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House Study Bill 125 - IntroducedA Bill ForAn Act 1relating to property law, including manufactured or
2mobile home retailer licenses, rent, rental agreements,
3notice requirements, and possession of property.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 103A.52, subsection 2, Code 2023, is
2amended to read as follows:
32. License fee. The license fee for a manufactured or
4mobile home retailer is an annual fee of one hundred twenty
5 dollars. If the application is denied, the commissioner shall
6refund the fee.
7 Sec. 2. Section 562A.6, subsection 10, Code 2023, is amended
8to read as follows:
910. “Rent” means a payment to be made to the landlord under
10the rental agreement, including base rent, utilities, late
11fees, and other payments made by the tenant to the landlord
12under the rental agreement.
13 Sec. 3. Section 562A.8, subsection 2, Code 2023, is amended
14to read as follows:
152. Notice served by mail under this section is deemed
16completed four days after the notice is deposited in the mail
17and postmarked for delivery, whether or not the recipient signs
18a receipt for the notice. In computing the time for completion
19of service, the first day shall be excluded and the final day
20shall be included regardless of whether the fourth day is a
21Saturday, Sunday, or federal holiday.
22 Sec. 4. Section 562A.11, subsection 3, Code 2023, is amended
23to read as follows:
243. A provision prohibited by this section included in a
25rental agreement is unenforceable. If a landlord willfully
26uses enforces a provision in a rental agreement containing
27provisions known by the landlord to be prohibited, a tenant may
28recover actual damages sustained by the tenant and not more
29than three months’ periodic rent and reasonable attorney fees.
30 Sec. 5. Section 562A.29A, subsection 1, paragraph c, Code
312023, is amended to read as follows:
32c. Posting on the primary entrance door of the dwelling
33unit and mailing by both regular mail and certified mail, as
34defined in section 618.15, to the address of the dwelling
35unit or to the tenant’s last known address, if different from
-1-1the address of the dwelling unit. A notice posted according
2to this paragraph shall be posted within the applicable time
3period for serving notice and shall include the date the notice
4was posted. A notice delivered under this paragraph that is
5addressed to all tenants and unknown parties in possession
6shall be deemed to provide notice to all tenants, occupants,
7and parties in possession of the premises.
8 Sec. 6. Section 562B.9, subsection 2, Code 2023, is amended
9to read as follows:
102. Notice served by mail under this section is deemed
11completed four days after the notice is deposited in the mail
12and postmarked for delivery, whether or not the recipient signs
13a receipt for the notice. In computing the time for completion
14of service, the first day shall be excluded and the final day
15shall be included regardless of whether the fourth day is a
16Saturday, Sunday, or federal holiday.
17 Sec. 7. Section 562B.11, subsection 3, Code 2023, is amended
18to read as follows:
193. A provision prohibited by this section included in a
20rental agreement is unenforceable. If a landlord or tenant
21knowingly uses enforces a provision in a rental agreement
22containing provisions known to be prohibited by this chapter,
23the other party may recover actual damages sustained.
24 Sec. 8. Section 562B.27A, subsection 1, paragraph c, Code
252023, is amended to read as follows:
26c. Posting on the primary entrance door of the dwelling
27unit and mailing by both regular mail and certified mail, as
28defined in section 618.15, to the address of the dwelling
29unit or to the tenant’s last known address, if different from
30the address of the dwelling unit. A notice posted according
31to this paragraph shall be posted within the applicable time
32period for serving notice and shall include the date the notice
33was posted. A notice delivered under this paragraph that is
34addressed to all tenants and unknown parties in possession
35shall be deemed to provide notice to all tenants, occupants,
-2-1and parties in possession of the premises.
2 Sec. 9. Section 648.3, subsection 2, paragraphs a and c,
3Code 2023, are amended to read as follows:
4a. Delivery evidenced by an acknowledgment of delivery that
5is signed and dated by a resident of the premises who is at
6least eighteen years of age. Delivery A notice delivered under
7this paragraph that is addressed to all tenants and unknown
8parties in possession shall be deemed to provide notice to the
9defendant all tenants, occupants, and parties in possession of
10the premises.
11c. Posting on the primary entrance door of the premises and
12mailing by both regular mail and certified mail, as defined
13in section 618.15, to the address of the premises or to the
14defendant’s last known address, if different from the address
15of the premises. A notice posted according to this paragraph
16shall be posted within the applicable time period for serving
17notice and shall include the date the notice was posted. A
18notice delivered under this paragraph that is addressed to
19all tenants and unknown parties in possession shall be deemed
20to provide notice to all tenants, occupants, and parties in
21possession of the premises.
22 Sec. 10. Section 648.5, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. If service cannot be made following two attempts using
25a method specified under paragraph “a” or “b”, by posting on
26the primary entrance door of the premises and mailing by both
27regular mail and certified mail, as defined in section 618.15,
28to the address of the premises or to the defendant’s last known
29address, if different from the address of the premises. An
30original notice posted according to this paragraph shall be
31posted not less than three days prior to the hearing and shall
32include the date the original notice was posted. Service of
33original notice by mailing shall occur not less than three days
34prior to the hearing, but may otherwise occur prior to the two
35attempts using a method specified under paragraph “a” or “b”.
-3-1 Sec. 11. Section 648.18, Code 2023, is amended to read as
2follows:
3648.18 Possession — bar.
4Thirty Ninety days’ peaceable possession with the knowledge
5of the plaintiff after the cause of action accrues is a bar to
6this proceeding.
7 Sec. 12. Section 648.22, Code 2023, is amended to read as
8follows:
9648.22 Judgment — execution — costs.
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
18premises after the defendant’s removal under this section may
19be immediately disposed of by the plaintiff. Personal property
20under this subsection does not include a mobile home as defined
21in section 562B.7, or the contents therein, unless the mobile
22home is the premises.
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 property law.
27The bill increases the annual fee for a manufactured or
28mobile home retailer license from $100 to $120.
29The bill defines the term “rent” for purposes of Code chapter
30562A (uniform residential landlord and tenant law) to include
31base rent, utilities, late fees, and other payments made by
32the tenant to the landlord under the rental agreement. The
33general assembly made an identical change to the term “rent” in
34Code chapter 562B (manufactured home communities or mobile home
35parks residential landlord and tenant law) in 2022.
-4- 1The bill provides that in computing time for completion of
2service under Code chapters 562A and 562B, the first day shall
3be excluded and the final day shall be included regardless of
4whether it is a weekend or federal holiday.
5Under current law, a landlord (Code chapter 562A) or a
6landlord or tenant (Code chapter 562B) is prohibited from
7willfully (Code chapter 562A) or knowingly (Code chapter
8562B) using a rental agreement containing provisions that are
9prohibited by current law. The bill alters these provisions to
10instead prohibit enforcing a provision of a rental agreement
11that is prohibited by current law.
12The bill provides that for Code chapters 562A, 562B, and 648
13(forcible entry and detainer), notices delivered by posting on
14the primary entrance door and mailing to the premises that are
15addressed to all tenants and unknown parties in possession are
16deemed to have provided notice to all tenants, occupants, and
17parties in possession of the premises. For Code chapter 648,
18this also applies to delivery to a resident of the premises
19that is at least 18 years old.
20The bill allows service of notice by mail in a forcible
21entry and detainer case to occur prior to the two attempts of
22personal service and delivery evidenced by an acknowledgment
23of service.
24The bill provides that 90 days’ peaceable possession with
25the knowledge of the plaintiff after the cause of action
26accrues is a bar to a forcible entry and detainer proceeding.
27The bill provides that in a forcible entry and detainer
28action, any personal property of the defendant remaining after
29removal from the premises may be disposed of by the plaintiff.
30This does not include a mobile home or its contents unless the
31mobile home is the premises.
-5-cm/ns
2mobile home retailer licenses, rent, rental agreements,
3notice requirements, and possession of property.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 103A.52, subsection 2, Code 2023, is
2amended to read as follows:
32. License fee. The license fee for a manufactured or
4mobile home retailer is an annual fee of one hundred twenty
5 dollars. If the application is denied, the commissioner shall
6refund the fee.
7 Sec. 2. Section 562A.6, subsection 10, Code 2023, is amended
8to read as follows:
910. “Rent” means a payment to be made to the landlord under
10the rental agreement, including base rent, utilities, late
11fees, and other payments made by the tenant to the landlord
12under the rental agreement.
13 Sec. 3. Section 562A.8, subsection 2, Code 2023, is amended
14to read as follows:
152. Notice served by mail under this section is deemed
16completed four days after the notice is deposited in the mail
17and postmarked for delivery, whether or not the recipient signs
18a receipt for the notice. In computing the time for completion
19of service, the first day shall be excluded and the final day
20shall be included regardless of whether the fourth day is a
21Saturday, Sunday, or federal holiday.
22 Sec. 4. Section 562A.11, subsection 3, Code 2023, is amended
23to read as follows:
243. A provision prohibited by this section included in a
25rental agreement is unenforceable. If a landlord willfully
26uses enforces a provision in a rental agreement containing
27provisions known by the landlord to be prohibited, a tenant may
28recover actual damages sustained by the tenant and not more
29than three months’ periodic rent and reasonable attorney fees.
30 Sec. 5. Section 562A.29A, subsection 1, paragraph c, Code
312023, is amended to read as follows:
32c. Posting on the primary entrance door of the dwelling
33unit and mailing by both regular mail and certified mail, as
34defined in section 618.15, to the address of the dwelling
35unit or to the tenant’s last known address, if different from
-1-1the address of the dwelling unit. A notice posted according
2to this paragraph shall be posted within the applicable time
3period for serving notice and shall include the date the notice
4was posted. A notice delivered under this paragraph that is
5addressed to all tenants and unknown parties in possession
6shall be deemed to provide notice to all tenants, occupants,
7and parties in possession of the premises.
8 Sec. 6. Section 562B.9, subsection 2, Code 2023, is amended
9to read as follows:
102. Notice served by mail under this section is deemed
11completed four days after the notice is deposited in the mail
12and postmarked for delivery, whether or not the recipient signs
13a receipt for the notice. In computing the time for completion
14of service, the first day shall be excluded and the final day
15shall be included regardless of whether the fourth day is a
16Saturday, Sunday, or federal holiday.
17 Sec. 7. Section 562B.11, subsection 3, Code 2023, is amended
18to read as follows:
193. A provision prohibited by this section included in a
20rental agreement is unenforceable. If a landlord or tenant
21knowingly uses enforces a provision in a rental agreement
22containing provisions known to be prohibited by this chapter,
23the other party may recover actual damages sustained.
24 Sec. 8. Section 562B.27A, subsection 1, paragraph c, Code
252023, is amended to read as follows:
26c. Posting on the primary entrance door of the dwelling
27unit and mailing by both regular mail and certified mail, as
28defined in section 618.15, to the address of the dwelling
29unit or to the tenant’s last known address, if different from
30the address of the dwelling unit. A notice posted according
31to this paragraph shall be posted within the applicable time
32period for serving notice and shall include the date the notice
33was posted. A notice delivered under this paragraph that is
34addressed to all tenants and unknown parties in possession
35shall be deemed to provide notice to all tenants, occupants,
-2-1and parties in possession of the premises.
2 Sec. 9. Section 648.3, subsection 2, paragraphs a and c,
3Code 2023, are amended to read as follows:
4a. Delivery evidenced by an acknowledgment of delivery that
5is signed and dated by a resident of the premises who is at
6least eighteen years of age. Delivery A notice delivered under
7this paragraph that is addressed to all tenants and unknown
8parties in possession shall be deemed to provide notice to the
9defendant all tenants, occupants, and parties in possession of
10the premises.
11c. Posting on the primary entrance door of the premises and
12mailing by both regular mail and certified mail, as defined
13in section 618.15, to the address of the premises or to the
14defendant’s last known address, if different from the address
15of the premises. A notice posted according to this paragraph
16shall be posted within the applicable time period for serving
17notice and shall include the date the notice was posted. A
18notice delivered under this paragraph that is addressed to
19all tenants and unknown parties in possession shall be deemed
20to provide notice to all tenants, occupants, and parties in
21possession of the premises.
22 Sec. 10. Section 648.5, subsection 2, paragraph c, Code
232023, is amended to read as follows:
24c. If service cannot be made following two attempts using
25a method specified under paragraph “a” or “b”, by posting on
26the primary entrance door of the premises and mailing by both
27regular mail and certified mail, as defined in section 618.15,
28to the address of the premises or to the defendant’s last known
29address, if different from the address of the premises. An
30original notice posted according to this paragraph shall be
31posted not less than three days prior to the hearing and shall
32include the date the original notice was posted. Service of
33original notice by mailing shall occur not less than three days
34prior to the hearing, but may otherwise occur prior to the two
35attempts using a method specified under paragraph “a” or “b”.
-3-1 Sec. 11. Section 648.18, Code 2023, is amended to read as
2follows:
3648.18 Possession — bar.
4Thirty Ninety days’ peaceable possession with the knowledge
5of the plaintiff after the cause of action accrues is a bar to
6this proceeding.
7 Sec. 12. Section 648.22, Code 2023, is amended to read as
8follows:
9648.22 Judgment — execution — costs.
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
18premises after the defendant’s removal under this section may
19be immediately disposed of by the plaintiff. Personal property
20under this subsection does not include a mobile home as defined
21in section 562B.7, or the contents therein, unless the mobile
22home is the premises.
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 property law.
27The bill increases the annual fee for a manufactured or
28mobile home retailer license from $100 to $120.
29The bill defines the term “rent” for purposes of Code chapter
30562A (uniform residential landlord and tenant law) to include
31base rent, utilities, late fees, and other payments made by
32the tenant to the landlord under the rental agreement. The
33general assembly made an identical change to the term “rent” in
34Code chapter 562B (manufactured home communities or mobile home
35parks residential landlord and tenant law) in 2022.
-4- 1The bill provides that in computing time for completion of
2service under Code chapters 562A and 562B, the first day shall
3be excluded and the final day shall be included regardless of
4whether it is a weekend or federal holiday.
5Under current law, a landlord (Code chapter 562A) or a
6landlord or tenant (Code chapter 562B) is prohibited from
7willfully (Code chapter 562A) or knowingly (Code chapter
8562B) using a rental agreement containing provisions that are
9prohibited by current law. The bill alters these provisions to
10instead prohibit enforcing a provision of a rental agreement
11that is prohibited by current law.
12The bill provides that for Code chapters 562A, 562B, and 648
13(forcible entry and detainer), notices delivered by posting on
14the primary entrance door and mailing to the premises that are
15addressed to all tenants and unknown parties in possession are
16deemed to have provided notice to all tenants, occupants, and
17parties in possession of the premises. For Code chapter 648,
18this also applies to delivery to a resident of the premises
19that is at least 18 years old.
20The bill allows service of notice by mail in a forcible
21entry and detainer case to occur prior to the two attempts of
22personal service and delivery evidenced by an acknowledgment
23of service.
24The bill provides that 90 days’ peaceable possession with
25the knowledge of the plaintiff after the cause of action
26accrues is a bar to a forcible entry and detainer proceeding.
27The bill provides that in a forcible entry and detainer
28action, any personal property of the defendant remaining after
29removal from the premises may be disposed of by the plaintiff.
30This does not include a mobile home or its contents unless the
31mobile home is the premises.
-5-cm/ns