Read the full stored bill text
House
File
2134
-
Introduced
HOUSE
FILE
2134
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
141)
A
BILL
FOR
An
Act
relating
to
rental
agreements
and
early
termination
1
rights
of
tenants
who
are
victims
of
certain
crimes.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
562A.9A
Early
rental
agreement
1
termination
by
victim.
2
1.
A
tenant
may
terminate
a
rental
agreement
without
penalty
3
or
liability
if
the
tenant
provides
written
notification
4
to
the
landlord
that
the
tenant
or
another
resident
of
the
5
dwelling
unit
is
a
victim
of
an
act
that
constitutes
any
of
the
6
following:
7
a.
Elder
abuse
as
defined
in
section
235F.1.
8
b.
Domestic
abuse
as
defined
in
section
236.2.
9
c.
Sexual
abuse
as
defined
in
section
236A.2.
10
d.
Stalking
under
section
708.11.
11
e.
Crime
as
defined
in
section
915.80.
12
2.
A
written
notice
to
terminate
a
rental
agreement
must
13
have
one
of
the
following
documents
attached:
14
a.
A
protective
order
issued
by
court
order
or
15
court-approved
consent
agreement
entered
pursuant
to
chapter
16
232,
235F,
or
664A.
17
b.
A
court
order
or
court-approved
consent
agreement
entered
18
pursuant
to
chapter
236
or
236A,
including
a
valid
foreign
19
protective
order
under
section
236.19,
subsection
3,
or
section
20
236A.19,
subsection
3.
21
c.
A
temporary
or
permanent
protective
order
or
order
to
22
vacate
the
homestead
under
chapter
598.
23
d.
An
order
that
establishes
conditions
of
release
or
is
a
24
protective
order
or
sentencing
order
in
a
criminal
prosecution
25
arising
from
a
domestic
abuse
assault
under
section
708.2A.
26
e.
A
civil
injunction
issued
pursuant
to
section
915.22.
27
f.
A
copy
of
a
written
report
by
a
peace
officer
employed
by
28
a
federal,
state,
or
local
law
enforcement
agency
stating
that
29
the
tenant
or
resident
of
the
dwelling
unit
is
a
victim
of
an
30
act
or
crime
listed
in
subsection
1.
31
g.
Documentation
from
a
licensed
health
care
services
32
provider,
licensed
mental
health
care
provider,
or
a
victim
33
counselor
as
defined
in
section
915.20A,
subsection
1,
based
34
on
information
that
such
person
received
while
working
in
the
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person’s
professional
capacity,
to
indicate
that
a
tenant
or
1
resident
of
the
dwelling
unit
is
seeking
assistance
for
abuse
2
or
physical
or
mental
injuries
resulting
from
an
act
or
crime
3
listed
in
subsection
1.
The
documentation
must
be
signed,
4
dated,
and
attested
to
by
the
tenant
and
the
licensed
health
5
care
services
provider,
licensed
mental
health
care
provider,
6
or
victim
counselor,
and
must
contain,
in
substantially
the
7
same
form,
all
of
the
following:
8
(1)
Name
of
any
tenant
and
residents
of
the
dwelling
unit
9
whose
tenancy
shall
terminate.
10
(2)
Name
of
the
victim
of
the
act
or
crime
listed
in
11
subsection
1.
12
(3)
Address
of
the
dwelling
unit.
13
(4)
Name
of
accused
perpetrator,
if
known
and
if
such
name
14
may
be
safely
disclosed.
15
(5)
Date
and
time
of
incident,
if
known.
16
(6)
Brief
description
of
the
incident
or
a
statement
as
to
17
why
the
tenant
requests
early
rental
agreement
termination
to
18
support
health
and
safety.
19
h.
Any
other
form
of
documentation
that
reasonably
certifies
20
that
the
act
or
crime
listed
in
subsection
1
occurred.
21
3.
Written
notice
to
terminate
a
rental
agreement
provided
22
to
the
landlord
must
include
all
of
the
following:
23
a.
The
date
the
rental
agreement
will
terminate.
Such
24
date
shall
be
at
least
fourteen
days
after
the
date
the
tenant
25
provides
the
notification
with
confirmation
document
and
no
26
more
than
thirty
days
after
such
date.
27
b.
The
names
of
the
residents
of
the
dwelling
unit
in
28
addition
to
the
tenant.
29
c.
The
names
of
the
residents
of
the
dwelling
unit
to
which
30
the
termination
of
the
rental
agreement
will
apply
in
addition
31
to
the
tenant,
if
any.
32
4.
A
tenant
who
terminates
a
rental
agreement
pursuant
33
to
this
section
shall
remain
liable
for
rent
for
the
month
34
in
which
the
tenant
terminated
the
rental
agreement
and
any
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prorated
days
of
rent
through
the
date
of
termination
stated
1
in
the
notice.
A
tenant
may
notify
the
landlord
of
plans
2
to
vacate
the
dwelling
unit
prior
to
the
rental
agreement
3
termination
date.
If
the
dwelling
unit
is
rented
to
another
4
party
prior
to
the
end
of
the
obligation
to
pay
rent,
the
rent
5
owed
under
this
section
shall
be
prorated.
6
5.
The
tenant
and
any
resident
of
the
dwelling
unit
who
7
terminates
a
rental
agreement
pursuant
to
this
section
is
all
8
of
the
following:
9
a.
Not
liable
for
rent
or
damages
to
the
premises
incurred
10
after
the
lease
termination
date.
11
b.
Not
subject
to
a
negative
credit
reference,
a
negative
12
character
reference,
or
any
fee
or
penalty
solely
because
of
13
termination
of
the
rental
agreement.
14
c.
Not
required
to
forfeit
any
rental
deposit
or
advance
15
rent
paid
due
to
the
termination.
A
tenant
who
terminates
16
a
rental
agreement
pursuant
to
this
section
shall
not
be
17
considered
for
any
purpose,
by
reason
of
the
termination,
to
18
have
breached
the
rental
agreement.
Any
retention
of
the
19
rental
deposit
or
portion
thereof
shall
only
be
pursuant
to
20
section
562A.12.
21
6.
a.
A
landlord
shall
not
disclose
to
a
third
party
22
or
enter
into
a
shared
database
any
information
provided
to
23
the
landlord
by
a
tenant
under
this
section,
the
address
or
24
location
to
which
the
tenant
has
relocated,
or
the
status
25
of
the
tenant
as
a
victim
of
violence
unless
the
disclosure
26
satisfies
any
of
the
following:
27
(1)
The
tenant
consents
in
writing.
28
(2)
The
disclosure
is
required
by
law
or
order
of
the
court.
29
b.
A
landlord’s
communication
to
a
licensed
health
care
30
services
provider,
licensed
mental
health
care
provider,
or
31
victim
counselor
who
provides
documentation
to
verify
the
32
contents
of
that
documentation
is
not
disclosure
for
purposes
33
of
this
subsection.
34
7.
A
landlord,
owner,
or
owner’s
agent
shall
not
refuse
35
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to
rent
a
dwelling
unit
to
an
otherwise
qualified
prospective
1
tenant
or
refuse
to
continue
to
rent
to
an
existing
tenant
2
solely
on
the
basis
that
the
tenant
has
previously
exercised
3
the
tenant’s
rights
under
this
section
or
has
previously
4
terminated
a
tenancy
because
of
the
circumstances
described
in
5
this
section.
6
8.
Notwithstanding
any
provision
of
this
section
to
the
7
contrary,
only
the
leasehold
interest
of
the
tenant
requesting
8
the
termination
pursuant
to
subsection
1
who
provides
the
9
documentation
required
by
subsections
2
and
3
shall
be
10
terminated.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
allows
a
victim
of
certain
crimes
to
terminate
a
15
rental
agreement
early.
The
bill
allows
a
tenant
to
terminate
16
a
rental
agreement
without
penalty
or
liability
if
the
tenant
17
provides
written
notification
to
the
landlord
that
a
tenant
18
or
household
member
is
a
victim
of
an
act
of
domestic
abuse,
19
sexual
abuse,
stalking,
elder
abuse,
or
other
crime
that
20
poses
a
substantial
threat
of
personal
injury
or
death
and
is
21
punishable
as
a
felony
or
misdemeanor.
22
The
bill
provides
that
the
written
notice
provided
to
the
23
landlord
shall
contain
one
of
the
following
documents:
a
24
copy
of
a
protective
order,
a
copy
of
a
written
report
by
a
25
peace
officer
stating
that
a
tenant
or
household
member
is
a
26
victim
of
an
act
or
crime,
documentation
from
a
qualified
third
27
party
based
on
information
received
by
a
licensed
health
care
28
services
provider,
licensed
mental
health
care
provider,
or
a
29
victim
counselor
that
a
tenant
or
household
member
is
seeking
30
assistance
for
abuse
or
physical
or
mental
injuries
resulting
31
from
an
act
or
crime,
or
any
other
form
of
documentation
that
32
reasonably
certifies
that
the
act
or
crime
occurred.
Written
33
notice
provided
to
a
landlord
to
terminate
a
lease
agreement
34
must
contain
the
date
the
lease
will
terminate
and
the
names
of
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household
members
to
be
released
in
addition
to
the
tenant.
1
The
bill
provides
that
a
tenant
who
terminates
a
rental
2
agreement
pursuant
to
the
bill
shall
remain
liable
for
rent
for
3
the
month
in
which
the
tenant
terminated
the
rental
agreement
4
and
any
prorated
days
of
rent
through
the
date
of
termination
5
stated
in
the
notice.
If
the
premises
are
rented
to
another
6
party
prior
to
the
end
of
the
obligation
to
pay
rent,
the
rent
7
shall
be
prorated.
8
The
bill
provides
protections
for
a
tenant
who
terminates
9
a
rental
agreement
under
the
bill.
A
tenant
is
not
liable
10
for
rent
or
damages
to
premises
incurred
after
the
lease
11
termination
date,
and
is
not
subject
to
a
negative
credit
12
reference,
a
negative
character
reference,
or
any
fee
or
13
penalty
solely
because
of
termination
of
the
rental
agreement.
14
A
tenant
shall
not
be
required
to
forfeit
any
security
15
deposit
money
or
advance
rent
paid
due
to
that
termination.
16
A
tenant
who
terminates
a
rental
agreement
pursuant
to
the
17
bill
shall
not
be
considered
for
any
purpose,
by
reason
of
the
18
termination,
to
have
breached
the
lease
or
rental
agreement.
19
The
bill
provides
for
victim
confidentiality
by
the
20
landlord.
A
landlord
shall
not
disclose
to
a
third
party
any
21
information
provided
to
the
landlord
by
a
tenant,
unless
the
22
tenant
consents
in
writing
or
the
disclosure
is
required
by
23
law
or
order
of
the
court.
A
landlord’s
communication
to
a
24
qualified
third
party
who
provides
documentation
to
verify
the
25
contents
of
that
documentation
is
not
considered
disclosure.
26
The
bill
provides
that
a
landlord
is
not
allowed
to
27
discriminate
against
a
prospective
tenant
based
solely
upon
28
the
prospective
tenant
having
previously
terminated
a
tenancy
29
because
of
circumstance
provided
in
the
bill.
30
The
bill
provides
that
only
the
leasehold
interest
of
31
the
tenant
requesting
the
termination
and
who
provides
the
32
documentation
required
by
the
bill
shall
be
terminated.
33
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