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Senate
File
567
-
Introduced
SENATE
FILE
567
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1204)
A
BILL
FOR
An
Act
relating
to
property
law
by
modifying
provisions
related
1
to
forcible
entry
and
detainer
actions
and
to
landlord
and
2
tenant
law.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.F.
567
Section
1.
Section
562A.8,
subsection
1,
paragraph
a,
Code
1
2025,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(7)
Service
by
electronic
mail
provided
3
that
all
of
the
following
are
true:
4
(a)
In
a
separate
addendum
to
the
rental
agreement
executed
5
by
the
tenant,
the
tenant
has
expressly
consented
to
service
of
6
notice
using
electronic
mail
for
purposes
of
this
chapter.
7
(b)
The
landlord
has
delivered
the
notice
to
the
tenant
8
at
the
electronic
mail
address
provided
by
the
tenant
in
the
9
separate
addendum
described
in
subparagraph
division
(a).
10
(c)
The
tenant
has
not
revoked,
in
writing,
the
consent
for
11
service
by
electronic
mail,
with
the
burden
of
proving
such
12
revocation
being
on
the
tenant.
13
Sec.
2.
Section
562A.7,
subsection
1,
paragraph
b,
Code
14
2025,
is
amended
by
adding
the
following
new
subparagraph:
15
NEW
SUBPARAGRAPH
.
(7)
Service
by
electronic
mail
provided
16
that
all
of
the
following
are
true:
17
(a)
In
a
separate
addendum
to
the
rental
agreement
executed
18
by
the
landlord,
the
landlord
has
expressly
consented
to
19
service
of
notice
using
electronic
mail
for
purposes
of
this
20
chapter.
21
(b)
The
tenant
has
delivered
the
notice
to
the
landlord
at
22
the
electronic
mail
address
provided
by
the
landlord
in
the
23
separate
addendum
described
in
subparagraph
division
(a).
24
(c)
The
landlord
has
not
revoked,
in
writing,
the
consent
25
for
service
by
electronic
mail,
with
the
burden
of
proving
such
26
revocation
being
on
the
landlord.
27
Sec.
3.
Section
562A.29A,
subsection
1,
Code
2025,
is
28
amended
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
d.
Service
by
electronic
mail
provided
that
30
all
of
the
following
are
true:
31
(1)
In
a
separate
addendum
to
the
rental
agreement
executed
32
by
the
tenant,
the
tenant
has
expressly
consented
to
service
of
33
notice
using
electronic
mail
for
purposes
of
this
section.
34
(2)
The
landlord
has
delivered
the
notice
to
the
tenant
35
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at
the
electronic
mail
address
provided
by
the
tenant
in
the
1
separate
addendum
described
in
subparagraph
(1).
2
(3)
The
tenant
has
not
revoked,
in
writing,
the
consent
for
3
service
by
electronic
mail,
with
the
burden
of
proving
such
4
revocation
being
on
the
tenant.
5
Sec.
4.
Section
562B.9,
subsection
1,
paragraph
a,
Code
6
2025,
is
amended
by
adding
the
following
new
subparagraph:
7
NEW
SUBPARAGRAPH
.
(7)
Service
by
electronic
mail
provided
8
that
all
of
the
following
are
true:
9
(a)
In
a
separate
addendum
to
the
rental
agreement
executed
10
by
the
tenant,
the
tenant
has
expressly
consented
to
service
of
11
notice
using
electronic
mail
for
purposes
of
this
chapter.
12
(b)
The
landlord
has
delivered
the
notice
to
the
tenant
13
at
the
electronic
mail
address
provided
by
the
tenant
in
the
14
separate
addendum
described
in
subparagraph
division
(a).
15
(c)
The
tenant
has
not
revoked,
in
writing,
the
consent
for
16
service
by
electronic
mail,
with
the
burden
of
proving
such
17
revocation
being
on
the
tenant.
18
Sec.
5.
Section
562B.9,
subsection
1,
paragraph
b,
Code
19
2025,
is
amended
by
adding
the
following
new
subparagraph:
20
NEW
SUBPARAGRAPH
.
(7)
Service
by
electronic
mail
provided
21
that
all
of
the
following
are
true:
22
(a)
In
a
separate
addendum
to
the
rental
agreement
executed
23
by
the
landlord,
the
landlord
has
expressly
consented
to
24
service
of
notice
using
electronic
mail
for
purposes
of
this
25
chapter.
26
(b)
The
tenant
has
delivered
the
notice
to
the
landlord
at
27
the
electronic
mail
address
provided
by
the
landlord
in
the
28
separate
addendum
described
in
subparagraph
division
(a).
29
(c)
The
landlord
has
not
revoked,
in
writing,
the
consent
30
for
service
by
electronic
mail,
with
the
burden
of
proving
such
31
revocation
being
on
the
landlord.
32
Sec.
6.
Section
562B.27A,
subsection
1,
Code
2025,
is
33
amended
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
d.
Service
by
electronic
mail
provided
that
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all
of
the
following
are
true:
1
(1)
In
a
separate
addendum
to
the
rental
agreement
executed
2
by
the
tenant,
the
tenant
has
expressly
consented
to
service
of
3
notice
using
electronic
mail
for
purposes
of
this
section.
4
(2)
The
landlord
has
delivered
the
notice
to
the
tenant
5
at
the
electronic
mail
address
provided
by
the
tenant
in
the
6
separate
addendum
described
in
subparagraph
(1).
7
(3)
The
tenant
has
not
revoked,
in
writing,
the
consent
for
8
service
by
electronic
mail,
with
the
burden
of
proving
such
9
revocation
being
on
the
tenant.
10
Sec.
7.
NEW
SECTION
.
648.3A
Service
by
electronic
mail.
11
All
notices
required
or
permitted
to
be
served
pursuant
to
12
sections
648.3,
648.4,
and
648.5
may
be
served
upon
the
tenant
13
by
electronic
mail
provided
that
all
of
the
following
are
true:
14
1.
In
a
separate
addendum
to
the
rental
agreement
executed
15
by
the
tenant,
the
tenant
has
expressly
consented
to
service
of
16
notice
using
electronic
mail
for
purposes
of
this
section
and
17
sections
648.3,
648.4,
and
648.5.
18
2.
The
landlord
has
delivered
the
notice
to
the
tenant
19
at
the
electronic
mail
address
provided
by
the
tenant
in
the
20
separate
addendum
identified
in
subsection
1.
21
3.
The
tenant
has
not
revoked,
in
writing,
the
consent
for
22
service
by
electronic
mail,
with
the
burden
of
proving
such
23
revocation
being
on
the
tenant.
24
Sec.
8.
Section
648.5,
subsection
1,
paragraph
a,
Code
2025,
25
is
amended
to
read
as
follows:
26
a.
An
action
for
forcible
entry
and
detainer
shall
be
27
brought
in
a
county
where
all
or
part
of
the
premises
is
28
located.
Such
an
action
shall
be
tried
as
an
equitable
action.
29
Upon
receipt
of
the
petition,
the
court
shall
set
a
date,
30
time,
and
place
for
hearing.
All
hearings,
including
any
31
court-ordered
pretrial
mediation,
shall
be
held
using
remote
32
or
virtual
technology,
unless
any
party
files
with
the
court
33
a
request
for
an
in-person
hearing.
The
court
shall
grant
a
34
request
for
an
in-person
hearing.
The
court
shall
set
the
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date
of
hearing
no
later
than
eight
days
from
the
filing
date,
1
except
that
the
court
shall
set
a
later
hearing
date
no
later
2
than
fifteen
days
from
the
date
of
filing
if
the
plaintiff
3
requests
or
consents
to
the
later
date
of
hearing.
4
Sec.
9.
NEW
SECTION
.
648.24
Expungement
——
sealing
of
court
5
records.
6
1.
In
a
forcible
entry
and
detainer
action,
the
court
7
records
of
the
action
shall
be
sealed
if
any
of
the
following
8
occurs:
9
a.
The
defendant
is
found
not
guilty.
10
b.
The
case
is
dismissed.
11
2.
Upon
application
of
a
defendant
in
an
action
for
forcible
12
entry
and
detainer,
the
court
shall
enter
an
order
sealing
13
the
court
records
of
the
action
under
any
of
the
following
14
circumstances:
15
a.
The
action
for
forcible
entry
and
detainer
was
filed
16
against
the
defendant
that
was
not
in
violation
of
the
17
lease
due
to
a
clerical
error,
mistaken
identity,
or
other
18
demonstrable
error
of
the
plaintiff.
19
b.
The
action
for
forcible
entry
and
detainer
was
filed
in
20
violation
of
section
562A.36
or
562B.32.
21
c.
Seven
or
more
years
have
passed
since
the
defendant
was
22
found
guilty
in
an
action
for
forcible
entry
and
detainer.
23
d.
The
defendant
was
found
guilty
in
an
action
for
forcible
24
entry
and
detainer
arising
from
nonpayment
of
rent,
the
tenant
25
has
subsequently
repaid
all
rent,
fees,
and
legal
costs
to
the
26
landlord,
the
landlord
consents
to
the
expungement,
and
the
27
tenant
has
not
been
granted
relief
under
this
paragraph
in
the
28
prior
seven
years.
29
3.
Upon
application
by
the
defendant
of
an
action
30
for
forcible
entry
and
detainer,
the
court
shall
hold
an
31
evidentiary
hearing
to
determine
if
the
court
records
should
32
be
sealed.
The
burden
of
proof
shall
be
on
the
defendant
to
33
demonstrate
that
the
defendant
is
eligible
for
expungement
34
pursuant
to
subsection
2.
In
making
the
finding,
the
court
may
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consider
all
of
the
following
evidence:
1
a.
The
testimony
of
the
plaintiff
and
defendant.
2
b.
Documentation
related
to
the
action
for
forcible
entry
3
and
detainer,
including
the
lease
agreement,
notices,
and
court
4
filings.
5
c.
Evidence
of
alleged
error
or
retaliatory
conduct,
6
including
correspondence,
maintenance
requests,
and
city,
7
county,
or
state
code
violation
reports.
8
d.
Any
other
relevant
evidence.
9
4.
If
the
court
finds
that
the
defendant
has
met
the
burden
10
of
proof
under
subsection
3,
the
court
shall
issue
an
order
11
requiring
sealing
of
the
action
for
forcible
entry
and
detainer
12
record.
The
order
to
seal
shall
do
all
of
the
following:
13
a.
Direct
the
court
clerk
to
seal
the
action
for
forcible
14
entry
and
detainer
record.
15
b.
Prohibit
any
party
from
disclosing
the
existence
of
the
16
sealed
record.
17
c.
Provide
that
the
sealed
record
shall
not
be
considered
18
in
any
future
legal
proceedings,
including
applications
for
19
housing.
20
5.
Except
as
provided
in
subsection
2,
paragraph
“d”
,
this
21
section
shall
not
apply
to
an
action
for
forcible
entry
and
22
detainer
where
the
judgment
for
possession
was
entered
against
23
the
defendant
due
to
nonpayment
of
rent,
unless
the
tenant
24
can
demonstrate
by
clear
and
convincing
evidence
that
the
25
nonpayment
of
rent
was
the
direct
result
of
the
plaintiff’s
26
retaliatory
conduct.
27
6.
This
section
does
not
preclude
a
landlord
from
pursuing
28
other
legal
remedies
available
to
the
landlord,
including
29
filing
a
subsequent
action
for
forcible
entry
and
detainer.
30
7.
This
section
does
not
create
an
independent
cause
of
31
action
by
a
tenant
for
use
of
lawfully
obtained
information
by
32
a
landlord,
including
information
that
the
court
should
have
33
but
failed
to
expunge.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
property
law
and
modifies
provisions
3
related
to
forcible
entry
and
detainer
actions
and
landlord
and
4
tenant
law.
5
The
bill
permits
tenants
and
landlords
to
consent
to
6
notice
by
electronic
mail
by
executing
a
separate
addendum
7
to
rental
agreements
under
Code
chapters
562A
(uniform
8
residential
landlord
and
tenant
law)
and
562B
(manufactured
9
home
communities
or
mobile
home
parks
residential
landlord
and
10
tenant
law).
The
bill
also
provides
that
notice
for
a
forcible
11
entry
and
detainer
action
may
be
served
by
electronic
mail
if
12
consented
to
by
the
tenant.
13
The
bill
requires
that
all
hearings
in
a
forcible
entry
14
and
detainer
action,
unless
the
parties
file
a
request
for
15
an
in-person
hearing,
shall
be
held
using
remote
or
virtual
16
technology.
17
The
bill
requires
the
court
to
seal
the
court
records
of
18
a
forcible
entry
and
detainer
if
the
defendant
is
found
not
19
guilty
or
the
case
was
dismissed.
20
The
bill
allows
the
court
to
seal
a
forcible
entry
and
21
detainer
action
court
record
upon
application
by
the
defendant
22
if
any
of
the
following
circumstances
occur:
(1)
the
action
23
was
filed
against
a
tenant
that
was
not
in
violation
of
the
24
lease
due
to
a
clerical
error,
mistaken
identity,
or
other
25
demonstrable
error
made
by
the
landlord,
(2)
the
action
was
26
filed
in
violation
of
Code
section
562A.36
(retaliatory
conduct
27
prohibited)
or
Code
section
562B.32
(retaliatory
conduct
28
prohibited),
(3)
seven
or
more
years
have
passed
since
the
29
tenant
was
found
guilty
in
the
action,
or
(4)
the
tenant
was
30
found
guilty
in
an
action
arising
from
nonpayment
of
rent,
the
31
tenant
subsequently
repaid
all
rent,
fees,
and
legal
costs
to
32
the
landlord,
the
landlord
consents
to
the
expungement,
and
33
the
tenant
has
not
been
granted
such
relief
in
the
prior
seven
34
years.
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567
The
bill
requires
the
court
to
hold
an
evidentiary
hearing
1
to
determine
whether
the
court
records
for
the
forcible
entry
2
and
detainer
action
should
be
sealed.
The
court
may
consider
3
the
following
as
evidence:
(1)
the
testimony
of
the
plaintiff
4
and
defendant,
(2)
documentation
related
to
the
action,
(3)
5
evidence
of
alleged
error
or
retaliatory
conduct,
and
(4)
any
6
other
relevant
evidence.
7
The
bill
provides
that
if
the
court
finds
that
the
defendant
8
has
met
the
burden
of
proof,
the
court
shall
issue
an
order
9
requiring
sealing
the
record.
The
order
to
seal
is
required
to
10
do
the
following:
(1)
direct
the
court
clerk
to
seal
the
court
11
record,
(2)
prohibit
any
party
from
disclosing
the
existence
of
12
the
sealed
record,
and
(3)
provide
that
the
sealed
record
shall
13
not
be
considered
in
any
future
legal
proceedings.
14
The
bill
does
not
apply
to
an
action
arising
from
the
15
nonpayment
of
rent
unless
the
nonpayment
of
rent
was
the
16
direct
result
of
the
landlord’s
retaliatory
conduct
except
as
17
otherwise
provided
in
the
bill.
18
The
bill
does
not
prohibit
a
landlord
from
pursuing
other
19
legal
remedies
available
to
the
landlord.
20
The
bill
does
not
create
an
independent
cause
of
action
by
21
a
tenant
for
use
of
lawfully
obtained
information,
including
22
information
that
the
court
should
have
but
failed
to
expunge.
23
-7-
LSB
2401SV
(1)
91
cm/jh
7/
7