Bill Text: IA SSB1076 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to mobile and manufactured home tenancy by providing for minimum duration of rental agreements, providing for termination or nonrenewal of rental agreements, and modifying notice of unpaid rent and related forcible entry and detainer provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2013-01-28 - Judiciary: Courtney Chair,Taylor, and Schneider. [SSB1076 Detail]
Download: Iowa-2013-SSB1076-Introduced.html
Senate
Study
Bill
1076
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
ATTORNEY
GENERAL
BILL)
A
BILL
FOR
An
Act
relating
to
mobile
and
manufactured
home
tenancy
by
1
providing
for
minimum
duration
of
rental
agreements,
2
providing
for
termination
or
nonrenewal
of
rental
3
agreements,
and
modifying
notice
of
unpaid
rent
and
related
4
forcible
entry
and
detainer
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
562B.10,
subsection
4,
Code
2013,
is
1
amended
to
read
as
follows:
2
4.
Rental
agreements
shall
be
for
a
term
of
at
least
one
3
year
unless
otherwise
specified
in
the
rental
agreement
.
4
Rental
agreements
shall
be
canceled
terminated
by
at
least
5
sixty
days’
written
notice
given
by
either
party
a
tenant
6
unless
the
tenant
is
terminating
the
rental
agreement
pursuant
7
to
a
section
of
this
chapter
which
allows
for
a
shorter
notice
8
period
.
A
landlord
shall
not
cancel
a
rental
agreement
solely
9
for
the
purpose
of
making
the
tenant’s
mobile
home
space
10
available
for
another
mobile
home.
Rental
agreements
shall
be
11
terminated
by
a
landlord,
or
not
renewed
by
a
landlord,
in
a
12
time
and
manner
which
complies
with
this
chapter.
13
Sec.
2.
Section
562B.10,
Code
2013,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
4A.
a.
A
landlord
may
terminate
a
tenancy
16
during
the
initial
twelve
months
of
the
tenancy
if
the
tenant
17
engages
in
any
of
the
following:
18
(1)
A
material
noncompliance
with
the
rental
agreement.
19
(2)
A
material
violation
of
the
manufactured
mobile
home
20
community
or
mobile
home
park
rules
or
regulations.
21
(3)
Any
other
violation
of
this
chapter
for
which
22
termination
is
a
remedy.
23
b.
A
landlord
may
only
terminate
a
tenancy
after
the
initial
24
twelve
months,
or
may
only
fail
to
renew
a
tenancy,
for
any
of
25
the
following
reasons:
26
(1)
A
legitimate
and
material
business
reason
the
impact
of
27
which
is
not
specific
to
one
tenant.
28
(2)
A
change
in
the
use
of
the
land
if
a
change
in
the
use
29
of
the
land
is
included
in
the
rental
agreement
as
grounds
for
30
termination
or
nonrenewal.
31
(3)
Any
of
the
reasons
included
in
paragraph
“a”
.
32
c.
A
landlord
may
terminate
or
not
renew
a
tenancy
pursuant
33
to
paragraph
“b”
,
subparagraphs
(1)
and
(2),
by
a
written
notice
34
given
to
the
tenant
at
least
sixty
days
prior
to
the
periodic
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rental
date
specified
in
the
notice.
The
notice
shall
specify
1
all
facts
which
give
rise
to
the
notice
of
termination
or
2
failure
to
renew.
3
Sec.
3.
Section
562B.25,
subsection
2,
Code
2013,
is
amended
4
to
read
as
follows:
5
2.
If
rent
is
unpaid
when
due
and
the
tenant
fails
to
pay
6
rent
within
three
fourteen
days
after
written
notice
by
the
7
landlord
of
nonpayment
and
of
the
landlord’s
intention
to
8
terminate
the
rental
agreement
if
the
rent
is
not
paid
within
9
that
period
of
time,
the
landlord
may
terminate
the
rental
10
agreement.
11
Sec.
4.
Section
648.3,
subsection
1,
Code
2013,
is
amended
12
to
read
as
follows:
13
1.
Before
action
can
be
brought
under
any
ground
specified
14
in
section
648.1
,
except
subsection
1
,
three
days’
notice
to
15
quit
must
be
given
to
the
defendant
in
writing.
However,
a
16
landlord
who
has
given
a
tenant
three
days’
notice
to
pay
17
rent
and
has
terminated
the
tenancy
as
provided
in
section
18
562A.27,
subsection
2
,
or
has
given
a
tenant
fourteen
days’
19
notice
to
pay
rent
and
has
terminated
the
tenancy
as
provided
20
in
section
562B.25,
subsection
2
,
if
the
tenant
is
renting
the
21
manufactured
or
mobile
home
or
the
land
from
the
landlord,
may
22
commence
the
action
without
giving
a
three-day
notice
to
quit.
23
EXPLANATION
24
This
bill
makes
changes
relating
to
tenancy
in
mobile
home
25
parks
and
manufactured
home
communities.
26
The
bill
amends
Code
section
562B.10
to
provide
that
the
27
term
of
a
rental
agreement
shall
be
for
at
least
one
year
28
regardless
of
whether
the
rental
agreement
specifies
otherwise.
29
The
bill
eliminates
the
right
of
the
landlord
to
terminate
an
30
agreement,
without
a
reason,
at
the
end
of
the
term
of
the
31
rental
agreement
upon
60
days’
written
notice
to
the
tenant.
32
The
bill
further
amends
Code
section
562B.10
to
provide
that
33
a
landlord
may
terminate
a
tenancy
during
the
initial
12
months
34
of
the
tenancy
if
the
tenant
acts
in
material
noncompliance
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of
the
rental
agreement,
commits
a
material
violation
of
the
1
manufactured
mobile
home
community
or
mobile
home
park
rules
2
or
regulations,
or
commits
any
other
violation
of
Code
chapter
3
562B
which
allows
the
remedy
of
termination.
4
The
bill
provides
that
a
landlord
may
terminate
a
tenancy
5
after
the
initial
12
months
or
may
fail
to
renew
a
tenancy
for
6
a
legitimate
and
material
business
reason
the
impact
of
which
7
is
not
specific
to
one
tenant,
a
change
in
the
use
of
the
land
8
if
a
change
in
the
use
of
the
land
is
included
in
the
rental
9
agreement
as
grounds
for
termination
or
nonrenewal,
or
any
10
reason
for
termination
allowed
in
the
initial
12
months
of
the
11
tenancy.
12
The
bill
provides
that
if
a
landlord
terminates
or
fails
to
13
renew
a
tenancy
for
a
legitimate
and
material
business
reason
14
or
a
change
in
the
use
of
the
land
as
allowed
in
the
bill,
the
15
landlord
shall
terminate
or
fail
to
renew
by
a
written
notice
16
given
to
the
tenant
at
least
60
days
prior
to
the
periodic
17
rental
date
specified
in
the
notice.
The
notice
must
specify
18
all
facts
which
give
rise
to
the
notice
of
termination
or
19
failure
to
renew.
20
The
bill
amends
Code
section
562B.25
to
increase
the
number
21
of
days
from
three
to
14
in
which
a
tenant
has
to
pay
the
22
unpaid
rent
after
written
notice
is
provided
to
the
tenant
of
23
nonpayment
of
the
rent.
24
The
bill
amends
Code
section
648.3
to
provide
that
a
25
landlord
can
commence
a
forcible
entry
and
detainer
action
26
without
giving
a
three-day
notice
to
quit
when
the
landlord
has
27
given
14
days’
notice
to
pay
rent
as
provided
in
Code
section
28
562B.25.
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