Bill Text: IA SF463 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to landlord remedies and procedures relating to failure to timely pay rent and forcible entry and detainer. (Formerly SSB 1053.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-04-26 - Withdrawn. S.J. 1156. [SF463 Detail]

Download: Iowa-2019-SF463-Introduced.html
Senate File 463 - Introduced SENATE FILE 463 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1053) A BILL FOR An Act relating to landlord remedies and procedures relating to 1 failure to timely pay rent and forcible entry and detainer. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1901SV (2) 88 js/rn
S.F. 463 Section 1. Section 562A.9, subsection 4, Code 2019, is 1 amended to read as follows: 2 4. For rental agreements in which the rent does not exceed 3 seven hundred dollars per month, a rental agreement shall not 4 provide for a late fee that exceeds twelve dollars per day or a 5 total amount of sixty dollars per month. For rental agreements 6 in which the rent is greater than seven hundred dollars per 7 month but less than one thousand four hundred dollars per 8 month , a rental agreement shall not provide for a late fee that 9 exceeds twenty dollars per day or a total amount of one hundred 10 dollars per month. For rental agreements in which the rent is 11 at least one thousand four hundred dollars per month, a rental 12 agreement shall not provide for a late fee that exceeds two 13 percent of the rent per day or a total amount of ten percent of 14 the rent per month. 15 Sec. 2. Section 562B.10, subsection 4, Code 2019, is amended 16 to read as follows: 17 4. For rental agreements in which the rent does not exceed 18 seven hundred dollars per month, a rental agreement shall not 19 provide for a late fee that exceeds twelve dollars per day or a 20 total amount of sixty dollars per month. For rental agreements 21 in which the rent is greater than seven hundred dollars per 22 month but less than one thousand four hundred dollars per 23 month , a rental agreement shall not provide for a late fee that 24 exceeds twenty dollars per day or a total amount of one hundred 25 dollars per month. For rental agreements in which the rent is 26 at least one thousand four hundred dollars per month, a rental 27 agreement shall not provide for a late fee that exceeds two 28 percent of the rent per day or a total amount of ten percent of 29 the rent per month. 30 Sec. 3. Section 648.5, subsection 1, Code 2019, is amended 31 to read as follows: 32 1. An action for forcible entry and detainer shall be 33 brought in a county where all or part of the premises is 34 located. Such an action shall be tried as an equitable action. 35 -1- LSB 1901SV (2) 88 js/rn 1/ 2
S.F. 463 Upon receipt of the petition, the court shall set a date, 1 time, and place for hearing. The court shall set the date 2 of hearing no later than eight days from the filing date, 3 except that the court shall set a later hearing date no later 4 than fifteen days from the date of filing if the plaintiff 5 requests or consents to the later date of hearing. The 6 requirement regarding the setting of the initial hearing is not 7 a jurisdictional requirement and does not affect the court’s 8 subject matter jurisdiction to hear the action for forcible 9 entry and detainer. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to landlord remedies and procedures 14 relating to failure to timely pay rent and forcible entry and 15 detainer. 16 Current law caps late fees on rental agreements in which 17 rent is greater than $700 per month at $20 per day and $100 per 18 month. 19 The bill allows a rental agreement to provide for late fees 20 not to exceed 2 percent of the rent per day and 10 percent of 21 the rent per month when rent exceeds $1,400 per month. 22 The bill also makes a procedural change relating to 23 jurisdiction in actions for forcible entry and detainer. 24 -2- LSB 1901SV (2) 88 js/rn 2/ 2
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