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Senate
File
412
-
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SENATE
FILE
412
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1047)
(As
Amended
and
Passed
by
the
Senate
May
12,
2025
)
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
SF
412
(3)
91
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412
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.8,
subsection
1,
paragraph
a,
Code
7
2025,
is
amended
by
adding
the
following
new
subparagraph:
8
NEW
SUBPARAGRAPH
.
(7)
Posting
on
the
primary
entrance
9
door
of
the
dwelling
unit,
with
the
date
the
notice
was
posted
10
included
on
the
notice,
and
service
by
electronic
mail
provided
11
that
all
of
the
following
are
true:
12
(a)
In
a
separate
addendum
to
the
rental
agreement
executed
13
by
the
tenant,
the
tenant
has
expressly
consented
to
service
of
14
notice
using
electronic
mail
for
purposes
of
this
chapter.
15
(b)
The
landlord
has
delivered
the
notice
to
the
tenant
16
at
the
electronic
mail
address
provided
by
the
tenant
in
the
17
separate
addendum
described
in
subparagraph
division
(a).
18
(c)
The
tenant
has
not
revoked,
in
writing,
the
consent
for
19
service
by
electronic
mail,
with
the
burden
of
proving
such
20
revocation
being
on
the
tenant.
21
Sec.
3.
Section
562A.8,
subsection
1,
paragraph
b,
Code
22
2025,
is
amended
by
adding
the
following
new
subparagraph:
23
NEW
SUBPARAGRAPH
.
(7)
Service
by
electronic
mail
provided
24
that
all
of
the
following
are
true:
25
(a)
In
a
separate
addendum
to
the
rental
agreement
executed
26
by
the
landlord,
the
landlord
has
expressly
consented
to
27
service
of
notice
using
electronic
mail
for
purposes
of
this
28
chapter.
29
(b)
The
tenant
has
delivered
the
notice
to
the
landlord
at
30
the
electronic
mail
address
provided
by
the
landlord
in
the
31
separate
addendum
described
in
subparagraph
division
(a).
32
(c)
The
landlord
has
not
revoked,
in
writing,
the
consent
33
for
service
by
electronic
mail,
with
the
burden
of
proving
such
34
revocation
being
on
the
landlord.
35
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Sec.
4.
Section
562A.11,
subsection
3,
Code
2025,
is
amended
1
to
read
as
follows:
2
3.
A
provision
in
a
rental
agreement
that
is
prohibited
by
3
this
section
included
in
a
rental
agreement
is
unenforceable.
4
If
a
landlord
willfully
uses
a
rental
agreement
containing
5
provisions
known
by
the
landlord
to
be
prohibited
enforces
6
a
known
prohibited
provision
,
a
tenant
may
recover
actual
7
damages
sustained
by
the
tenant
and
not
more
than
three
months’
8
periodic
rent
and
reasonable
attorney
fees.
9
Sec.
5.
Section
562A.29A,
subsection
1,
paragraph
c,
Code
10
2025,
is
amended
to
read
as
follows:
11
c.
Posting
on
the
primary
entrance
door
of
the
dwelling
12
unit
and
mailing
by
both
regular
mail
and
certified
mail,
as
13
defined
in
section
618.15
,
to
the
address
of
the
dwelling
14
unit
or
to
the
tenant’s
last
known
address,
if
different
from
15
the
address
of
the
dwelling
unit.
A
notice
posted
according
16
to
this
paragraph
shall
be
posted
within
the
applicable
time
17
period
for
serving
notice
and
shall
include
the
date
the
notice
18
was
posted.
A
notice
delivered
under
this
paragraph
that
is
19
addressed
to
all
tenants
and
unknown
parties
in
possession
20
shall
be
deemed
to
provide
notice
to
all
tenants,
occupants,
21
and
parties
in
possession
of
the
premises.
22
Sec.
6.
Section
562A.29A,
subsection
1,
Code
2025,
is
23
amended
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
d.
Posting
on
the
primary
entrance
door
of
25
the
dwelling
unit
with
the
date
the
notice
was
posted
included
26
on
the
notice,
and
service
by
electronic
mail
provided
that
all
27
of
the
following
are
true:
28
(1)
In
a
separate
addendum
to
the
rental
agreement
executed
29
by
the
tenant,
the
tenant
has
expressly
consented
to
service
of
30
notice
using
electronic
mail
for
purposes
of
this
section.
31
(2)
The
landlord
has
delivered
the
notice
to
the
tenant
32
at
the
electronic
mail
address
provided
by
the
tenant
in
the
33
separate
addendum
described
in
subparagraph
(1).
34
(3)
The
tenant
has
not
revoked,
in
writing,
the
consent
for
35
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412
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S.F.
412
service
by
electronic
mail,
with
the
burden
of
proving
such
1
revocation
being
on
the
tenant.
2
Sec.
7.
Section
562B.9,
subsection
1,
paragraph
a,
Code
3
2025,
is
amended
by
adding
the
following
new
subparagraph:
4
NEW
SUBPARAGRAPH
.
(7)
Posting
on
the
primary
entrance
5
door
of
the
dwelling
unit,
with
the
date
the
notice
was
posted
6
included
on
the
notice,
and
service
by
electronic
mail
provided
7
that
all
of
the
following
are
true:
8
(a)
In
a
separate
addendum
to
the
rental
agreement
executed
9
by
the
tenant,
the
tenant
has
expressly
consented
to
service
of
10
notice
using
electronic
mail
for
purposes
of
this
chapter.
11
(b)
The
landlord
has
delivered
the
notice
to
the
tenant
12
at
the
electronic
mail
address
provided
by
the
tenant
in
the
13
separate
addendum
described
in
subparagraph
division
(a).
14
(c)
The
tenant
has
not
revoked,
in
writing,
the
consent
for
15
service
by
electronic
mail,
with
the
burden
of
proving
such
16
revocation
being
on
the
tenant.
17
Sec.
8.
Section
562B.9,
subsection
1,
paragraph
b,
Code
18
2025,
is
amended
by
adding
the
following
new
subparagraph:
19
NEW
SUBPARAGRAPH
.
(7)
Service
by
electronic
mail
provided
20
that
all
of
the
following
are
true:
21
(a)
In
a
separate
addendum
to
the
rental
agreement
executed
22
by
the
landlord,
the
landlord
has
expressly
consented
to
23
service
of
notice
using
electronic
mail
for
purposes
of
this
24
chapter.
25
(b)
The
tenant
has
delivered
the
notice
to
the
landlord
at
26
the
electronic
mail
address
provided
by
the
landlord
in
the
27
separate
addendum
described
in
subparagraph
division
(a).
28
(c)
The
landlord
has
not
revoked,
in
writing,
the
consent
29
for
service
by
electronic
mail,
with
the
burden
of
proving
such
30
revocation
being
on
the
landlord.
31
Sec.
9.
Section
562B.11,
subsection
3,
Code
2025,
is
amended
32
to
read
as
follows:
33
3.
A
provision
in
a
rental
agreement
that
is
prohibited
by
34
this
section
included
in
a
rental
agreement
is
unenforceable.
35
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If
a
landlord
or
tenant
knowingly
uses
a
rental
agreement
1
containing
provisions
known
to
be
prohibited
by
this
chapter
2
willfully
enforces
a
known
prohibited
provision
,
the
other
3
party
may
recover
actual
damages
sustained.
4
Sec.
10.
Section
562B.20,
subsection
1,
Code
2025,
is
5
amended
to
read
as
follows:
6
1.
A
landlord
shall
not
have
the
right
of
access
to
a
mobile
7
home
owned
by
a
tenant
unless
such
access
is
necessary
to
8
prevent
damage
to
the
mobile
home
space
,
or
is
in
response
to
9
an
emergency
situation
,
or
after
entry
of
an
order
of
removal
10
of
the
tenant,
is
for
the
purpose
of
making
safe
the
mobile
11
home
or
mobile
home
space,
including
securing
or
winterizing
12
the
mobile
home
or
mobile
home
space
.
13
Sec.
11.
Section
562B.27A,
subsection
1,
paragraph
c,
Code
14
2025,
is
amended
to
read
as
follows:
15
c.
Posting
on
the
primary
entrance
door
of
the
dwelling
16
unit
and
mailing
by
both
regular
mail
and
certified
mail,
as
17
defined
in
section
618.15
,
to
the
address
of
the
dwelling
18
unit
or
to
the
tenant’s
last
known
address,
if
different
from
19
the
address
of
the
dwelling
unit.
A
notice
posted
according
20
to
this
paragraph
shall
be
posted
within
the
applicable
time
21
period
for
serving
notice
and
shall
include
the
date
the
notice
22
was
posted.
A
notice
delivered
under
this
paragraph
that
is
23
addressed
to
all
tenants
and
unknown
parties
in
possession
24
shall
be
deemed
to
provide
notice
to
all
tenants,
occupants,
25
and
parties
in
possession
of
the
premises.
26
Sec.
12.
Section
562B.27A,
subsection
1,
Code
2025,
is
27
amended
by
adding
the
following
new
paragraph:
28
NEW
PARAGRAPH
.
d.
Posting
on
the
primary
entrance
door
of
29
the
dwelling
unit,
with
the
date
the
notice
was
posted
included
30
on
the
notice,
and
service
by
electronic
mail
provided
that
all
31
of
the
following
are
true:
32
(1)
In
a
separate
addendum
to
the
rental
agreement
executed
33
by
the
tenant,
the
tenant
has
expressly
consented
to
service
of
34
notice
using
electronic
mail
for
purposes
of
this
section.
35
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412
(2)
The
landlord
has
delivered
the
notice
to
the
tenant
1
at
the
electronic
mail
address
provided
by
the
tenant
in
the
2
separate
addendum
described
in
subparagraph
(1).
3
(3)
The
tenant
has
not
revoked,
in
writing,
the
consent
for
4
service
by
electronic
mail,
with
the
burden
of
proving
such
5
revocation
being
on
the
tenant.
6
Sec.
13.
Section
648.3,
subsection
2,
paragraphs
a
and
c,
7
Code
2025,
are
amended
to
read
as
follows:
8
a.
Delivery
evidenced
by
an
acknowledgment
of
delivery
that
9
is
signed
and
dated
by
a
resident
of
the
premises
who
is
at
10
least
eighteen
years
of
age.
Delivery
A
notice
delivered
under
11
this
paragraph
that
is
addressed
to
all
tenants
and
unknown
12
parties
in
possession
shall
be
deemed
to
provide
notice
to
the
13
defendant
all
tenants,
occupants,
and
parties
in
possession
of
14
the
premises
.
15
c.
Posting
on
the
primary
entrance
door
of
the
premises
and
16
mailing
by
both
regular
mail
and
certified
mail,
as
defined
17
in
section
618.15
,
to
the
address
of
the
premises
or
to
the
18
defendant’s
last
known
address,
if
different
from
the
address
19
of
the
premises.
A
notice
posted
according
to
this
paragraph
20
shall
be
posted
within
the
applicable
time
period
for
serving
21
notice
and
shall
include
the
date
the
notice
was
posted.
A
22
notice
delivered
under
this
paragraph
that
is
addressed
to
23
all
tenants
and
unknown
parties
in
possession
shall
be
deemed
24
to
provide
notice
to
all
tenants,
occupants,
and
parties
in
25
possession
of
the
premises.
26
Sec.
14.
Section
648.3,
subsection
2,
Code
2025,
is
amended
27
by
adding
the
following
new
paragraph:
28
NEW
PARAGRAPH
.
d.
Posting
on
the
primary
entrance
door
of
29
the
premises,
with
the
date
the
notice
was
posted
included
on
30
the
notice,
and
service
by
electronic
mail
provided
that
all
of
31
the
following
are
true:
32
(1)
In
a
separate
addendum
to
the
rental
agreement
executed
33
by
the
tenant,
the
tenant
has
expressly
consented
to
service
34
of
notice
using
electronic
mail
for
purposes
of
this
section
35
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412
and
sections
648.4
and
648.5.
1
(2)
The
landlord
has
delivered
the
notice
to
the
tenant
2
at
the
electronic
mail
address
provided
by
the
tenant
in
the
3
separate
addendum
identified
in
subparagraph
(1).
4
(3)
The
tenant
has
not
revoked,
in
writing,
the
consent
for
5
service
by
electronic
mail,
with
the
burden
of
proving
such
6
revocation
being
on
the
tenant.
7
Sec.
15.
Section
648.5,
subsection
1,
paragraph
a,
Code
8
2025,
is
amended
to
read
as
follows:
9
a.
An
action
for
forcible
entry
and
detainer
shall
be
10
brought
in
a
county
where
all
or
part
of
the
premises
is
11
located.
Such
an
action
shall
be
tried
as
an
equitable
action.
12
Upon
receipt
of
the
petition,
the
court
shall
set
a
date,
time,
13
and
place
for
hearing.
The
court
shall
set
the
date
of
hearing
14
no
later
than
eight
days
from
the
filing
date,
except
that
the
15
court
shall
set
a
later
hearing
date
no
later
than
fifteen
days
16
from
the
date
of
filing
if
the
plaintiff
requests
or
consents
17
to
the
later
date
of
hearing.
Upon
motion
by
any
party,
18
proceedings,
including
any
court-ordered
pretrial
mediation,
19
may
be
conducted
by
video
conference
with
the
parties
and
other
20
participants
if
the
hearing
is
able
to
be
conducted
in
an
21
efficient
manner,
does
not
prejudice
a
substantial
right
of
any
22
party,
and
appropriate
technology
is
available.
A
nonmoving
23
party
may
attend
any
such
hearing
in
person
without
further
24
notice,
motion,
or
leave
of
court.
25
Sec.
16.
Section
648.5,
subsection
2,
paragraph
c,
Code
26
2025,
is
amended
to
read
as
follows:
27
c.
If
service
cannot
be
made
following
two
attempts
using
28
a
method
specified
under
paragraph
“a”
or
“b”
,
by
posting
on
29
the
primary
entrance
door
of
the
premises
and
mailing
by
both
30
regular
mail
and
certified
mail,
as
defined
in
section
618.15
,
31
to
the
address
of
the
premises
or
to
the
defendant’s
last
known
32
address,
if
different
from
the
address
of
the
premises.
An
33
original
notice
posted
according
to
this
paragraph
shall
be
34
posted
not
less
than
three
days
prior
to
the
hearing
and
shall
35
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include
the
date
the
original
notice
was
posted.
Service
of
1
original
notice
by
mailing
shall
occur
not
less
than
three
days
2
prior
to
the
hearing
,
but
may
otherwise
occur
prior
to
the
two
3
attempts
using
a
method
specified
under
paragraph
“a”
or
“b”
.
4
Sec.
17.
Section
648.18,
Code
2025,
is
amended
to
read
as
5
follows:
6
648.18
Possession
——
bar.
7
Thirty
Sixty
days’
peaceable
possession
with
the
knowledge
8
of
the
plaintiff
after
the
cause
of
action
accrues
is
a
bar
to
9
this
proceeding.
10
Sec.
18.
Section
648.22,
Code
2025,
is
amended
to
read
as
11
follows:
12
648.22
Judgment
——
execution
——
costs.
13
1.
If
the
defendant
is
found
guilty,
judgment
shall
be
14
entered
that
the
defendant
be
removed
from
the
premises,
and
15
that
the
plaintiff
be
put
in
possession
of
the
premises,
and
16
an
execution
for
the
defendant’s
removal
within
three
days
17
from
the
judgment
shall
issue
accordingly,
to
which
shall
be
18
added
a
clause
commanding
the
officer
to
collect
the
costs
as
19
in
ordinary
cases.
20
2.
Any
personal
property
of
the
defendant
remaining
on
the
21
premises
after
the
defendant’s
removal
under
this
section
may
22
be
immediately
disposed
of
by
the
plaintiff.
Personal
property
23
under
this
subsection
does
not
include
a
mobile
home
as
defined
24
in
section
562B.7,
or
the
contents
therein,
unless
the
mobile
25
home
is
the
premises.
26
Sec.
19.
NEW
SECTION
.
648.24
Expungement
——
sealing
of
27
court
records.
28
Upon
application
of
a
defendant
in
an
action
for
forcible
29
entry
and
detainer,
the
court
shall
enter
an
order
sealing
30
the
court
records
of
the
action
under
any
of
the
following
31
circumstances:
32
1.
a.
The
action
was
filed
against
the
defendant
for
33
nonpayment
of
rent
and
the
defendant
prevailed
on
the
merits
34
of
the
case
or
the
case
was
dismissed
because
the
plaintiff
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failed
to
appear.
A
defendant
is
deemed
to
have
prevailed
1
on
the
merits
of
the
case
including
but
not
limited
to
when
2
a
court
determines
that
the
action
for
forcible
entry
and
3
detainer
was
filed
by
a
plaintiff
against
a
defendant
who
was
4
not
in
violation
of
the
lease
due
to
clerical
error,
mistaken
5
identity,
or
other
demonstrable
error
of
the
plaintiff,
or
6
was
filed
by
the
plaintiff
in
violation
of
section
562A.36
or
7
562B.32.
8
b.
Expungement
of
all
records
by
order
of
the
court
pursuant
9
to
this
subsection
shall
occur
within
three
days
of
a
properly
10
filed
application
by
the
defendant
requesting
expungement
of
11
records
of
an
action
for
nonpayment
of
rent
where
the
defendant
12
had
prevailed
on
the
merits
of
the
case
or
the
case
had
been
13
dismissed
because
the
plaintiff
failed
to
appear.
14
c.
This
subsection
does
not
apply
if
the
action
was
15
dismissed
by
the
plaintiff
for
reasons
other
than
a
failure
to
16
appear
on
the
part
of
the
plaintiff.
17
2.
a.
The
defendant
was
found
guilty
in
the
action
for
18
nonpayment
of
rent
and
less
than
seven
years
has
passed,
19
and
the
defendant’s
application
requesting
expungement
is
20
accompanied
by
the
plaintiff’s
notarized
written
consent
for
21
expungement
of
all
records
on
the
action
and,
in
such
consent,
22
the
plaintiff
attests
that
the
defendant
has
made
satisfactory
23
payment
of
unpaid
rent
and
fees
owed
to
the
plaintiff
under
the
24
lease
agreement
and
the
defendant
has
made
satisfactory
payment
25
of
all
money
judgments
associated
with
the
action.
26
b.
A
landlord
shall
not
be
obligated
to
consent
to
the
27
request
of
a
tenant
to
expunge
all
records
on
the
action
under
28
this
subsection.
29
c.
A
tenant
may
only
request
expungement
of
all
records
30
on
an
action
for
forcible
entry
and
detainer
pursuant
to
this
31
subsection
once
in
a
seven-year
period.
32
d.
The
supreme
court
shall
prescribe
a
plaintiff
consent
33
form
that
may
be
used
for
purposes
of
this
subsection
and
34
shall
provide
the
form
to
the
public
on
the
judicial
branch’s
35
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internet
site.
1
3.
Seven
or
more
years
have
passed
since
the
defendant
was
2
found
guilty
in
an
action
for
forcible
entry
and
detainer
based
3
on
the
grounds
of
nonpayment
of
rent
when
due.
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