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House File 451 - IntroducedA Bill ForAn Act 1relating to the rental of dwelling units and
2manufactured or mobile home spaces by preempting certain
3regulations by cities and counties and the rights of
4landlords to terminate rental agreements.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.304, subsection 11, Code 2017, is
2amended to read as follows:
311. A county shall not adopt or enforce any ordinance or
4regulation in violation of section 562A.27B chapters 562A or
5562B.25B 562B.
6 Sec. 2. Section 364.3, subsection 11, Code 2017, is amended
7to read as follows:
811. A city shall not adopt or enforce any ordinance or
9regulation in violation of section 562A.27B chapter 562A or
10562B.25B 562B.
11 Sec. 3. NEW SECTION. 562A.2A Uniform application.
12To provide for the uniform application of the provisions
13of this chapter, it is intended that the sole regulation of
14the rental of dwelling units and the rights and obligations of
15landlords and tenants shall be under the provisions of this
16chapter, and a city, county, or other governmental entity
17within this state shall not adopt or make any local ordinance,
18rule, or regulation relating to the rental of dwelling units
19and the rights and obligations of landlords and tenants. All
20such local ordinances, rules, or regulations shall be void,
21unenforceable, and of no force or effect as of July 1, 2017.
22 Sec. 4. Section 562A.30, subsection 1, Code 2017, is amended
23to read as follows:
241. Acceptance of performance by the tenant that varies from
25the terms of the rental agreement or rules subsequently adopted
26by the landlord constitutes a waiver of the landlord’s right
27to terminate the rental agreement for that breach, unless the
28landlord and the tenant otherwise agree after the breach has
29occurred.
30 Sec. 5. Section 562A.30, Code 2017, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 3. Except as provided in this chapter, if
33rent is unpaid when due and there is any outstanding balance
34owed by the tenant to the landlord, the entire outstanding
35balance shall be considered rent and shall not constitute
-1-1a waiver of the landlord’s right to terminate the rental
2agreement for that breach in accordance with section 562A.27,
3subsection 2.
4 Sec. 6. NEW SECTION. 562B.2A Uniform application.
5To provide for the uniform application of the provisions of
6this chapter, it is intended that the sole regulation of the
7rental of manufactured or mobile home spaces and the rights
8and obligations of landlords and tenants shall be under the
9provisions of this chapter, and a city, county, or other
10governmental entity within this state shall not adopt or make
11any local ordinance, rule, or regulation relating to the
12rental of manufactured or mobile home spaces and the rights
13and obligations of landlords and tenants. All such local
14ordinances, rules, or regulations shall be void, unenforceable,
15and of no force or effect as of July 1, 2017.
16 Sec. 7. Section 562B.28, Code 2017, is amended to read as
17follows:
18562B.28 Waiver of landlord’s right to terminate.
191. Acceptance of performance by the tenant that varied
20from the terms of the rental agreement or rules subsequently
21adopted by the landlord constitutes a waiver of the landlord’s
22right to terminate the rental agreement for that breach, unless
23otherwise agreed after the breach has occurred.
242. Except as provided in this chapter, if rent is unpaid
25when due and there is any outstanding balance owed by the
26tenant to the landlord, the entire outstanding balance shall
27be considered rent and shall not constitute a waiver of the
28landlord’s right to terminate the rental agreement for that
29breach in accordance with section 562B.25, subsection 2.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill prohibits cities and counties from adopting or
34enforcing an ordinance or regulation that contradicts the
35provisions of Code chapter 562A or 562B.
-2- 1Under current law, a landlord’s acceptance of a tenant’s
2performance that varies from the terms of a rental agreement or
3subsequent rules adopted by the landlord constitutes a waiver
4of the landlord’s right to terminate the rental agreement for
5that breach. The bill provides that such an acceptance is not
6a waiver if the parties otherwise agree after the breach has
7occurred.
8The bill provides that if rent is unpaid when due and there
9is any outstanding balance owed by the tenant to the landlord,
10the entire outstanding balance shall be considered rent and
11shall not constitute a waiver of the landlord’s right to
12terminate the rental agreement for that breach.
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2manufactured or mobile home spaces by preempting certain
3regulations by cities and counties and the rights of
4landlords to terminate rental agreements.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.304, subsection 11, Code 2017, is
2amended to read as follows:
311. A county shall not adopt or enforce any ordinance or
4regulation in violation of section 562A.27B chapters 562A or
5562B.25B 562B.
6 Sec. 2. Section 364.3, subsection 11, Code 2017, is amended
7to read as follows:
811. A city shall not adopt or enforce any ordinance or
9regulation in violation of section 562A.27B chapter 562A or
10562B.25B 562B.
11 Sec. 3. NEW SECTION. 562A.2A Uniform application.
12To provide for the uniform application of the provisions
13of this chapter, it is intended that the sole regulation of
14the rental of dwelling units and the rights and obligations of
15landlords and tenants shall be under the provisions of this
16chapter, and a city, county, or other governmental entity
17within this state shall not adopt or make any local ordinance,
18rule, or regulation relating to the rental of dwelling units
19and the rights and obligations of landlords and tenants. All
20such local ordinances, rules, or regulations shall be void,
21unenforceable, and of no force or effect as of July 1, 2017.
22 Sec. 4. Section 562A.30, subsection 1, Code 2017, is amended
23to read as follows:
241. Acceptance of performance by the tenant that varies from
25the terms of the rental agreement or rules subsequently adopted
26by the landlord constitutes a waiver of the landlord’s right
27to terminate the rental agreement for that breach, unless the
28landlord and the tenant otherwise agree after the breach has
29occurred.
30 Sec. 5. Section 562A.30, Code 2017, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 3. Except as provided in this chapter, if
33rent is unpaid when due and there is any outstanding balance
34owed by the tenant to the landlord, the entire outstanding
35balance shall be considered rent and shall not constitute
-1-1a waiver of the landlord’s right to terminate the rental
2agreement for that breach in accordance with section 562A.27,
3subsection 2.
4 Sec. 6. NEW SECTION. 562B.2A Uniform application.
5To provide for the uniform application of the provisions of
6this chapter, it is intended that the sole regulation of the
7rental of manufactured or mobile home spaces and the rights
8and obligations of landlords and tenants shall be under the
9provisions of this chapter, and a city, county, or other
10governmental entity within this state shall not adopt or make
11any local ordinance, rule, or regulation relating to the
12rental of manufactured or mobile home spaces and the rights
13and obligations of landlords and tenants. All such local
14ordinances, rules, or regulations shall be void, unenforceable,
15and of no force or effect as of July 1, 2017.
16 Sec. 7. Section 562B.28, Code 2017, is amended to read as
17follows:
18562B.28 Waiver of landlord’s right to terminate.
191. Acceptance of performance by the tenant that varied
20from the terms of the rental agreement or rules subsequently
21adopted by the landlord constitutes a waiver of the landlord’s
22right to terminate the rental agreement for that breach, unless
23otherwise agreed after the breach has occurred.
242. Except as provided in this chapter, if rent is unpaid
25when due and there is any outstanding balance owed by the
26tenant to the landlord, the entire outstanding balance shall
27be considered rent and shall not constitute a waiver of the
28landlord’s right to terminate the rental agreement for that
29breach in accordance with section 562B.25, subsection 2.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill prohibits cities and counties from adopting or
34enforcing an ordinance or regulation that contradicts the
35provisions of Code chapter 562A or 562B.
-2- 1Under current law, a landlord’s acceptance of a tenant’s
2performance that varies from the terms of a rental agreement or
3subsequent rules adopted by the landlord constitutes a waiver
4of the landlord’s right to terminate the rental agreement for
5that breach. The bill provides that such an acceptance is not
6a waiver if the parties otherwise agree after the breach has
7occurred.
8The bill provides that if rent is unpaid when due and there
9is any outstanding balance owed by the tenant to the landlord,
10the entire outstanding balance shall be considered rent and
11shall not constitute a waiver of the landlord’s right to
12terminate the rental agreement for that breach.
-3-tr/jh