Print
House Study Bill 633 - IntroducedA Bill ForAn Act 1relating to unenforceable provisions in rental
2agreements.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 562A.11, subsection 2, Code 2018, is
2amended to read as follows:
32. A provision prohibited by subsection 1 included in a
4rental agreement is unenforceable. If a landlord willfully
5uses enforces provisions in a rental agreement containing
6provisions known by the landlord to be prohibited, a tenant may
7recover actual damages sustained by the tenant and not more
8than three months’ periodic rent and reasonable attorney fees.
9 Sec. 2. Section 562B.11, subsection 2, Code 2018, is amended
10to read as follows:
112. A provision prohibited by subsection 1 included in a
12rental agreement is unenforceable. If a landlord or tenant
13knowingly uses enforces provisions in a rental agreement
14containing provisions known to be prohibited by this chapter,
15the other party may recover actual damages sustained.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to prohibited provisions in rental
20agreements.
21Current law provides that a landlord cannot willfully use
22provisions that the landlord knows are prohibited in a rental
23agreement for a rental property. Current law also provides
24that a landlord or a tenant cannot knowingly use provisions
25that are known to be prohibited in a rental agreement for a
26space at a mobile or manufactured home park.
27The bill provides that landlords cannot willfully enforce
28provisions that the landlord knows are prohibited in a rental
29agreement for a rental property. The bill also provides that a
30landlord or a tenant cannot knowingly enforce provisions known
31to be prohibited in a rental agreement for a space at a mobile
32or manufactured home park.
-1-js/jh
2agreements.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 562A.11, subsection 2, Code 2018, is
2amended to read as follows:
32. A provision prohibited by subsection 1 included in a
4rental agreement is unenforceable. If a landlord willfully
5uses enforces provisions in a rental agreement containing
6provisions known by the landlord to be prohibited, a tenant may
7recover actual damages sustained by the tenant and not more
8than three months’ periodic rent and reasonable attorney fees.
9 Sec. 2. Section 562B.11, subsection 2, Code 2018, is amended
10to read as follows:
112. A provision prohibited by subsection 1 included in a
12rental agreement is unenforceable. If a landlord or tenant
13knowingly uses enforces provisions in a rental agreement
14containing provisions known to be prohibited by this chapter,
15the other party may recover actual damages sustained.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill relates to prohibited provisions in rental
20agreements.
21Current law provides that a landlord cannot willfully use
22provisions that the landlord knows are prohibited in a rental
23agreement for a rental property. Current law also provides
24that a landlord or a tenant cannot knowingly use provisions
25that are known to be prohibited in a rental agreement for a
26space at a mobile or manufactured home park.
27The bill provides that landlords cannot willfully enforce
28provisions that the landlord knows are prohibited in a rental
29agreement for a rental property. The bill also provides that a
30landlord or a tenant cannot knowingly enforce provisions known
31to be prohibited in a rental agreement for a space at a mobile
32or manufactured home park.
-1-js/jh