Iowa-2015-SF2150-Introduced
Senate File 2150 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
3030)
A BILL FOR
1 An Act relating to forcible entry and detainer actions,
2 including granting concurrent jurisdiction to small claims
3 courts over preliminary hearings for certain forcible entry
4 and detainer actions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 631.1, subsection 2, Code 2016, is
1 2 amended to read as follows:
1 3 2. The district court sitting in small claims shall have
1 4 concurrent jurisdiction of an action for forcible entry and
1 5 detainer which is based on those grounds set forth in section
1 6 648.1, subsections 1, 2, 3, and 5, and 7. When commenced
1 7 under this chapter, the action shall be a small claim for the
1 8 purposes of this chapter.
1 9 Sec. 2. Section 631.1, Code 2016, is amended by adding the
1 10 following new subsection:
1 11 NEW SUBSECTION. 10. The district court sitting in small
1 12 claims has concurrent jurisdiction of preliminary hearings
1 13 under section 648.5, subsection 6, for claims brought in small
1 14 claims court under subsection 2, and shall enter a judgment of
1 15 removal if the defendant fails to appear or otherwise defaults,
1 16 or if the defendant fails to raise a material issue of fact as
1 17 provided in section 648.5, subsection 6. At such preliminary
1 18 hearing, the district court sitting in small claims shall
1 19 examine all occupants of the property present at the hearing
1 20 to determine whether there are any genuine issues of material
1 21 fact which constitute a prima facie defense to eviction, on the
1 22 basis of title or otherwise, and shall file a written record of
1 23 the examination and the courts's findings. In accordance with
1 24 section 648.15, if the defendant resists the plaintiff's action
1 25 by putting title in issue, the court shall transfer the case
1 26 from the small claims docket to be tried by regular equitable
1 27 proceedings.
1 28 Sec. 3. Section 648.1, Code 2016, is amended by adding the
1 29 following new subsection:
1 30 NEW SUBSECTION. 7. Where the vendee has failed to vacate
1 31 after the forfeiture of a real estate contract under chapter
1 32 656.
1 33 Sec. 4. Section 648.22, Code 2016, is amended to read as
1 34 follows:
1 35 648.22 Judgment == execution == costs.
2 1 If the defendant is found guilty plaintiff establishes the
2 2 plaintiff's claim to possession by a preponderance of the
2 3 evidence, judgment shall be entered that the defendant and all
2 4 persons holding possession under the defendant be removed from
2 5 the premises, and that the plaintiff be put in possession of
2 6 the premises, and an. An execution for the defendant's removal
2 7 within three days from the judgment shall issue accordingly, to
2 8 which shall be added a clause commanding the officer to collect
2 9 the costs as in ordinary cases.
2 10 Sec. 5. NEW SECTION. 656.10 Remedy if vendee fails to
2 11 vacate.
2 12 If, following forfeiture of a real estate contract under
2 13 this chapter, the vendee fails to vacate the real estate
2 14 covered by the contract, the vendor may bring an action for
2 15 forcible entry and detainer under chapter 648.
2 16 EXPLANATION
2 17 The inclusion of this explanation does not constitute agreement with
2 18 the explanation's substance by the members of the general assembly.
2 19 This bill creates an action for forcible entry and detainer
2 20 following the forfeiture of a real estate contract and grants
2 21 concurrent jurisdiction to the district court sitting in small
2 22 claim over preliminary hearings for certain forcible entry and
2 23 detainer actions.
2 24 The bill provides that an action for forcible entry and
2 25 detainer is allowed where the vendee of a real estate contract
2 26 fails to vacate after a valid forfeiture of the contract under
2 27 Code chapter 656.
2 28 The bill further provides that the district court sitting
2 29 in small claims has concurrent jurisdiction of an action for
2 30 forcible entry and detainer that is based on a vendee failing
2 31 to vacate after forfeiture of a real estate contract.
2 32 Under current law, a preliminary hearing is held by the
2 33 district court for forcible entry and detainer actions to
2 34 determine if a genuine issue of material fact exists. The
2 35 bill provides that for forcible entry and detainer actions
3 1 where the plaintiff alleges either that the defendant has by
3 2 force, intimidation, fraud, or stealth entered upon the prior
3 3 actual possession of another in real property and detained the
3 4 property, that a lessee has held over after the termination
3 5 of the lease, holds contrary to the terms of a lease, or has
3 6 not paid rent that is due, or that a vendee has failed to
3 7 vacate after a valid forfeiture of a real estate contract,
3 8 the district court sitting in small claims has concurrent
3 9 jurisdiction over such preliminary hearings. If the defendant
3 10 fails to appear, otherwise defaults, or fails to raise a
3 11 material issue of fact, the court is required to enter a
3 12 judgment of removal. If the defendant resists the plaintiff's
3 13 action by putting title in issue, the court is required to
3 14 transfer the case from the small claims docket to be tried by
3 15 regular equitable proceedings.
3 16 The bill provides that if the plaintiff in an action for
3 17 forcible entry and detainer establishes the plaintiff's claim
3 18 to possession by a preponderance of the evidence, the court
3 19 shall enter judgment that removes not only the defendant but
3 20 all persons holding possession under the defendant from the
3 21 premises and puts the plaintiff in possession of the premises.
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