Bill Text: IA SF412 | 2025-2026 | 91st General Assembly | Introduced
Bill Title: A bill for an act relating to property law, including rent, rental agreements, notice requirements, and possession of property.(Formerly SSB 1047.)
Spectrum: Committee Bill
Status: (Introduced) 2025-02-24 - Committee report, approving bill. S.J. 343. [SF412 Detail]
Download: Iowa-2025-SF412-Introduced.html
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
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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
tenant’s
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
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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
tenant’s
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
defendant’s
last
known
address,
if
different
from
the
address
34
of
the
premises.
A
notice
posted
according
to
this
paragraph
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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
defendant’s
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
defendant’s
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
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in
ordinary
cases.
1
2.
Any
personal
property
of
the
defendant
remaining
on
the
2
premises
after
the
defendant’s
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
explanation’s
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
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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.
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