Senate File 412 - Introduced SENATE FILE 412 BY COMMITTEE ON COMMERCE (SUCCESSOR TO SSB 1047) A BILL FOR An Act relating to property law, including rent, rental 1 agreements, notice requirements, and possession of property. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1760SV (2) 91 ll/jh
S.F. 412 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.11, subsection 3, Code 2025, is amended 7 to read as follows: 8 3. A provision prohibited by this section included in a 9 rental agreement is unenforceable. If a landlord willfully 10 uses enforces a provision in a rental agreement containing 11 provisions known by the landlord to be prohibited, a tenant may 12 recover actual damages sustained by the tenant and not more 13 than three months periodic rent and reasonable attorney fees. 14 Sec. 3. Section 562A.29A, subsection 1, paragraph c, Code 15 2025, is amended to read as follows: 16 c. Posting on the primary entrance door of the dwelling 17 unit and mailing by both regular mail and certified mail, as 18 defined in section 618.15 , to the address of the dwelling 19 unit or to the tenants last known address, if different from 20 the address of the dwelling unit. A notice posted according 21 to this paragraph shall be posted within the applicable time 22 period for serving notice and shall include the date the notice 23 was posted. A notice delivered under this paragraph that is 24 addressed to all tenants and unknown parties in possession 25 shall be deemed to provide notice to all tenants, occupants, 26 and parties in possession of the premises. 27 Sec. 4. Section 562B.11, subsection 3, Code 2025, is amended 28 to read as follows: 29 3. A provision prohibited by this section included in a 30 rental agreement is unenforceable. If a landlord or tenant 31 knowingly uses enforces a provision in a rental agreement 32 containing provisions known to be prohibited by this chapter , 33 the other party may recover actual damages sustained. 34 Sec. 5. Section 562B.20, subsection 1, Code 2025, is amended 35 -1- LSB 1760SV (2) 91 ll/jh 1/ 5
S.F. 412 to read as follows: 1 1. A landlord shall not have the right of access to a mobile 2 home owned by a tenant unless such access is necessary to 3 prevent damage to the mobile home space , or is in response to 4 an emergency situation , or after entry of an order of removal 5 of the tenant, is for the purpose of making safe the mobile 6 home or mobile home space, including securing or winterizing 7 the mobile home or mobile home space . 8 Sec. 6. Section 562B.27A, subsection 1, paragraph c, Code 9 2025, is amended to read as follows: 10 c. Posting on the primary entrance door of the dwelling 11 unit and mailing by both regular mail and certified mail, as 12 defined in section 618.15 , to the address of the dwelling 13 unit or to the tenants last known address, if different from 14 the address of the dwelling unit. A notice posted according 15 to this paragraph shall be posted within the applicable time 16 period for serving notice and shall include the date the notice 17 was posted. A notice delivered under this paragraph that is 18 addressed to all tenants and unknown parties in possession 19 shall be deemed to provide notice to all tenants, occupants, 20 and parties in possession of the premises. 21 Sec. 7. Section 648.3, subsection 2, paragraphs a and c, 22 Code 2025, are amended to read as follows: 23 a. Delivery evidenced by an acknowledgment of delivery that 24 is signed and dated by a resident of the premises who is at 25 least eighteen years of age. Delivery A notice delivered under 26 this paragraph that is addressed to all tenants and unknown 27 parties in possession shall be deemed to provide notice to the 28 defendant all tenants, occupants, and parties in possession of 29 the premises . 30 c. Posting on the primary entrance door of the premises and 31 mailing by both regular mail and certified mail, as defined 32 in section 618.15 , to the address of the premises or to the 33 defendants last known address, if different from the address 34 of the premises. A notice posted according to this paragraph 35 -2- LSB 1760SV (2) 91 ll/jh 2/ 5
S.F. 412 shall be posted within the applicable time period for serving 1 notice and shall include the date the notice was posted. A 2 notice delivered under this paragraph that is addressed to 3 all tenants and unknown parties in possession shall be deemed 4 to provide notice to all tenants, occupants, and parties in 5 possession of the premises. 6 Sec. 8. Section 648.5, subsection 2, paragraph c, Code 2025, 7 is amended to read as follows: 8 c. If service cannot be made following two attempts using 9 a method specified under paragraph a or b , by posting on 10 the primary entrance door of the premises and mailing by both 11 regular mail and certified mail, as defined in section 618.15 , 12 to the address of the premises or to the defendants last known 13 address, if different from the address of the premises. An 14 original notice posted according to this paragraph shall be 15 posted not less than three days prior to the hearing and shall 16 include the date the original notice was posted. Service of 17 original notice by mailing shall occur not less than three days 18 prior to the hearing , but may otherwise occur prior to the two 19 attempts using a method specified under paragraph a or b . 20 Sec. 9. Section 648.18, Code 2025, is amended to read as 21 follows: 22 648.18 Possession bar. 23 Thirty Ninety days peaceable possession with the knowledge 24 of the plaintiff after the cause of action accrues is a bar to 25 this proceeding. 26 Sec. 10. Section 648.22, Code 2025, is amended to read as 27 follows: 28 648.22 Judgment execution costs. 29 1. If the defendant is found guilty, judgment shall be 30 entered that the defendant be removed from the premises, and 31 that the plaintiff be put in possession of the premises, and 32 an execution for the defendants removal within three days 33 from the judgment shall issue accordingly, to which shall be 34 added a clause commanding the officer to collect the costs as 35 -3- LSB 1760SV (2) 91 ll/jh 3/ 5
S.F. 412 in ordinary cases. 1 2. Any personal property of the defendant remaining on the 2 premises after the defendants removal under this section may 3 be immediately disposed of by the plaintiff. Personal property 4 under this subsection does not include a mobile home as defined 5 in section 562B.7, or the contents therein, unless the mobile 6 home is the premises. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanations substance by the members of the general assembly. 10 This bill relates to property law. 11 The bill defines the term rent for purposes of Code chapter 12 562A (uniform residential landlord and tenant law) to include 13 base rent, utilities, late fees, and other payments made by 14 the tenant to the landlord under the rental agreement. The 15 general assembly made an identical change to the term rent in 16 Code chapter 562B (manufactured home communities or mobile home 17 parks residential landlord and tenant law) in 2022. 18 Under current law, a landlord (Code chapter 562A) or a 19 landlord or tenant (Code chapter 562B) is prohibited from 20 willfully (Code chapter 562A) or knowingly (Code chapter 21 562B) using a rental agreement containing provisions that are 22 prohibited by current law. The bill alters these provisions to 23 instead prohibit enforcing a provision of a rental agreement 24 that is prohibited by current law. The bill allows a landlord 25 access to a mobile home owned by a tenant, after entry of an 26 order of removal of the tenant, to secure the mobile home or 27 mobile home space. 28 The bill provides that for Code chapters 562A, 562B, and 648 29 (forcible entry and detainer), notices delivered by posting on 30 the primary entrance door and mailing to the premises that are 31 addressed to all tenants and unknown parties in possession are 32 deemed to have provided notice to all tenants, occupants, and 33 parties in possession of the premises. For Code chapter 648, 34 this also applies to delivery to a resident of the premises 35 -4- LSB 1760SV (2) 91 ll/jh 4/ 5
S.F. 412 that is at least 18 years old. 1 The bill allows service of notice by mail in a forcible 2 entry and detainer case to occur prior to the two attempts of 3 personal service and delivery evidenced by an acknowledgment 4 of service. 5 The bill provides that 90 days peaceable possession with 6 the knowledge of the plaintiff after the cause of action 7 accrues is a bar to a forcible entry and detainer proceeding. 8 This is a change from 30 days in current law. 9 The bill provides that in a forcible entry and detainer 10 action, any personal property of the defendant remaining after 11 removal from the premises may be disposed of by the plaintiff. 12 This does not include a mobile home or its contents unless the 13 mobile home is the premises. 14 -5- LSB 1760SV (2) 91 ll/jh 5/ 5