| 1 | 1 | | House File 983 - Introduced HOUSE FILE 983 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 261) (COMPANION TO SF 421 BY SHIPLEY) A BILL FOR An Act relating to property law by modifying provisions related 1 to landlord and tenant law and forcible entry and detainer 2 actions, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2581HV (1) 91 cm/jh |
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| 3 | 3 | | H.F. 983 Section 1. Section 562A.6, subsection 10, Code 2025, is 1 amended to read as follows: 2 10. Rent means a payment to be made to the landlord under 3 the rental agreement , including base rent, utilities, late 4 fees, and other payments made by the tenant to the landlord 5 under the rental agreement . 6 Sec. 2. Section 562A.8, subsection 2, Code 2025, is amended 7 to read as follows: 8 2. Notice served by mail under this section is deemed 9 completed four days after the notice is deposited in the mail 10 and postmarked for delivery, whether or not the recipient signs 11 a receipt for the notice. In computing the time for completion 12 of service, the first day shall be excluded and the final day 13 shall be included regardless of whether the fourth day is a 14 Saturday, Sunday, or federal holiday. 15 Sec. 3. Section 562A.11, subsection 3, Code 2025, is amended 16 to read as follows: 17 3. A provision prohibited by this section included in a 18 rental agreement is unenforceable. If a landlord willfully 19 uses enforces a provision in a rental agreement containing 20 provisions known by the landlord to be prohibited, a tenant may 21 recover actual damages sustained by the tenant and not more 22 than three months periodic rent and reasonable attorney fees. 23 Sec. 4. Section 562A.29A, subsection 1, paragraph c, Code 24 2025, is amended to read as follows: 25 c. Posting on the primary entrance door of the dwelling 26 unit and mailing by both regular mail and certified mail, as 27 defined in section 618.15 , to the address of the dwelling 28 unit or to the tenants last known address, if different from 29 the address of the dwelling unit. A notice posted according 30 to this paragraph shall be posted within the applicable time 31 period for serving notice and shall include the date the notice 32 was posted. A notice delivered under this paragraph that is 33 addressed to all tenants and unknown parties in possession 34 shall be deemed to provide notice to all tenants, occupants, 35 -1- LSB 2581HV (1) 91 cm/jh 1/ 9 |
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| 5 | 5 | | H.F. 983 and parties in possession of the premises. 1 Sec. 5. Section 562B.9, subsection 2, Code 2025, is amended 2 to read as follows: 3 2. Notice served by mail under this section is deemed 4 completed four days after the notice is deposited in the mail 5 and postmarked for delivery, whether or not the recipient signs 6 a receipt for the notice. In computing the time for completion 7 of service, the first day shall be excluded and the final day 8 shall be included regardless of whether the fourth day is a 9 Saturday, Sunday, or federal holiday. 10 Sec. 6. Section 562B.11, subsection 3, Code 2025, is amended 11 to read as follows: 12 3. A provision prohibited by this section included in a 13 rental agreement is unenforceable. If a landlord or tenant 14 knowingly uses enforces a provision in a rental agreement 15 containing provisions known to be prohibited by this chapter , 16 the other party may recover actual damages sustained. 17 Sec. 7. Section 562B.27A, subsection 1, paragraph c, Code 18 2025, is amended to read as follows: 19 c. Posting on the primary entrance door of the dwelling 20 unit and mailing by both regular mail and certified mail, as 21 defined in section 618.15 , to the address of the dwelling 22 unit or to the tenants last known address, if different from 23 the address of the dwelling unit. A notice posted according 24 to this paragraph shall be posted within the applicable time 25 period for serving notice and shall include the date the notice 26 was posted. A notice delivered under this paragraph that is 27 addressed to all tenants and unknown parties in possession 28 shall be deemed to provide notice to all tenants, occupants, 29 and parties in possession of the premises. 30 Sec. 8. Section 648.3, subsection 2, paragraphs a and c, 31 Code 2025, are amended to read as follows: 32 a. Delivery evidenced by an acknowledgment of delivery that 33 is signed and dated by a resident of the premises who is at 34 least eighteen years of age. Delivery A notice delivered under 35 -2- LSB 2581HV (1) 91 cm/jh 2/ 9 |
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| 7 | 7 | | H.F. 983 this paragraph that is addressed to all tenants and unknown 1 parties in possession shall be deemed to provide notice to the 2 defendant all tenants, occupants, and parties in possession of 3 the premises . 4 c. Posting on the primary entrance door of the premises and 5 mailing by both regular mail and certified mail, as defined 6 in section 618.15 , to the address of the premises or to the 7 defendants last known address, if different from the address 8 of the premises. A notice posted according to this paragraph 9 shall be posted within the applicable time period for serving 10 notice and shall include the date the notice was posted. A 11 notice delivered under this paragraph that is addressed to 12 all tenants and unknown parties in possession shall be deemed 13 to provide notice to all tenants, occupants, and parties in 14 possession of the premises. 15 Sec. 9. Section 648.5, subsection 2, paragraph c, Code 2025, 16 is amended to read as follows: 17 c. If service cannot be made following two attempts using 18 a method specified under paragraph a or b , by posting on 19 the primary entrance door of the premises and mailing by both 20 regular mail and certified mail, as defined in section 618.15 , 21 to the address of the premises or to the defendants last known 22 address, if different from the address of the premises. An 23 original notice posted according to this paragraph shall be 24 posted not less than three days prior to the hearing and shall 25 include the date the original notice was posted. Service of 26 original notice by mailing shall occur not less than three days 27 prior to the hearing , but may otherwise occur prior to the two 28 attempts using a method specified under paragraph a or b . 29 Sec. 10. Section 648.18, Code 2025, is amended to read as 30 follows: 31 648.18 Possession bar. 32 Thirty Ninety days peaceable possession with the knowledge 33 of the plaintiff after the cause of action accrues is a bar to 34 this proceeding. 35 -3- LSB 2581HV (1) 91 cm/jh 3/ 9 |
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| 9 | 9 | | H.F. 983 Sec. 11. Section 648.22, Code 2025, is amended to read as 1 follows: 2 648.22 Judgment execution costs sealing of court 3 records . 4 1. If the defendant is found guilty, judgment shall be 5 entered that the defendant be removed from the premises, and 6 that the plaintiff be put in possession of the premises, and an 7 execution for the defendants removal within three days from 8 the judgment shall issue accordingly, to which judgment for 9 costs shall be entered in the judgment docket and lien index, 10 and to which shall be added a clause commanding the officer to 11 collect the costs as in ordinary cases. 12 2. In a residential forcible entry and detainer action, 13 the court records of the action shall be sealed not later than 14 three days from the date of the order, if any of the following 15 occurs: 16 a. The defendant is found not guilty. 17 b. The case is dismissed. 18 c. The plaintiff does not appear for the hearing. 19 3. In a residential forcible entry and detainer action, the 20 court shall enter an order sealing the court records of the 21 action not later than three days from the date of the order 22 if, by motion or upon the courts own determination, the court 23 finds there is no genuine issue of material fact between the 24 parties. 25 4. Upon application of a defendant found guilty in a 26 residential forcible entry and detainer action for nonpayment 27 of rent, the court shall enter an order sealing the record of 28 the action, the existence of the petition, all filings and 29 documentation within the case file, and any associated writs of 30 execution, if all of the following conditions are met: 31 a. More than seven years have passed since the date of the 32 finding of guilt. 33 b. The applicant has not been found guilty in a subsequent 34 forcible entry and detainer action in the five-year period 35 -4- LSB 2581HV (1) 91 cm/jh 4/ 9 |
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| 11 | 11 | | H.F. 983 directly preceding the application. 1 c. The applicant has not previously been granted a sealing 2 of a finding of guilt under this chapter within ten years prior 3 to the application. 4 d. The applicant has paid all court costs, fees, fines, and 5 any other financial obligation ordered by the court or assessed 6 by the clerk of the district court in the case. 7 5. The application to seal the record of the action shall be 8 included in the record the defendant wishes to seal, using a 9 form prescribed by the supreme court. 10 6. In a residential forcible entry and detainer action for 11 nonpayment of rent in which the defendant is found guilty, the 12 court shall enter an order sealing the record of the action, 13 the existence of the petition, all filings and documentation 14 within the case file, and any associated writs of execution, if 15 all of the following conditions are met: 16 a. The application is filed jointly by the plaintiff and 17 defendant. 18 b. The defendant applicant has paid all court costs, fees, 19 fines, and any other financial obligation ordered by the court 20 or assessed by the clerk of the district court in the case. 21 7. Upon sealing, the existence of the petition, all filings 22 and documentation within the case file, and any associated 23 writs of execution shall be removed from any publicly 24 accessible location under the direction of the judicial branch 25 or county, as applicable. The clerk of court shall enter 26 satisfaction of judgment in the judgment docket and lien index. 27 Notwithstanding chapter 22, records sealed upon satisfaction 28 of the requirements specified in this section shall not be 29 available for public inspection except in one of the following 30 manners: 31 a. Upon request by the defendant or the attorney for the 32 defendant by filing a motion in the sealed case. 33 b. Upon application to the judicial branch using a form 34 prescribed by the supreme court for scholarly, educational, 35 -5- LSB 2581HV (1) 91 cm/jh 5/ 9 |
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| 13 | 13 | | H.F. 983 journalistic, or governmental purposes only, provided that in 1 all cases, the names of minor children shall remain sealed 2 at all times, and that the names and personally identifiable 3 information of all persons named as defendants or included in 4 the plaintiffs petition shall be redacted and remain sealed 5 unless the court determines that release of such information is 6 necessary to fulfill the scholarly, educational, journalistic, 7 or governmental purpose of the request. 8 c. State court administration shall maintain a record in 9 the aggregate of all filings and the final disposition of any 10 such actions, to include dismissal, default judgment, and writs 11 associated with disposition. State court administration shall 12 make available to the public and report annually such aggregate 13 information in such a manner prescribed by the supreme court as 14 to protect the identity of the parties while still providing 15 the public with information regarding eviction proceedings. 16 8. Subsections 4 through 7 do not apply to a money judgment 17 awarded for an action that was filed with a forcible entry 18 and detainer action or arising from the same set of facts and 19 circumstances. 20 9. Subsections 3 through 5 do not create an independent 21 cause of action by a tenant for use of lawfully obtained 22 information. 23 Sec. 12. NEW SECTION . 648.22C Removal of personal property. 24 Any personal property of the defendant remaining on the 25 premises after the defendants removal under section 648.22 may 26 be immediately disposed of by the plaintiff. Personal property 27 under this section does not include a mobile home as defined in 28 section 562B.7, or the contents therein, unless the mobile home 29 is the premises. 30 Sec. 13. EFFECTIVE DATE. The following takes effect July 31 1, 2026: 32 The section of this Act amending section 648.22. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -6- LSB 2581HV (1) 91 cm/jh 6/ 9 |
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| 15 | 15 | | H.F. 983 the explanations substance by the members of the general assembly. 1 This bill relates to property law. 2 The bill defines the term rent for purposes of Code chapter 3 562A (uniform residential landlord and tenant law) to include 4 base rent, utilities, late fees, and other payments made by 5 the tenant to the landlord under the rental agreement. The 6 general assembly made an identical change to the term rent in 7 Code chapter 562B (manufactured home communities or mobile home 8 parks residential landlord and tenant law) in 2022. 9 The bill provides that in computing time for completion of 10 service under Code chapters 562A and 562B, the first day shall 11 be excluded and the final day shall be included regardless of 12 whether it is a weekend or federal holiday. 13 Under current law, a landlord (Code chapter 562A) or a 14 landlord or tenant (Code chapter 562B) is prohibited from 15 willfully (Code chapter 562A) or knowingly (Code chapter 16 562B) using a rental agreement containing provisions that are 17 prohibited by current law. The bill alters these provisions to 18 instead prohibit enforcing a provision of a rental agreement 19 that is prohibited by current law. The bill allows a landlord 20 access to a mobile home owned by a tenant, after entry of an 21 order of removal of the tenant, to secure the mobile home or 22 mobile home space. 23 The bill provides that for Code chapters 562A, 562B, and 648 24 (forcible entry and detainer), notices delivered by posting on 25 the primary entrance door and mailing to the premises that are 26 addressed to all tenants and unknown parties in possession are 27 deemed to have provided notice to all tenants, occupants, and 28 parties in possession of the premises. For Code chapter 648, 29 this also applies to delivery to a resident of the premises 30 that is at least 18 years old. 31 The bill allows service of notice by mail in a forcible 32 entry and detainer case to occur prior to the two attempts of 33 personal service and delivery evidenced by an acknowledgment 34 of service. 35 -7- LSB 2581HV (1) 91 cm/jh 7/ 9 |
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| 17 | 17 | | H.F. 983 The bill provides that 90 days peaceable possession with 1 the knowledge of the plaintiff after the cause of action 2 accrues is a bar to a forcible entry and detainer proceeding. 3 This is a change from 30 days in current law. 4 The bill provides that in a forcible entry and detainer 5 action, any personal property of the defendant remaining after 6 removal from the premises may be disposed of by the plaintiff. 7 This does not include a mobile home or its contents unless the 8 mobile home is the premises. 9 The bill provides that the defendants personal property 10 remaining on the premises after the defendants removal may be 11 disposed of by the plaintiff. 12 The bill requires a court to seal the court records of an 13 eviction action not later than three days from the date of the 14 order if any of the following have occurred: the defendant is 15 found not guilty, the case is dismissed, the plaintiff does not 16 appear for the hearing, or if, by motion or upon the courts 17 own determination, the court finds there is no genuine issue of 18 material fact between the parties. 19 The bill provides that upon application of a defendant found 20 guilty in an eviction action for nonpayment of rent, the court 21 shall seal the court records if more than seven years have 22 passed since disposition, the applicant has not been found 23 guilty in a subsequent eviction action in the five-year period 24 preceding the application, the applicant within the last 10 25 years has not been granted a sealing of eviction court records, 26 and the applicant has paid all costs. The application to seal 27 shall be included in the sealed court records. 28 The bill requires the court in an eviction action for 29 nonpayment of rent in which the defendant is found guilty to 30 enter an order sealing the court records if the application to 31 seal is filed jointly by the plaintiff and defendant and the 32 defendant has paid all court costs, fees, fines, and any other 33 fees ordered by the court or clerk of the district court in the 34 case. 35 -8- LSB 2581HV (1) 91 cm/jh 8/ 9 |
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| 19 | 19 | | H.F. 983 The bill provides that upon sealing the court records, all 1 filings, documentation, and writs of association shall be 2 removed from any publicly accessible location. Sealed court 3 records shall not be available for public inspection except 4 upon request by the defendant or the attorney for the defendant 5 by filing a motion in the sealed case or application to the 6 judicial branch using a form to be prescribed by the supreme 7 court for scholarly, educational, journalistic, or governmental 8 purposes. The bill requires the state court administrator 9 to maintain a record in the aggregate of all filings and to 10 make such information available to the public in such a manner 11 prescribed by the supreme court as to protect the identity of 12 the parties while still providing the public with information 13 relating to eviction actions. 14 Under the bill, certain provisions do not apply to an 15 application to seal a record for an eviction action by a 16 defendant found guilty when a money judgment has been awarded 17 to the plaintiff. 18 Certain provisions of the bill relating to an application to 19 seal do not create an independent cause of action by a tenant 20 for use of lawfully obtained information. 21 The provisions of the bill relating to the sealing of court 22 records take effect July 1, 2026. 23 -9- LSB 2581HV (1) 91 cm/jh 9/ 9 |
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