Bill > SF421

Introduced Session

This bill relates to property law. The bill 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. The general assembly made an identical change to the term “rent” in Code chapter 562B (manufactured home communities or mobile home parks residential landlord and tenant law) in 2022. The bill provides that in computing time for completion of service under Code chapters 562A and 562B, the first day shall be excluded and the final day shall be included regardless of whether it is a weekend or federal holiday. Under current law, a landlord (Code chapter 562A) or a landlord or tenant (Code chapter 562B) is prohibited from willfully (Code chapter 562A) or knowingly (Code chapter 562B) using a rental agreement containing provisions that are prohibited by current law. The bill alters these provisions to instead prohibit enforcing a provision of a rental agreement that is prohibited by current law. The 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 bill provides that for Code chapters 562A, 562B, and 648 (forcible entry and detainer), notices delivered by posting on the primary entrance door and mailing to the premises that are addressed to all tenants and unknown parties in possession are deemed to have provided notice to all tenants, occupants, and parties in possession of the premises. For Code chapter 648, this also applies to delivery to a resident of the premises that is at least 18 years old. The 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. The bill provides that 90 days’ peaceable possession with the knowledge of the plaintiff after the cause of action accrues is a bar to a forcible entry and detainer proceeding. This is a change from 30 days in current law. The bill provides that in a forcible entry and detainer action, any personal property of the defendant remaining after removal from the premises may be disposed of by the plaintiff. This does not include a mobile home or its contents unless the mobile home is the premises. The bill provides that the defendant’s personal property remaining on the premises after the defendant’s removal may be disposed of by the plaintiff. The bill requires a court to seal the court records of an eviction action not later than three days from the date of the order if any of the following have occurred: the defendant is found not guilty, the case is dismissed, the plaintiff does not appear for the hearing, or if, by motion or upon the court’s own determination, the court finds there is no genuine issue of material fact between the parties. The bill provides that upon application of a defendant found guilty in an eviction action for nonpayment of rent, the court shall seal the court records if more than seven years have passed since disposition, the applicant has not been found guilty in a subsequent eviction action in the five-year period preceding the application, the applicant within the last 10 years has not been granted a sealing of eviction court records, and the applicant has paid all costs. The application to seal shall be included in the sealed court records. The bill requires the court in an eviction action for nonpayment of rent in which the defendant is found guilty to enter an order sealing the court records if the application to seal is filed jointly by the plaintiff and defendant and the defendant has paid all court costs, fees, fines, and any other fees ordered by the court or clerk of the district court in the case. The bill provides that upon sealing the court records, all filings, documentation, and writs of association shall be removed from any publicly accessible location. Sealed court records shall not be available for public inspection except upon request by the defendant or the attorney for the defendant by filing a motion in the sealed case or application to the judicial branch using a form to be prescribed by the supreme court for scholarly, educational, journalistic, or governmental purposes. The bill requires the state court administrator to maintain a record in the aggregate of all filings and to make such information available to the public in such a manner prescribed by the supreme court as to protect the identity of the parties while still providing the public with information relating to eviction actions. Under the bill, certain provisions do not apply to an application to seal a record for an eviction action by a defendant found guilty when a money judgment has been awarded to the plaintiff. Certain provisions of the bill relating to an application to seal do not create an independent cause of action by a tenant for use of lawfully obtained information. The provisions of the bill relating to the sealing of court records take effect July 1, 2026.

Committee Categories

Tom Shipley (R)*, 

Subcommittee recommends passage. (on 03/05/2025)

Official Document