Bill Summary – FastDemocracy

House File 669 - Introduced
                                  HOUSE FILE 669
                                  BY COMMITTEE ON WAYS AND MEANS
                                  (SUCCESSOR TO HSB 125)
                            A BILL FOR
An Act relating to property law, including manufactured or
  mobile home retailer licenses, rent, rental agreements,
  notice requirements, and possession of property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 103A.52, subsection 2, Code 2023, is
 amended to read as follows:
    2. License fee. The license fee for a manufactured or
 mobile home retailer is an annual fee of one hundred twenty
 dollars. If the application is denied, the commissioner shall
 refund the fee.
    Sec. 2. Section 562A.6, subsection 10, Code 2023, is amended
 to read as follows:
    10. “Rent” means a payment to be made to the landlord under
 the rental agreement, including base rent, utilities, late
 fees, and other payments made by the tenant to the landlord
 under the rental agreement.
    Sec. 3. Section 562A.8, subsection 2, Code 2023, is amended
 to read as follows:
    2. Notice served by mail under this section is deemed
 completed four days after the notice is deposited in the mail
 and postmarked for delivery, whether or not the recipient signs
 a receipt for the notice. In computing the time for completion
 of service, the first day shall be excluded and the final day
 shall be included regardless of whether the fourth day is a
 Saturday, Sunday, or federal holiday.
    Sec. 4. Section 562A.11, subsection 3, Code 2023, is amended
 to read as follows:
    3. A provision prohibited by this section included in a
 rental agreement is unenforceable. If a landlord willfully
 uses enforces a provision in a rental agreement containing
 provisions known by the landlord to be prohibited, a tenant may
 recover actual damages sustained by the tenant and not more
 than three months’ periodic rent and reasonable attorney fees.
    Sec. 5. Section 562A.29A, subsection 1, paragraph c, Code
 2023, is amended to read as follows:
    c. Posting on the primary entrance door of the dwelling
 unit and mailing by both regular mail and certified mail, as
 defined in section 618.15, to the address of the dwelling
 unit or to the tenant’s last known address, if different from
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 the address of the dwelling unit. A notice posted according
 to this paragraph shall be posted within the applicable time
 period for serving notice and shall include the date the notice
 was posted. A notice delivered under this paragraph that is
 addressed to all tenants and unknown parties in possession
 shall be deemed to provide notice to all tenants, occupants,
 and parties in possession of the premises.
    Sec. 6. Section 562B.9, subsection 2, Code 2023, is amended
 to read as follows:
    2. Notice served by mail under this section is deemed
 completed four days after the notice is deposited in the mail
 and postmarked for delivery, whether or not the recipient signs
 a receipt for the notice. In computing the time for completion
 of service, the first day shall be excluded and the final day
 shall be included regardless of whether the fourth day is a
 Saturday, Sunday, or federal holiday.
    Sec. 7. Section 562B.11, subsection 3, Code 2023, is amended
 to read as follows:
    3. A provision prohibited by this section included in a
 rental agreement is unenforceable. If a landlord or tenant
 knowingly uses enforces a provision in a rental agreement
 containing provisions known to be prohibited by this chapter,
 the other party may recover actual damages sustained.
    Sec. 8. Section 562B.27A, subsection 1, paragraph c, Code
 2023, is amended to read as follows:
    c. Posting on the primary entrance door of the dwelling
 unit and mailing by both regular mail and certified mail, as
 defined in section 618.15, to the address of the dwelling
 unit or to the tenant’s last known address, if different from
 the address of the dwelling unit. A notice posted according
 to this paragraph shall be posted within the applicable time
 period for serving notice and shall include the date the notice
 was posted. A notice delivered under this paragraph that is
 addressed to all tenants and unknown parties in possession
 shall be deemed to provide notice to all tenants, occupants,
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 and parties in possession of the premises.
    Sec. 9. Section 648.3, subsection 2, paragraphs a and c,
 Code 2023, are amended to read as follows:
    a. Delivery evidenced by an acknowledgment of delivery that
 is signed and dated by a resident of the premises who is at
 least eighteen years of age. Delivery A notice delivered under
 this paragraph that is addressed to all tenants and unknown
 parties in possession shall be deemed to provide notice to the
 defendant all tenants, occupants, and parties in possession of
 the premises.
    c. Posting on the primary entrance door of the premises and
 mailing by both regular mail and certified mail, as defined
 in section 618.15, to the address of the premises or to the
 defendant’s last known address, if different from the address
 of the premises. A notice posted according to this paragraph
 shall be posted within the applicable time period for serving
 notice and shall include the date the notice was posted. A
 notice delivered under this paragraph that is addressed to
 all tenants and unknown parties in possession shall be deemed
 to provide notice to all tenants, occupants, and parties in
 possession of the premises.
    Sec. 10. Section 648.5, subsection 2, paragraph c, Code
 2023, is amended to read as follows:
    c. If service cannot be made following two attempts using
 a method specified under paragraph “a” or “b”, by posting on
 the primary entrance door of the premises and mailing by both
 regular mail and certified mail, as defined in section 618.15,
 to the address of the premises or to the defendant’s last known
 address, if different from the address of the premises. An
 original notice posted according to this paragraph shall be
 posted not less than three days prior to the hearing and shall
 include the date the original notice was posted. Service of
 original notice by mailing shall occur not less than three days
 prior to the hearing, but may otherwise occur prior to the two
 attempts using a method specified under paragraph “a” or “b”.
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    Sec. 11. Section 648.18, Code 2023, is amended to read as
 follows:
    648.18 Possession —— bar.
    Thirty Ninety days’ peaceable possession with the knowledge
 of the plaintiff after the cause of action accrues is a bar to
 this proceeding.
    Sec. 12. Section 648.22, Code 2023, is amended to read as
 follows:
    648.22 Judgment —— execution —— costs.
    1. If the defendant is found guilty, judgment shall be
 entered that the defendant be removed from the premises, and
 that the plaintiff be put in possession of the premises, and
 an execution for the defendant’s removal within three days
 from the judgment shall issue accordingly, to which shall be
 added a clause commanding the officer to collect the costs as
 in ordinary cases.
    2. Any personal property of the defendant remaining on the
 premises after the defendant’s removal under this section may
 be immediately disposed of by the plaintiff. Personal property
 under this subsection does not include a mobile home as defined
 in section 562B.7, or the contents therein, unless the mobile
 home is the premises.
                           EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    This bill relates to property law.
    The bill increases the annual fee for a manufactured or
 mobile home retailer license from $100 to $120.
    The bill defines the term “rent” for purposes of Code chapter
 562A (uniform residential landlord and tenant law) to include
 base rent, utilities, late fees, and other payments made by
 the tenant to the landlord under the rental agreement. The
 general assembly made an identical change to the term “rent” in
 Code chapter 562B (manufactured home communities or mobile home
 parks residential landlord and tenant law) in 2022.
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    The bill provides that in computing time for completion of
 service under Code chapters 562A and 562B, the first day shall
 be excluded and the final day shall be included regardless of
 whether it is a weekend or federal holiday.
    Under current law, a landlord (Code chapter 562A) or a
 landlord or tenant (Code chapter 562B) is prohibited from
 willfully (Code chapter 562A) or knowingly (Code chapter
 562B) using a rental agreement containing provisions that are
 prohibited by current law. The bill alters these provisions to
 instead prohibit enforcing a provision of a rental agreement
 that is prohibited by current law.
    The bill provides that for Code chapters 562A, 562B, and 648
 (forcible entry and detainer), notices delivered by posting on
 the primary entrance door and mailing to the premises that are
 addressed to all tenants and unknown parties in possession are
 deemed to have provided notice to all tenants, occupants, and
 parties in possession of the premises. For Code chapter 648,
 this also applies to delivery to a resident of the premises
 that is at least 18 years old.
    The bill allows service of notice by mail in a forcible
 entry and detainer case to occur prior to the two attempts of
 personal service and delivery evidenced by an acknowledgment
 of service.
    The bill provides that 90 days’ peaceable possession with
 the knowledge of the plaintiff after the cause of action
 accrues is a bar to a forcible entry and detainer proceeding.
    The bill provides that in a forcible entry and detainer
 action, any personal property of the defendant remaining after
 removal from the premises may be disposed of by the plaintiff.
 This does not include a mobile home or its contents unless the
 mobile home is the premises.
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Statutes affected: 
Introduced: 103A.52, 562A.8, 562A.11, 562A.29A, 618.15, 562B.11, 562B.27A, 648.22