detainer no later than
30eight days from the filing date, except that the court shall
31set a later hearing date no later than 15 days from the date
32of filing if the plaintiff requests or consents to the later
33date of hearing. The bill provides that the time requirements
34for the setting of an initial hearing in a forcible entry
35and detainer action are not jurisdictional and do not affect
-4-1subject matter jurisdiction of a court to hear the action. The
2bill also provides that in computing time for completion of
3service of the original notice by mail in a forcible entry and
4detainer action, the first day shall be excluded and the final
5day shall be included regardless of whether the day falls on
6a weekend or federal holiday.
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