Relating to property law, including manufactured or mobile home retailer licenses, rent, rental agreements, notice requirements, and possession of property

This bill relates to property law. The bill increases the annual fee for a manufactured or mobile home retailer license from $100 to $120. 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 a landlord from willfully (Code chapter 562A) or knowingly (Code chapter 562B) 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.