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Senate
File
421
-
Introduced
SENATE
FILE
421
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
property
law
by
modifying
provisions
related
1
to
landlord
and
tenant
law
and
forcible
entry
and
detainer
2
actions,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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.8,
subsection
2,
Code
2025,
is
amended
7
to
read
as
follows:
8
2.
Notice
served
by
mail
under
this
section
is
deemed
9
completed
four
days
after
the
notice
is
deposited
in
the
mail
10
and
postmarked
for
delivery,
whether
or
not
the
recipient
signs
11
a
receipt
for
the
notice.
In
computing
the
time
for
completion
12
of
service,
the
first
day
shall
be
excluded
and
the
final
day
13
shall
be
included
regardless
of
whether
the
fourth
day
is
a
14
Saturday,
Sunday,
or
federal
holiday.
15
Sec.
3.
Section
562A.11,
subsection
3,
Code
2025,
is
amended
16
to
read
as
follows:
17
3.
A
provision
prohibited
by
this
section
included
in
a
18
rental
agreement
is
unenforceable.
If
a
landlord
willfully
19
uses
enforces
a
provision
in
a
rental
agreement
containing
20
provisions
known
by
the
landlord
to
be
prohibited,
a
tenant
may
21
recover
actual
damages
sustained
by
the
tenant
and
not
more
22
than
three
months’
periodic
rent
and
reasonable
attorney
fees.
23
Sec.
4.
Section
562A.29A,
subsection
1,
paragraph
c,
Code
24
2025,
is
amended
to
read
as
follows:
25
c.
Posting
on
the
primary
entrance
door
of
the
dwelling
26
unit
and
mailing
by
both
regular
mail
and
certified
mail,
as
27
defined
in
section
618.15
,
to
the
address
of
the
dwelling
28
unit
or
to
the
tenant’s
last
known
address,
if
different
from
29
the
address
of
the
dwelling
unit.
A
notice
posted
according
30
to
this
paragraph
shall
be
posted
within
the
applicable
time
31
period
for
serving
notice
and
shall
include
the
date
the
notice
32
was
posted.
A
notice
delivered
under
this
paragraph
that
is
33
addressed
to
all
tenants
and
unknown
parties
in
possession
34
shall
be
deemed
to
provide
notice
to
all
tenants,
occupants,
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and
parties
in
possession
of
the
premises.
1
Sec.
5.
Section
562B.9,
subsection
2,
Code
2025,
is
amended
2
to
read
as
follows:
3
2.
Notice
served
by
mail
under
this
section
is
deemed
4
completed
four
days
after
the
notice
is
deposited
in
the
mail
5
and
postmarked
for
delivery,
whether
or
not
the
recipient
signs
6
a
receipt
for
the
notice.
In
computing
the
time
for
completion
7
of
service,
the
first
day
shall
be
excluded
and
the
final
day
8
shall
be
included
regardless
of
whether
the
fourth
day
is
a
9
Saturday,
Sunday,
or
federal
holiday.
10
Sec.
6.
Section
562B.11,
subsection
3,
Code
2025,
is
amended
11
to
read
as
follows:
12
3.
A
provision
prohibited
by
this
section
included
in
a
13
rental
agreement
is
unenforceable.
If
a
landlord
or
tenant
14
knowingly
uses
enforces
a
provision
in
a
rental
agreement
15
containing
provisions
known
to
be
prohibited
by
this
chapter
,
16
the
other
party
may
recover
actual
damages
sustained.
17
Sec.
7.
Section
562B.27A,
subsection
1,
paragraph
c,
Code
18
2025,
is
amended
to
read
as
follows:
19
c.
Posting
on
the
primary
entrance
door
of
the
dwelling
20
unit
and
mailing
by
both
regular
mail
and
certified
mail,
as
21
defined
in
section
618.15
,
to
the
address
of
the
dwelling
22
unit
or
to
the
tenant’s
last
known
address,
if
different
from
23
the
address
of
the
dwelling
unit.
A
notice
posted
according
24
to
this
paragraph
shall
be
posted
within
the
applicable
time
25
period
for
serving
notice
and
shall
include
the
date
the
notice
26
was
posted.
A
notice
delivered
under
this
paragraph
that
is
27
addressed
to
all
tenants
and
unknown
parties
in
possession
28
shall
be
deemed
to
provide
notice
to
all
tenants,
occupants,
29
and
parties
in
possession
of
the
premises.
30
Sec.
8.
Section
648.3,
subsection
2,
paragraphs
a
and
c,
31
Code
2025,
are
amended
to
read
as
follows:
32
a.
Delivery
evidenced
by
an
acknowledgment
of
delivery
that
33
is
signed
and
dated
by
a
resident
of
the
premises
who
is
at
34
least
eighteen
years
of
age.
Delivery
A
notice
delivered
under
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this
paragraph
that
is
addressed
to
all
tenants
and
unknown
1
parties
in
possession
shall
be
deemed
to
provide
notice
to
the
2
defendant
all
tenants,
occupants,
and
parties
in
possession
of
3
the
premises
.
4
c.
Posting
on
the
primary
entrance
door
of
the
premises
and
5
mailing
by
both
regular
mail
and
certified
mail,
as
defined
6
in
section
618.15
,
to
the
address
of
the
premises
or
to
the
7
defendant’s
last
known
address,
if
different
from
the
address
8
of
the
premises.
A
notice
posted
according
to
this
paragraph
9
shall
be
posted
within
the
applicable
time
period
for
serving
10
notice
and
shall
include
the
date
the
notice
was
posted.
A
11
notice
delivered
under
this
paragraph
that
is
addressed
to
12
all
tenants
and
unknown
parties
in
possession
shall
be
deemed
13
to
provide
notice
to
all
tenants,
occupants,
and
parties
in
14
possession
of
the
premises.
15
Sec.
9.
Section
648.5,
subsection
2,
paragraph
c,
Code
2025,
16
is
amended
to
read
as
follows:
17
c.
If
service
cannot
be
made
following
two
attempts
using
18
a
method
specified
under
paragraph
“a”
or
“b”
,
by
posting
on
19
the
primary
entrance
door
of
the
premises
and
mailing
by
both
20
regular
mail
and
certified
mail,
as
defined
in
section
618.15
,
21
to
the
address
of
the
premises
or
to
the
defendant’s
last
known
22
address,
if
different
from
the
address
of
the
premises.
An
23
original
notice
posted
according
to
this
paragraph
shall
be
24
posted
not
less
than
three
days
prior
to
the
hearing
and
shall
25
include
the
date
the
original
notice
was
posted.
Service
of
26
original
notice
by
mailing
shall
occur
not
less
than
three
days
27
prior
to
the
hearing
,
but
may
otherwise
occur
prior
to
the
two
28
attempts
using
a
method
specified
under
paragraph
“a”
or
“b”
.
29
Sec.
10.
Section
648.18,
Code
2025,
is
amended
to
read
as
30
follows:
31
648.18
Possession
——
bar.
32
Thirty
Ninety
days’
peaceable
possession
with
the
knowledge
33
of
the
plaintiff
after
the
cause
of
action
accrues
is
a
bar
to
34
this
proceeding.
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Sec.
11.
Section
648.22,
Code
2025,
is
amended
to
read
as
1
follows:
2
648.22
Judgment
——
execution
——
costs
——
sealing
of
court
3
records
.
4
1.
If
the
defendant
is
found
guilty,
judgment
shall
be
5
entered
that
the
defendant
be
removed
from
the
premises,
and
6
that
the
plaintiff
be
put
in
possession
of
the
premises,
and
an
7
execution
for
the
defendant’s
removal
within
three
days
from
8
the
judgment
shall
issue
accordingly,
to
which
judgment
for
9
costs
shall
be
entered
in
the
judgment
docket
and
lien
index,
10
and
to
which
shall
be
added
a
clause
commanding
the
officer
to
11
collect
the
costs
as
in
ordinary
cases.
12
2.
In
a
residential
forcible
entry
and
detainer
action,
13
the
court
records
of
the
action
shall
be
sealed
not
later
than
14
three
days
from
the
date
of
the
order,
if
any
of
the
following
15
occurs:
16
a.
The
defendant
is
found
not
guilty.
17
b.
The
case
is
dismissed.
18
c.
The
plaintiff
does
not
appear
for
the
hearing.
19
3.
In
a
residential
forcible
entry
and
detainer
action,
the
20
court
shall
enter
an
order
sealing
the
court
records
of
the
21
action
not
later
than
three
days
from
the
date
of
the
order
22
if,
by
motion
or
upon
the
court’s
own
determination,
the
court
23
finds
there
is
no
genuine
issue
of
material
fact
between
the
24
parties.
25
4.
Upon
application
of
a
defendant
found
guilty
in
a
26
residential
forcible
entry
and
detainer
action
for
nonpayment
27
of
rent,
the
court
shall
enter
an
order
sealing
the
record
of
28
the
action,
the
existence
of
the
petition,
all
filings
and
29
documentation
within
the
case
file,
and
any
associated
writs
of
30
execution,
if
all
of
the
following
conditions
are
met:
31
a.
More
than
seven
years
have
passed
since
the
date
of
the
32
finding
of
guilt.
33
b.
The
applicant
has
not
been
found
guilty
in
a
subsequent
34
forcible
entry
and
detainer
action
in
the
five-year
period
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directly
preceding
the
application.
1
c.
The
applicant
has
not
previously
been
granted
a
sealing
2
of
a
finding
of
guilt
under
this
chapter
within
ten
years
prior
3
to
the
application.
4
d.
The
applicant
has
paid
all
court
costs,
fees,
fines,
and
5
any
other
financial
obligation
ordered
by
the
court
or
assessed
6
by
the
clerk
of
the
district
court
in
the
case.
7
5.
The
application
to
seal
the
record
of
the
action
shall
be
8
included
in
the
record
the
defendant
wishes
to
seal,
using
a
9
form
prescribed
by
the
supreme
court.
10
6.
In
a
residential
forcible
entry
and
detainer
action
for
11
nonpayment
of
rent
in
which
the
defendant
is
found
guilty,
the
12
court
shall
enter
an
order
sealing
the
record
of
the
action,
13
the
existence
of
the
petition,
all
filings
and
documentation
14
within
the
case
file,
and
any
associated
writs
of
execution,
if
15
all
of
the
following
conditions
are
met:
16
a.
The
application
is
filed
jointly
by
the
plaintiff
and
17
defendant.
18
b.
The
defendant
applicant
has
paid
all
court
costs,
fees,
19
fines,
and
any
other
financial
obligation
ordered
by
the
court
20
or
assessed
by
the
clerk
of
the
district
court
in
the
case.
21
7.
Upon
sealing,
the
existence
of
the
petition,
all
filings
22
and
documentation
within
the
case
file,
and
any
associated
23
writs
of
execution
shall
be
removed
from
any
publicly
24
accessible
location
under
the
direction
of
the
judicial
branch
25
or
county,
as
applicable.
The
clerk
of
court
shall
enter
26
satisfaction
of
judgment
in
the
judgment
docket
and
lien
index.
27
Notwithstanding
chapter
22,
records
sealed
upon
satisfaction
28
of
the
requirements
specified
in
this
section
shall
not
be
29
available
for
public
inspection
except
in
one
of
the
following
30
manners:
31
a.
Upon
request
by
the
defendant
or
the
attorney
for
the
32
defendant
by
filing
a
motion
in
the
sealed
case.
33
b.
Upon
application
to
the
judicial
branch
using
a
form
34
prescribed
by
the
supreme
court
for
scholarly,
educational,
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journalistic,
or
governmental
purposes
only,
provided
that
in
1
all
cases,
the
names
of
minor
children
shall
remain
sealed
2
at
all
times,
and
that
the
names
and
personally
identifiable
3
information
of
all
persons
named
as
defendants
or
included
in
4
the
plaintiff’s
petition
shall
be
redacted
and
remain
sealed
5
unless
the
court
determines
that
release
of
such
information
is
6
necessary
to
fulfill
the
scholarly,
educational,
journalistic,
7
or
governmental
purpose
of
the
request.
8
c.
State
court
administration
shall
maintain
a
record
in
9
the
aggregate
of
all
filings
and
the
final
disposition
of
any
10
such
actions,
to
include
dismissal,
default
judgment,
and
writs
11
associated
with
disposition.
State
court
administration
shall
12
make
available
to
the
public
and
report
annually
such
aggregate
13
information
in
such
a
manner
prescribed
by
the
supreme
court
as
14
to
protect
the
identity
of
the
parties
while
still
providing
15
the
public
with
information
regarding
eviction
proceedings.
16
8.
Subsections
4
through
7
do
not
apply
to
a
money
judgment
17
awarded
for
an
action
that
was
filed
with
a
forcible
entry
18
and
detainer
action
or
arising
from
the
same
set
of
facts
and
19
circumstances.
20
9.
Subsections
3
through
5
do
not
create
an
independent
21
cause
of
action
by
a
tenant
for
use
of
lawfully
obtained
22
information.
23
Sec.
12.
NEW
SECTION
.
648.22C
Removal
of
personal
property.
24
Any
personal
property
of
the
defendant
remaining
on
the
25
premises
after
the
defendant’s
removal
under
section
648.22
may
26
be
immediately
disposed
of
by
the
plaintiff.
Personal
property
27
under
this
section
does
not
include
a
mobile
home
as
defined
in
28
section
562B.7,
or
the
contents
therein,
unless
the
mobile
home
29
is
the
premises.
30
Sec.
13.
EFFECTIVE
DATE.
The
following
takes
effect
July
31
1,
2026:
32
The
section
of
this
Act
amending
section
648.22.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
property
law.
2
The
bill
defines
the
term
“rent”
for
purposes
of
Code
chapter
3
562A
(uniform
residential
landlord
and
tenant
law)
to
include
4
base
rent,
utilities,
late
fees,
and
other
payments
made
by
5
the
tenant
to
the
landlord
under
the
rental
agreement.
The
6
general
assembly
made
an
identical
change
to
the
term
“rent”
in
7
Code
chapter
562B
(manufactured
home
communities
or
mobile
home
8
parks
residential
landlord
and
tenant
law)
in
2022.
9
The
bill
provides
that
in
computing
time
for
completion
of
10
service
under
Code
chapters
562A
and
562B,
the
first
day
shall
11
be
excluded
and
the
final
day
shall
be
included
regardless
of
12
whether
it
is
a
weekend
or
federal
holiday.
13
Under
current
law,
a
landlord
(Code
chapter
562A)
or
a
14
landlord
or
tenant
(Code
chapter
562B)
is
prohibited
from
15
willfully
(Code
chapter
562A)
or
knowingly
(Code
chapter
16
562B)
using
a
rental
agreement
containing
provisions
that
are
17
prohibited
by
current
law.
The
bill
alters
these
provisions
to
18
instead
prohibit
enforcing
a
provision
of
a
rental
agreement
19
that
is
prohibited
by
current
law.
The
bill
allows
a
landlord
20
access
to
a
mobile
home
owned
by
a
tenant,
after
entry
of
an
21
order
of
removal
of
the
tenant,
to
secure
the
mobile
home
or
22
mobile
home
space.
23
The
bill
provides
that
for
Code
chapters
562A,
562B,
and
648
24
(forcible
entry
and
detainer),
notices
delivered
by
posting
on
25
the
primary
entrance
door
and
mailing
to
the
premises
that
are
26
addressed
to
all
tenants
and
unknown
parties
in
possession
are
27
deemed
to
have
provided
notice
to
all
tenants,
occupants,
and
28
parties
in
possession
of
the
premises.
For
Code
chapter
648,
29
this
also
applies
to
delivery
to
a
resident
of
the
premises
30
that
is
at
least
18
years
old.
31
The
bill
allows
service
of
notice
by
mail
in
a
forcible
32
entry
and
detainer
case
to
occur
prior
to
the
two
attempts
of
33
personal
service
and
delivery
evidenced
by
an
acknowledgment
34
of
service.
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421
The
bill
provides
that
90
days’
peaceable
possession
with
1
the
knowledge
of
the
plaintiff
after
the
cause
of
action
2
accrues
is
a
bar
to
a
forcible
entry
and
detainer
proceeding.
3
This
is
a
change
from
30
days
in
current
law.
4
The
bill
provides
that
in
a
forcible
entry
and
detainer
5
action,
any
personal
property
of
the
defendant
remaining
after
6
removal
from
the
premises
may
be
disposed
of
by
the
plaintiff.
7
This
does
not
include
a
mobile
home
or
its
contents
unless
the
8
mobile
home
is
the
premises.
9
The
bill
provides
that
the
defendant’s
personal
property
10
remaining
on
the
premises
after
the
defendant’s
removal
may
be
11
disposed
of
by
the
plaintiff.
12
The
bill
requires
a
court
to
seal
the
court
records
of
an
13
eviction
action
not
later
than
three
days
from
the
date
of
the
14
order
if
any
of
the
following
have
occurred:
the
defendant
is
15
found
not
guilty,
the
case
is
dismissed,
the
plaintiff
does
not
16
appear
for
the
hearing,
or
if,
by
motion
or
upon
the
court’s
17
own
determination,
the
court
finds
there
is
no
genuine
issue
of
18
material
fact
between
the
parties.
19
The
bill
provides
that
upon
application
of
a
defendant
found
20
guilty
in
an
eviction
action
for
nonpayment
of
rent,
the
court
21
shall
seal
the
court
records
if
more
than
seven
years
have
22
passed
since
disposition,
the
applicant
has
not
been
found
23
guilty
in
a
subsequent
eviction
action
in
the
five-year
period
24
preceding
the
application,
the
applicant
within
the
last
10
25
years
has
not
been
granted
a
sealing
of
eviction
court
records,
26
and
the
applicant
has
paid
all
costs.
The
application
to
seal
27
shall
be
included
in
the
sealed
court
records.
28
The
bill
requires
the
court
in
an
eviction
action
for
29
nonpayment
of
rent
in
which
the
defendant
is
found
guilty
to
30
enter
an
order
sealing
the
court
records
if
the
application
to
31
seal
is
filed
jointly
by
the
plaintiff
and
defendant
and
the
32
defendant
has
paid
all
court
costs,
fees,
fines,
and
any
other
33
fees
ordered
by
the
court
or
clerk
of
the
district
court
in
the
34
case.
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The
bill
provides
that
upon
sealing
the
court
records,
all
1
filings,
documentation,
and
writs
of
association
shall
be
2
removed
from
any
publicly
accessible
location.
Sealed
court
3
records
shall
not
be
available
for
public
inspection
except
4
upon
request
by
the
defendant
or
the
attorney
for
the
defendant
5
by
filing
a
motion
in
the
sealed
case
or
application
to
the
6
judicial
branch
using
a
form
to
be
prescribed
by
the
supreme
7
court
for
scholarly,
educational,
journalistic,
or
governmental
8
purposes.
The
bill
requires
the
state
court
administrator
9
to
maintain
a
record
in
the
aggregate
of
all
filings
and
to
10
make
such
information
available
to
the
public
in
such
a
manner
11
prescribed
by
the
supreme
court
as
to
protect
the
identity
of
12
the
parties
while
still
providing
the
public
with
information
13
relating
to
eviction
actions.
14
Under
the
bill,
certain
provisions
do
not
apply
to
an
15
application
to
seal
a
record
for
an
eviction
action
by
a
16
defendant
found
guilty
when
a
money
judgment
has
been
awarded
17
to
the
plaintiff.
18
Certain
provisions
of
the
bill
relating
to
an
application
to
19
seal
do
not
create
an
independent
cause
of
action
by
a
tenant
20
for
use
of
lawfully
obtained
information.
21
The
provisions
of
the
bill
relating
to
the
sealing
of
court
22
records
take
effect
July
1,
2026.
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