Read the full stored bill text
Senate
File
2352
-
Introduced
SENATE
FILE
2352
BY
WESTRICH
A
BILL
FOR
An
Act
relating
to
eviction
procedures,
including
tenants
1
who
pose
a
clear
and
present
danger,
maximum
durations
2
for
forcible
entry
and
detainer
actions,
and
including
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
6119XS
(3)
91
lh/jh
S.F.
2352
Section
1.
Section
562A.27A,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
Notwithstanding
section
562A.27
or
648.3
,
if
a
tenant
has
3
created
or
maintained
a
threat
constituting
a
clear
and
present
4
danger
to
the
health
or
safety
of
other
tenants,
the
landlord,
5
the
landlord’s
employee
or
agent,
or
other
persons
on
or
within
6
one
thousand
feet
of
the
landlord’s
property,
the
landlord,
7
after
the
service
of
a
single
three
days’
written
notice
of
8
termination
and
notice
to
quit
stating
the
specific
activity
9
causing
the
clear
and
present
danger,
and
setting
forth
the
10
language
of
subsection
3
which
includes
certain
exemption
11
provisions
available
to
the
tenant,
may
file
suit
against
the
12
tenant
for
recovery
of
possession
of
the
premises
pursuant
to
13
chapter
648
or
recover
possession
of
the
premises
pursuant
14
to
subsection
4
,
in
either
case
except
as
otherwise
provided
15
in
subsection
3
.
The
If
the
landlord
files
suit
pursuant
to
16
chapter
648,
the
petition
shall
state
the
incident
or
incidents
17
giving
rise
to
the
notice
of
termination
and
notice
to
quit
.
18
The
,
and
the
tenant
shall
be
given
the
opportunity
to
contest
19
the
termination
in
the
court
proceedings
by
notice
thereof
at
20
least
three
days
prior
to
the
hearing.
21
Sec.
2.
Section
562A.27A,
Code
2026,
is
amended
by
adding
22
the
following
new
subsection:
23
NEW
SUBSECTION
.
4.
a.
If
a
peace
officer
determines
that
24
the
tenant
has
presented
a
clear
and
present
danger
to
the
25
health
or
safety
of
other
tenants,
the
landlord,
the
landlord’s
26
employees
or
agents,
or
other
persons
on
or
within
one
thousand
27
feet
of
the
landlord’s
property
as
described
under
subsection
28
2,
and
that
an
exception
under
subsection
3
does
not
exist,
29
the
peace
officer
shall,
in
writing,
swear
and
affirm
such
30
facts
under
penalty
of
providing
false
information.
The
peace
31
officer
shall
provide
the
written
affirmation
to
the
landlord.
32
b.
If
after
the
three-day
notice
period
described
under
33
subsection
1
the
tenant
is
still
in
possession
of
the
premises,
34
the
landlord
may
request
that
a
peace
officer
remove
the
tenant
35
-1-
LSB
6119XS
(3)
91
lh/jh
1/
4
S.F.
2352
and
any
other
persons
occupying
the
premises,
and
the
peace
1
officer
shall
do
so
as
if
an
order
for
removal
had
been
ordered
2
by
a
court.
A
court
order
shall
not
be
required
for
the
peace
3
officer
to
take
action
pursuant
to
this
paragraph.
4
c.
A
peace
officer
shall
be
immune
from
civil
liability
for
5
any
action
taken
in
good
faith
pursuant
to
this
subsection.
6
d.
For
purposes
of
this
subsection,
“peace
officer”
means
7
the
same
as
defined
in
section
801.4.
8
Sec.
3.
NEW
SECTION
.
648.5A
Residential
property
——
maximum
9
duration
of
action.
10
1.
a.
In
an
action
for
forcible
entry
and
detainer
11
brought
under
this
chapter
relating
to
residential
property,
12
notwithstanding
any
other
provision
of
law
to
the
contrary,
no
13
more
than
thirty
days
shall
pass
between
the
date
the
notice
14
to
quit
is
served
and
the
issuance
of
the
order
to
quit,
if
15
applicable.
16
b.
A
court
shall
not
toll
or
extend
the
time
period
17
described
in
paragraph
“a”
unless
expressly
authorized
by
18
statute.
19
c.
Procedural
defects
in
a
forcible
entry
and
detainer
20
action
that
do
not
materially
prejudice
a
tenant
shall
not
21
invalidate
such
action.
22
d.
The
supreme
court
shall
adopt
court
rules
to
ensure
23
that
forcible
entry
and
detainer
actions
are
conducted
in
a
24
streamlined
manner
that
limit
continuances
and
procedural
25
delays
that
are
not
required
by
due
process.
26
2.
This
section
shall
be
construed
to
prioritize
the
27
prompt
return
of
residential
property
to
lawful
occupancy
and
28
productive
use.
29
Sec.
4.
APPLICABILITY.
This
Act
applies
to
actions
30
commenced
on
or
after
July
1,
2026.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
eviction
procedures
involving
tenants
35
-2-
LSB
6119XS
(3)
91
lh/jh
2/
4
S.F.
2352
who
pose
a
clear
and
present
danger
and
establishes
a
maximum
1
duration
for
certain
residential
forcible
entry
and
detainer
2
actions.
3
Under
current
law,
if
a
tenant
creates
or
maintains
a
threat
4
constituting
a
clear
and
present
danger
to
the
health
or
safety
5
of
others,
a
landlord
may
file
a
forcible
entry
and
detainer
6
action
after
serving
a
single
three-day
written
notice
of
7
termination
and
notice
to
quit.
The
tenant
is
entitled
to
8
contest
the
termination
in
court.
9
The
bill
provides
that,
following
service
of
the
three-day
10
notice,
the
landlord
may
either
file
suit
under
Code
chapter
11
648
(forcible
entry
and
detainer),
or
recover
possession
upon
12
a
sworn
affidavit
by
a
peace
officer
that
the
tenant
poses
a
13
clear
and
present
danger
and
that
an
exception
does
not
apply.
14
The
bill
provides
that
if
a
peace
officer
determines
that
15
a
tenant
has
presented
a
clear
and
present
danger
and
that
16
an
exception
does
not
exist,
the
peace
officer
must
provide
17
a
written,
sworn
affirmation
of
those
facts
to
the
landlord.
18
If
the
tenant
remains
in
possession
after
the
expiration
of
19
the
three-day
notice
period,
the
landlord
may
request
that
a
20
peace
officer
remove
the
tenant
and
other
occupants.
The
peace
21
officer
must
remove
the
occupants
as
if
acting
pursuant
to
a
22
court
order,
and
no
court
order
is
required
for
such
removal.
23
The
bill
provides
that
a
peace
officer
who
does
so
while
acting
24
in
good
faith
is
immune
from
civil
liability.
25
The
bill
creates
a
maximum
duration
for
forcible
entry
and
26
detainer
actions
involving
residential
property.
The
bill
27
provides
that
not
more
than
30
days
may
pass
between
service
28
of
the
notice
to
quit
and
issuance
of
the
order
to
quit,
if
29
applicable.
30
The
bill
prohibits
a
court
from
tolling
or
extending
the
31
30-day
period
unless
expressly
authorized
by
statute.
The
32
bill
further
provides
that
procedural
defects
that
do
not
33
materially
prejudice
a
tenant
do
not
invalidate
the
action.
34
The
supreme
court
is
directed
to
adopt
court
rules
to
ensure
35
-3-
LSB
6119XS
(3)
91
lh/jh
3/
4
S.F.
2352
that
residential
forcible
entry
and
detainer
actions
are
1
conducted
in
a
streamlined
manner
that
limits
continuances
and
2
procedural
delays
not
required
by
due
process.
3
The
bill
applies
to
actions
commenced
on
or
after
July
1,
4
2026.
5
-4-
LSB
6119XS
(3)
91
lh/jh
4/
4