House Study Bill 234 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to property law, including manufactured or 1 mobile home retailer licenses, rent, rental agreements, 2 notice requirements, and possession of property. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1595YC (4) 91 ll/jh
H.F. _____ Section 1. Section 103A.52, subsection 2, Code 2025, is 1 amended to read as follows: 2 2. License fee. The license fee for a manufactured or 3 mobile home retailer is an annual fee of one hundred twenty 4 dollars. If the application is denied, the commissioner shall 5 refund the fee. 6 Sec. 2. Section 562A.6, subsection 10, Code 2025, is amended 7 to read as follows: 8 10. Rent means a payment to be made to the landlord under 9 the rental agreement , including base rent, utilities, late 10 fees, and other payments made by the tenant to the landlord 11 under the rental agreement . 12 Sec. 3. Section 562A.8, subsection 2, Code 2025, is amended 13 to read as follows: 14 2. Notice served by mail under this section is deemed 15 completed four days after the notice is deposited in the mail 16 and postmarked for delivery, whether or not the recipient signs 17 a receipt for the notice. In computing the time for completion 18 of service, the first day shall be excluded and the final day 19 shall be included regardless of whether the fourth day is a 20 Saturday, Sunday, or federal holiday. 21 Sec. 4. Section 562A.11, subsection 3, Code 2025, is amended 22 to read as follows: 23 3. A provision prohibited by this section included in a 24 rental agreement is unenforceable. If a landlord willfully 25 uses enforces a provision in a rental agreement containing 26 provisions known by the landlord to be prohibited, a tenant may 27 recover actual damages sustained by the tenant and not more 28 than three months periodic rent and reasonable attorney fees. 29 Sec. 5. Section 562A.29A, subsection 1, paragraph c, Code 30 2025, is amended to read as follows: 31 c. Posting on the primary entrance door of the dwelling 32 unit and mailing by both regular mail and certified mail, as 33 defined in section 618.15 , to the address of the dwelling 34 unit or to the tenants last known address, if different from 35 -1- LSB 1595YC (4) 91 ll/jh 1/ 6
H.F. _____ the address of the dwelling unit. A notice posted according 1 to this paragraph shall be posted within the applicable time 2 period for serving notice and shall include the date the notice 3 was posted. A notice delivered under this paragraph that is 4 addressed to all tenants and unknown parties in possession 5 shall be deemed to provide notice to all tenants, occupants, 6 and parties in possession of the premises. 7 Sec. 6. Section 562B.9, subsection 2, Code 2025, is amended 8 to read as follows: 9 2. Notice served by mail under this section is deemed 10 completed four days after the notice is deposited in the mail 11 and postmarked for delivery, whether or not the recipient signs 12 a receipt for the notice. In computing the time for completion 13 of service, the first day shall be excluded and the final day 14 shall be included regardless of whether the fourth day is a 15 Saturday, Sunday, or federal holiday. 16 Sec. 7. Section 562B.11, subsection 3, Code 2025, is amended 17 to read as follows: 18 3. A provision prohibited by this section included in a 19 rental agreement is unenforceable. If a landlord or tenant 20 knowingly uses enforces a provision in a rental agreement 21 containing provisions known to be prohibited by this chapter , 22 the other party may recover actual damages sustained. 23 Sec. 8. Section 562B.20, subsection 1, Code 2025, is amended 24 to read as follows: 25 1. A landlord shall not have the right of access to a mobile 26 home owned by a tenant unless such access is necessary to 27 prevent damage to the mobile home space , or is in response to 28 an emergency situation , or, after entry of an order of removal 29 of the tenant, is for the purpose of making safe the mobile 30 home or mobile home space, including securing or winterizing 31 the mobile home or mobile home space . 32 Sec. 9. Section 562B.27A, subsection 1, paragraph c, Code 33 2025, is amended to read as follows: 34 c. Posting on the primary entrance door of the dwelling 35 -2- LSB 1595YC (4) 91 ll/jh 2/ 6
H.F. _____ unit and mailing by both regular mail and certified mail, as 1 defined in section 618.15 , to the address of the dwelling 2 unit or to the tenants last known address, if different from 3 the address of the dwelling unit. A notice posted according 4 to this paragraph shall be posted within the applicable time 5 period for serving notice and shall include the date the notice 6 was posted. A notice delivered under this paragraph that is 7 addressed to all tenants and unknown parties in possession 8 shall be deemed to provide notice to all tenants, occupants, 9 and parties in possession of the premises. 10 Sec. 10. Section 648.3, subsection 2, paragraphs a and c, 11 Code 2025, are amended to read as follows: 12 a. Delivery evidenced by an acknowledgment of delivery that 13 is signed and dated by a resident of the premises who is at 14 least eighteen years of age. Delivery A notice delivered under 15 this paragraph that is addressed to all tenants and unknown 16 parties in possession shall be deemed to provide notice to the 17 defendant all tenants, occupants, and parties in possession of 18 the premises . 19 c. Posting on the primary entrance door of the premises and 20 mailing by both regular mail and certified mail, as defined 21 in section 618.15 , to the address of the premises or to the 22 defendants last known address, if different from the address 23 of the premises. A notice posted according to this paragraph 24 shall be posted within the applicable time period for serving 25 notice and shall include the date the notice was posted. A 26 notice delivered under this paragraph that is addressed to 27 all tenants and unknown parties in possession shall be deemed 28 to provide notice to all tenants, occupants, and parties in 29 possession of the premises. 30 Sec. 11. Section 648.5, subsection 2, paragraph c, Code 31 2025, is amended to read as follows: 32 c. If service cannot be made following two attempts using 33 a method specified under paragraph a or b , by posting on 34 the primary entrance door of the premises and mailing by both 35 -3- LSB 1595YC (4) 91 ll/jh 3/ 6
H.F. _____ regular mail and certified mail, as defined in section 618.15 , 1 to the address of the premises or to the defendants last known 2 address, if different from the address of the premises. An 3 original notice posted according to this paragraph shall be 4 posted not less than three days prior to the hearing and shall 5 include the date the original notice was posted. Service of 6 original notice by mailing shall occur not less than three days 7 prior to the hearing , but may otherwise occur prior to the two 8 attempts using a method specified under paragraph a or b . 9 Sec. 12. Section 648.18, Code 2025, is amended to read as 10 follows: 11 648.18 Possession bar. 12 Thirty Ninety days peaceable possession with the knowledge 13 of the plaintiff after the cause of action accrues is a bar to 14 this proceeding. 15 Sec. 13. Section 648.22, Code 2025, is amended to read as 16 follows: 17 648.22 Judgment execution costs. 18 1. If the defendant is found guilty, judgment shall be 19 entered that the defendant be removed from the premises, and 20 that the plaintiff be put in possession of the premises, and 21 an execution for the defendants removal within three days 22 from the judgment shall issue accordingly, to which shall be 23 added a clause commanding the officer to collect the costs as 24 in ordinary cases. 25 2. Any personal property of the defendant remaining on the 26 premises after the defendants removal under this section may 27 be immediately disposed of by the plaintiff. Personal property 28 under this subsection does not include a mobile home as defined 29 in section 562B.7, or the contents therein, unless the mobile 30 home is the premises. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanations substance by the members of the general assembly. 34 This bill relates to property law. 35 -4- LSB 1595YC (4) 91 ll/jh 4/ 6
H.F. _____ The bill increases the annual fee for a manufactured or 1 mobile home retailer license from $100 to $120. 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 a landlord from willfully (Code chapter 562A) 19 or knowingly (Code chapter 562B) enforcing a provision of a 20 rental agreement that is prohibited by current law. The bill 21 allows a landlord access to a mobile home owned by a tenant, 22 after entry of an order of removal of the tenant, to secure the 23 mobile home or mobile home space. 24 The bill provides that for Code chapters 562A, 562B, and 648 25 (forcible entry and detainer), notices delivered by posting on 26 the primary entrance door and mailing to the premises that are 27 addressed to all tenants and unknown parties in possession are 28 deemed to have provided notice to all tenants, occupants, and 29 parties in possession of the premises. For Code chapter 648, 30 this also applies to delivery to a resident of the premises 31 that is at least 18 years old. 32 The bill allows service of notice by mail in a forcible 33 entry and detainer case to occur prior to the two attempts of 34 personal service and delivery evidenced by an acknowledgment 35 -5- LSB 1595YC (4) 91 ll/jh 5/ 6
H.F. _____ of service. 1 The bill provides that 90 days peaceable possession with 2 the knowledge of the plaintiff after the cause of action 3 accrues is a bar to a forcible entry and detainer proceeding. 4 This is a change from 30 days in current law. 5 The bill provides that in a forcible entry and detainer 6 action, any personal property of the defendant remaining after 7 removal from the premises may be disposed of by the plaintiff. 8 This does not include a mobile home or its contents unless the 9 mobile home is the premises. 10 -6- LSB 1595YC (4) 91 ll/jh 6/ 6