SF 412 — A bill for an act relating to property law, including rent, rental agreements, notice requirements, and possession of property.

8.

Section 562B.9, subsection 1, paragraph b, Code 2025, is amended by adding the following new subparagraph:

NEW SUBPARAGRAPH .

(7) Service by electronic mail provided that all of the following are true:

(a) In a separate addendum to the rental agreement executed by the landlord, the landlord has expressly consented to service of notice using electronic mail for purposes of this chapter.

(b) The tenant has delivered the notice to the landlord at the electronic mail address provided by the landlord in the separate addendum described in subparagraph division (a).

(c) The landlord has not revoked, in writing, the consent for service by electronic mail, with the burden of proving such revocation being on the landlord.

Sec.

9.

A provision in a rental agreement that is prohibited by this section included in a rental agreement is unenforceable.

IfSF a412 landlord(3) or91 tenant-3- knowinglyll/jh/mb uses3/9 enforcesS.F. a provision in a rental agreement containing provisions known to be prohibited by this chapter, the other party may recover actual damages sustained.

412 If a landlord or tenant knowingly uses a rental agreement containing provisions known to be prohibited by this chapter willfully enforces a known prohibited provision, the other party may recover actual damages sustained.

5.10.

Section 562B.20, subsection 1, Code 2025, is amended LSBto 1760SVread (2)as 91follows: -1- ll/jh 1/5 S.F.

412 to read as follows:

6.11.

7.12.

Section 562B.27A, subsection 1, Code 2025, is amended by adding the following new paragraph:

NEW PARAGRAPH .

d.

Posting on the primary entrance door of the dwelling unit, with the date the notice was posted included on the notice, and service by electronic mail provided that all of the following are true:

(1) In a separate addendum to the rental agreement executed by the tenant, the tenant has expressly consented to service of notice using electronic mail for purposes of this section.

SF 412 (3) 91 -4- ll/jh/mb 4/9 S.F.

412 (2) The landlord has delivered the notice to the tenant at the electronic mail address provided by the tenant in the separate addendum described in subparagraph (1).

(3) The tenant has not revoked, in writing, the consent for service by electronic mail, with the burden of proving such revocation being on the tenant.

Sec.

13.

A notice posted according to this paragraph LSBshall 1760SVbe (2)posted 91within -2-the ll/jhapplicable 2/5time S.F.period for serving notice and shall include the date the notice was posted.

412 shall be posted within the applicable time period for serving notice and shall include the date the notice was posted.

8.14.

Section 648.3, subsection 2, Code 2025, is amended by adding the following new paragraph:

NEW PARAGRAPH .

d.

Posting on the primary entrance door of the premises, with the date the notice was posted included on the notice, and service by electronic mail provided that all of the following are true:

(1) In a separate addendum to the rental agreement executed by the tenant, the tenant has expressly consented to service of notice using electronic mail for purposes of this section SF 412 (3) 91 -5- ll/jh/mb 5/9 S.F.

412 and sections 648.4 and 648.5.

(2) The landlord has delivered the notice to the tenant at the electronic mail address provided by the tenant in the separate addendum identified in subparagraph (1).

(3) The tenant has not revoked, in writing, the consent for service by electronic mail, with the burden of proving such revocation being on the tenant.

Sec.

15.

Section 648.5, subsection 1, paragraph a, Code 2025, is amended to read as follows:

a.

An action for forcible entry and detainer shall be brought in a county where all or part of the premises is located.

Such an action shall be tried as an equitable action.

Upon receipt of the petition, the court shall set a date, time, and place for hearing.

The court shall set the date of hearing no later than eight days from the filing date, except that the court shall set a later hearing date no later than fifteen days from the date of filing if the plaintiff requests or consents to the later date of hearing.

Upon motion by any party, proceedings, including any court-ordered pretrial mediation, may be conducted by video conference with the parties and other participants if the hearing is able to be conducted in an efficient manner, does not prejudice a substantial right of any party, and appropriate technology is available.

A nonmoving party may attend any such hearing in person without further notice, motion, or leave of court.

Sec.

16.

An original notice posted according to this paragraph shall be posted not less than three days prior to the hearing and shall includeSF the412 date(3) the91 original-6- noticell/jh/mb was6/9 posted.S.F.

412 include the date the original notice was posted.

9.17.

Thirty NinetySixty days’ peaceable possession with the knowledge of the plaintiff after the cause of action accrues is a bar to this proceeding.

10.18.

If the defendant is found guilty, judgment shall be entered that the defendant be removed from the premises, and that the plaintiff be put in possession of the premises, and an execution for the defendant’s removal within three days from the judgment shall issue accordingly, to which shall be added a clause commanding the officer to collect the costs as LSBin 1760SVordinary (2)cases. 91 -3- ll/jh 3/5 S.F.

412 in ordinary cases.

EXPLANATIONSec. The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.

This19. bill relates to property law.

TheNEW billSECTION. defines the term “rent” for purposes of Code chapter 562A (uniform residential landlord and tenant law) to include base rent, utilities, late fees, and other payments made by the tenant to the landlord under the rental agreement.

The648.24 generalExpungement assembly—— madesealing anof identicalcourt changerecords. to the term “rent” in Code chapter 562B (manufactured home communities or mobile home parks residential landlord and tenant law) in 2022.

UnderUpon currentapplication law,of a landlorddefendant (Codein chapteran 562A)action orfor aforcible landlordentry orand tenantdetainer, (Codethe chaptercourt 562B)shall isenter prohibitedan fromorder willfullysealing (Codethe chaptercourt 562A)records orof knowinglythe (Codeaction chapterunder 562B)any usingof athe rentalfollowing agreementcircumstances: containing provisions that are prohibited by current law.

The1. bill alters these provisions to instead prohibit enforcing a provision of a rental agreement that is prohibited by current law.

Thea. bill allows a landlord access to a mobile home owned by a tenant, after entry of an order of removal of the tenant, to secure the mobile home or mobile home space.

The billaction provideswas thatfiled foragainst Codethe chaptersdefendant 562A,for 562B,nonpayment andof 648rent (forcible entry and detainer),the noticesdefendant deliveredprevailed by posting on the primarymerits entranceof doorthe andcase mailingor to the premisescase thatwas aredismissed addressedbecause tothe allplaintiff tenantsSF and412 unknown(3) parties91 in-7- possessionll/jh/mb are7/9 deemedS.F. to have provided notice to all tenants, occupants, and parties in possession of the premises.

For412 Codefailed chapter 648, this also applies to deliveryappear. to a resident of the premises LSB 1760SV (2) 91 -4- ll/jh 4/5 S.F.

412A thatdefendant is atdeemed leastto 18have yearsprevailed old.on the merits of the case including but not limited to when a court determines that the action for forcible entry and detainer was filed by a plaintiff against a defendant who was not in violation of the lease due to clerical error, mistaken identity, or other demonstrable error of the plaintiff, or was filed by the plaintiff in violation of section 562A.36 or 562B.32.

Theb. bill allows service of notice by mail in a forcible entry and detainer case to occur prior to the two attempts of personal service and delivery evidenced by an acknowledgment of service.

TheExpungement billof providesall thatrecords 90by days’order peaceableof possessionthe withcourt pursuant to this subsection shall occur within three days of a properly filed application by the knowledgedefendant requesting expungement of records of an action for nonpayment of rent where the plaintiffdefendant afterhad prevailed on the causemerits of actionthe accruescase isor athe barcase tohad abeen forcibledismissed entrybecause andthe detainerplaintiff proceeding.failed to appear.

Thisc. is a change from 30 days in current law.

TheThis billsubsection providesdoes thatnot inapply aif forciblethe entryaction andwas detainerdismissed action,by anythe personalplaintiff propertyfor ofreasons theother defendantthan remaininga afterfailure removalto fromappear on the premisespart may be disposed of by the plaintiff.

This2. does not include a mobile home or its contents unless the mobile home is the premises.

LSBa. 1760SV (2) 91 -5- ll/jh 5/5

The defendant was found guilty in the action for nonpayment of rent and less than seven years has passed, and the defendant’s application requesting expungement is accompanied by the plaintiff’s notarized written consent for expungement of all records on the action and, in such consent, the plaintiff attests that the defendant has made satisfactory payment of unpaid rent and fees owed to the plaintiff under the lease agreement and the defendant has made satisfactory payment of all money judgments associated with the action.

b.

A landlord shall not be obligated to consent to the request of a tenant to expunge all records on the action under this subsection.

c.

A tenant may only request expungement of all records on an action for forcible entry and detainer pursuant to this subsection once in a seven-year period.

d.

The supreme court shall prescribe a plaintiff consent form that may be used for purposes of this subsection and shall provide the form to the public on the judicial branch’s SF 412 (3) 91 -8- ll/jh/mb 8/9 S.F.

412 internet site.

3.

Seven or more years have passed since the defendant was found guilty in an action for forcible entry and detainer based on the grounds of nonpayment of rent when due.

SF 412 (3) 91 -9- ll/jh/mb 9/9