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