HF 495 – Amends 562A – Iowa Uniform Residential Landlord Tenant Act

House File 495 (f/k/a HSB28) –

Amends 562A for Late Fees, Intentional Damage to Rental Property, Waivers  

Current and Historical Bill Information

  • Joe Kelly’s Summary of HF 495
    1. The schedule of allowable late fees will be moved from chapter 535, the money and interest chapter, to chapter 562A, where everyone can access it easier.  Remaining in chapter 535 will be the language exempting late fees on rent from the state usury law.
    2. The definition of “presumption” is moved from the retaliation section of 562A to the general definition section so that it applies to the entire chapter, rather than just one subsection.
    3. The definition of resident means an occupant of the dwelling unit who is at least 18 years of age.
    4. After the negotiation session yesterday, the late fee section has been agreed to as follows:  For rent $700 and under, a landlord may obtain no more than $12 per day, not to exceed $60  per month.  For rents over $700 per month, the late fees shall not exceed $20 per day, and not to exceed $100 in a month.
    5. It will be clear in chapter 562A that a tenant who intentionally damages rental property may be subject to criminal charges under chapter 716.
    6. HF 495 will allow the landlord to grant waivers for a term of days without losing the right to evict for the original breach.

 

  • HF495 – may see further amendment but as of March 19, 2013, we are encouraged.  The bill passed unanimously out of the HJC – 21-0.
  • The provision reducing time for service of an FED from 4 days to 3 days — has been dropped.
  • Legis.Iowa.Gov – Current Bill status page  – for the most up-to-date information
  • PDF File of the actual HSB 28 (as of Jan 19, 2013)