Senate Study Bill 1204 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON BOUSSELOT) A BILL FOR An Act relating to property law by modifying provisions related 1 to forcible entry and detainer actions and to landlord and 2 tenant law. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2401XC (2) 91 cm/jh
S.F. _____ Section 1. Section 562A.8, subsection 1, paragraph a, Code 1 2025, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (7) Service by electronic mail provided 3 that all of the following are true: 4 (a) In a separate addendum to the rental agreement executed 5 by the tenant, the tenant has expressly consented to service of 6 notice using electronic mail for purposes of this chapter. 7 (b) The landlord has delivered the notice to the tenant 8 at the electronic mail address provided by the tenant in the 9 separate addendum described in subparagraph division (a). 10 (c) The tenant has not revoked, in writing, the consent for 11 service by electronic mail, with the burden of proving such 12 revocation being on the tenant. 13 Sec. 2. Section 562A.7, subsection 1, paragraph b, Code 14 2025, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (7) Service by electronic mail provided 16 that all of the following are true: 17 (a) In a separate addendum to the rental agreement executed 18 by the landlord, the landlord has expressly consented to 19 service of notice using electronic mail for purposes of this 20 chapter. 21 (b) The tenant has delivered the notice to the landlord at 22 the electronic mail address provided by the landlord in the 23 separate addendum described in subparagraph division (a). 24 (c) The landlord has not revoked, in writing, the consent 25 for service by electronic mail, with the burden of proving such 26 revocation being on the landlord. 27 Sec. 3. Section 562A.29A, subsection 1, Code 2025, is 28 amended by adding the following new paragraph: 29 NEW PARAGRAPH . d. Service by electronic mail provided that 30 all of the following are true: 31 (1) In a separate addendum to the rental agreement executed 32 by the tenant, the tenant has expressly consented to service of 33 notice using electronic mail for purposes of this section. 34 (2) The landlord has delivered the notice to the tenant 35 -1- LSB 2401XC (2) 91 cm/jh 1/ 7
S.F. _____ at the electronic mail address provided by the tenant in the 1 separate addendum described in subparagraph (1). 2 (3) The tenant has not revoked, in writing, the consent for 3 service by electronic mail, with the burden of proving such 4 revocation being on the tenant. 5 Sec. 4. Section 562B.9, subsection 1, paragraph a, Code 6 2025, is amended by adding the following new subparagraph: 7 NEW SUBPARAGRAPH . (7) Service by electronic mail provided 8 that all of the following are true: 9 (a) In a separate addendum to the rental agreement executed 10 by the tenant, the tenant has expressly consented to service of 11 notice using electronic mail for purposes of this chapter. 12 (b) The landlord has delivered the notice to the tenant 13 at the electronic mail address provided by the tenant in the 14 separate addendum described in subparagraph division (a). 15 (c) The tenant has not revoked, in writing, the consent for 16 service by electronic mail, with the burden of proving such 17 revocation being on the tenant. 18 Sec. 5. Section 562B.9, subsection 1, paragraph b, Code 19 2025, is amended by adding the following new subparagraph: 20 NEW SUBPARAGRAPH . (7) Service by electronic mail provided 21 that all of the following are true: 22 (a) In a separate addendum to the rental agreement executed 23 by the landlord, the landlord has expressly consented to 24 service of notice using electronic mail for purposes of this 25 chapter. 26 (b) The tenant has delivered the notice to the landlord at 27 the electronic mail address provided by the landlord in the 28 separate addendum described in subparagraph division (a). 29 (c) The landlord has not revoked, in writing, the consent 30 for service by electronic mail, with the burden of proving such 31 revocation being on the landlord. 32 Sec. 6. Section 562B.27A, subsection 1, Code 2025, is 33 amended by adding the following new paragraph: 34 NEW PARAGRAPH . d. Service by electronic mail provided that 35 -2- LSB 2401XC (2) 91 cm/jh 2/ 7
S.F. _____ all of the following are true: 1 (1) In a separate addendum to the rental agreement executed 2 by the tenant, the tenant has expressly consented to service of 3 notice using electronic mail for purposes of this section. 4 (2) The landlord has delivered the notice to the tenant 5 at the electronic mail address provided by the tenant in the 6 separate addendum described in subparagraph (1). 7 (3) The tenant has not revoked, in writing, the consent for 8 service by electronic mail, with the burden of proving such 9 revocation being on the tenant. 10 Sec. 7. NEW SECTION . 648.3A Service by electronic mail. 11 All notices required or permitted to be served pursuant to 12 sections 648.3, 648.4, and 648.5 may be served upon the tenant 13 by electronic mail provided that all of the following are true: 14 1. In a separate addendum to the rental agreement executed 15 by the tenant, the tenant has expressly consented to service of 16 notice using electronic mail for purposes of this section and 17 sections 648.3, 648.4, and 648.5. 18 2. The landlord has delivered the notice to the tenant 19 at the electronic mail address provided by the tenant in the 20 separate addendum identified in subsection 1. 21 3. The tenant has not revoked, in writing, the consent for 22 service by electronic mail, with the burden of proving such 23 revocation being on the tenant. 24 Sec. 8. Section 648.5, subsection 1, paragraph a, Code 2025, 25 is amended to read as follows: 26 a. An action for forcible entry and detainer shall be 27 brought in a county where all or part of the premises is 28 located. Such an action shall be tried as an equitable action. 29 Upon receipt of the petition, the court shall set a date, 30 time, and place for hearing. All hearings, including any 31 court-ordered pretrial mediation, shall be held using remote 32 or virtual technology, unless any party files with the court 33 a request for an in-person hearing. The court shall grant a 34 request for an in-person hearing. The court shall set the 35 -3- LSB 2401XC (2) 91 cm/jh 3/ 7
S.F. _____ date of hearing no later than eight days from the filing date, 1 except that the court shall set a later hearing date no later 2 than fifteen days from the date of filing if the plaintiff 3 requests or consents to the later date of hearing. 4 Sec. 9. NEW SECTION . 648.24 Expungement sealing of court 5 records. 6 1. In a forcible entry and detainer action, the court 7 records of the action shall be sealed if any of the following 8 occurs: 9 a. The defendant is found not guilty. 10 b. The case is dismissed. 11 2. Upon application of a defendant in an action for forcible 12 entry and detainer, the court shall enter an order sealing 13 the court records of the action under any of the following 14 circumstances: 15 a. The action for forcible entry and detainer was filed 16 against the defendant that was not in violation of the 17 lease due to a clerical error, mistaken identity, or other 18 demonstrable error of the plaintiff. 19 b. The action for forcible entry and detainer was filed in 20 violation of section 562A.36 or 562B.32. 21 c. Seven or more years have passed since the defendant was 22 found guilty in an action for forcible entry and detainer. 23 d. The defendant was found guilty in an action for forcible 24 entry and detainer arising from nonpayment of rent, the tenant 25 has subsequently repaid all rent, fees, and legal costs to the 26 landlord, the landlord consents to the expungement, and the 27 tenant has not been granted relief under this paragraph in the 28 prior seven years. 29 3. Upon application by the defendant of an action 30 for forcible entry and detainer, the court shall hold an 31 evidentiary hearing to determine if the court records should 32 be sealed. The burden of proof shall be on the defendant to 33 demonstrate that the defendant is eligible for expungement 34 pursuant to subsection 2. In making the finding, the court may 35 -4- LSB 2401XC (2) 91 cm/jh 4/ 7
S.F. _____ consider all of the following evidence: 1 a. The testimony of the plaintiff and defendant. 2 b. Documentation related to the action for forcible entry 3 and detainer, including the lease agreement, notices, and court 4 filings. 5 c. Evidence of alleged error or retaliatory conduct, 6 including correspondence, maintenance requests, and city, 7 county, or state code violation reports. 8 d. Any other relevant evidence. 9 4. If the court finds that the defendant has met the burden 10 of proof under subsection 3, the court shall issue an order 11 requiring sealing of the action for forcible entry and detainer 12 record. The order to seal shall do all of the following: 13 a. Direct the court clerk to seal the action for forcible 14 entry and detainer record. 15 b. Prohibit any party from disclosing the existence of the 16 sealed record. 17 c. Provide that the sealed record shall not be considered 18 in any future legal proceedings, including applications for 19 housing. 20 5. Except as provided in subsection 2, paragraph d , this 21 section shall not apply to an action for forcible entry and 22 detainer where the judgment for possession was entered against 23 the defendant due to nonpayment of rent, unless the tenant 24 can demonstrate by clear and convincing evidence that the 25 nonpayment of rent was the direct result of the plaintiffs 26 retaliatory conduct. 27 6. This section does not preclude a landlord from pursuing 28 other legal remedies available to the landlord, including 29 filing a subsequent action for forcible entry and detainer. 30 7. This section does not create an independent cause of 31 action by a tenant for use of lawfully obtained information by 32 a landlord, including information that the court should have 33 but failed to expunge. 34 EXPLANATION 35 -5- LSB 2401XC (2) 91 cm/jh 5/ 7
S.F. _____ The inclusion of this explanation does not constitute agreement with 1 the explanations substance by the members of the general assembly. 2 This bill relates to property law and modifies provisions 3 related to forcible entry and detainer actions and landlord and 4 tenant law. 5 The bill permits tenants and landlords to consent to 6 notice by electronic mail by executing a separate addendum 7 to rental agreements under Code chapters 562A (uniform 8 residential landlord and tenant law) and 562B (manufactured 9 home communities or mobile home parks residential landlord and 10 tenant law). The bill also provides that notice for a forcible 11 entry and detainer action may be served by electronic mail if 12 consented to by the tenant. 13 The bill requires that all hearings in a forcible entry 14 and detainer action, unless the parties file a request for 15 an in-person hearing, shall be held using remote or virtual 16 technology. 17 The bill requires the court to seal the court records of 18 a forcible entry and detainer if the defendant is found not 19 guilty or the case was dismissed. 20 The bill allows the court to seal a forcible entry and 21 detainer action court record upon application by the defendant 22 if any of the following circumstances occur: (1) the action 23 was filed against a tenant that was not in violation of the 24 lease due to a clerical error, mistaken identity, or other 25 demonstrable error made by the landlord, (2) the action was 26 filed in violation of Code section 562A.36 (retaliatory conduct 27 prohibited) or Code section 562B.32 (retaliatory conduct 28 prohibited), (3) seven or more years have passed since the 29 tenant was found guilty in the action, or (4) the tenant was 30 found guilty in an action arising from nonpayment of rent, the 31 tenant subsequently repaid all rent, fees, and legal costs to 32 the landlord, the landlord consents to the expungement, and 33 the tenant has not been granted such relief in the prior seven 34 years. 35 -6- LSB 2401XC (2) 91 cm/jh 6/ 7
S.F. _____ The bill requires the court to hold an evidentiary hearing 1 to determine whether the court records for the forcible entry 2 and detainer action should be sealed. The court may consider 3 the following as evidence: (1) the testimony of the plaintiff 4 and defendant, (2) documentation related to the action, (3) 5 evidence of alleged error or retaliatory conduct, and (4) any 6 other relevant evidence. 7 The bill provides that if the court finds that the defendant 8 has met the burden of proof, the court shall issue an order 9 requiring sealing the record. The order to seal is required to 10 do the following: (1) direct the court clerk to seal the court 11 record, (2) prohibit any party from disclosing the existence of 12 the sealed record, and (3) provide that the sealed record shall 13 not be considered in any future legal proceedings. 14 The bill does not apply to an action arising from the 15 nonpayment of rent unless the nonpayment of rent was the 16 direct result of the landlords retaliatory conduct except as 17 otherwise provided in the bill. 18 The bill does not prohibit a landlord from pursuing other 19 legal remedies available to the landlord. 20 The bill does not create an independent cause of action by 21 a tenant for use of lawfully obtained information, including 22 information that the court should have but failed to expunge. 23 -7- LSB 2401XC (2) 91 cm/jh 7/ 7