SERVICE OF NOTICES TO TENANTS

NEW LAW MARCH 2, 2010

Revises Iowa Landlord Tenant rules forService of notices for:

Permanent and manufactured housing underIowa Code = IC Chapter 562A, and 562B

Forcible Entry and Detainer rules for service of Original Notice, and Notices under IC Chapter 648

I. Regular Notices 562A.8

(Not for Notice to Cure Breach or Terminate, 3 Day Pay Rent, 3 Day Quit, Clear and Present Danger )

Can be served:

1. Hand delivery to tenant

(No prohibition of Landlord delivering.)

2. Delivery acknowledgment and dated signed by resident of the unit age 18.

Constitutes notice to all tenants.

(No prohibition of Landlord delivering and getting signed acknowledgment.)

  1. Personal service pursuant to Iowa Rule of Civil Procedure under 1.305.

(By process server or deputy)

On adult competent

  1. Signed dated acknowledgment
  2. Serving individual personally
  3. Serving at unit any person residing age 18
  4. On spouse at other locations if they live together.

And on other classes of parties as set forth in 1.305

  1. Mailing regular and certified mail (any method where post office provides receipt to prove mailing)

Addressed to unit, or address provided by tenant for mailing.

  1. Posting on primary door of unit.

Posted within time period applicable for service and include date of posting.

  1. Alternate method that results in the notice actually being received by the tenant.

This section does not provide for when a mailed or posted notice is deemed served. But, it is not a time-critical notice, so time should not be critical.

This type of notice should not need to have an affidavit of service, however the Landlord will want to keep records of what notices of this type were served on tenants.

  1. Termination and Quit Notices under 562A.29A.

Covering Termination under 562A.27

  1. Breach and notice to cure for material breach,

or breach of material health and safety under 562A.17.

  1. Pay Rent
  2. Municiple housing breach

Also

  1. Clear and Present Danger 562A.27A
  2. Notice to Quit 648.3

(There is no provision under this new statute for the Landlord to hand deliver to the Tenant without getting a signed acknowledgment by the tenant, and have it be considered proved it was served. The process server or sheriff can under IRCP 1.305, see #2. below. )

Can be served:

1. Delivery acknowledgment and dated signed by resident of the unit age 18.

Constitutes notice to all tenants.

(No prohibition of Landlord delivering and getting signed acknowledgment.)

2. Personal service pursuant to Iowa Rule of Civil Procedure under 1.305.

(By process server or deputy)

On adult competent

  1. Signed dated acknowledgment
  2. Serving individual personally
  3. Serving at unit any person residing age 18
  4. On spouse at other location if they live together.

And on other classes of parties as set forth in 1.305

  1. Posting on primary door of unit and mailing by both regular mail and certified mail (post office receipt to prove mailing), to unit address, tenant’s last known address if different.

Posted within time period applicable for service and include date of posting.

Mailed notice is deemed completed four (4) days after mailed, whether or not recipient signs for receipt.

To prove service of these notices to the judge/magistrate, need to have the signed acknowledgment by the tenant, return of service by the process server or deputy, or the person posting and mailing will need to fill out an affidavit of service describing the time and manner in which the notice was posted and mailed, and attach copies of the documents mailed or posted, and post office receipt for mailing. See IC 648.5, as revised by the statute.

  1. Forcible Entry and Detainer Original Notice IC 648.5

1.Hearing in 8 days from filing, or 15 days if plaintiff requests or consents to a later date.

Need 3 days notice of hearing.

2.Original Notice Served:

  1. Delivery acknowledgment and dated signed by resident of the unit age 18. Constitutes notice to all tenants or residents of unit.

Must be signed no less than 3 days prior to hearing.

(No prohibition in the statute of Landlord getting signed acknowledgment.)

  1. Personal service pursuant to Iowa Rule of Civil Procedure under 1.305.

(By process server or deputy)

On adult competent

  1. Signed dated acknowledgment
  2. Serving individual personally
  3. Serving at unit any person residing age 18
  4. On spouse in other locations if they live together.

And on other classes of parties as set forth in 1.305

Must be served no less than 3 days prior to hearing.

  1. If fail i. and ii. above, after two attempts may
  2. Post on primary door

No less than 3 days prior to the hearing.

Include date of posting. AND

  1. Mail both regular and certified (post office receipt proving mailing) to address of unit, or defendant’s last known address if different.

Service of ON by mail shall be not less than 3 days prior to hearing.

Service of ON by mail is deemed completed in 4 days.

CAUTION: YOU NEED TO MAIL 7 DAYS BEFORE THE HEARING. 4 DAYS TO DEEM MAILED Original NoticeIS SERVED, AND NEED SERVICE 3 DAYS PRIOR TO HEARING.

This means if you file FED, and hearing in 8 days, you have one day to attempt 2 services, and post and mail.

AND

  1. File necessary affidavits describing time and manner in which notice was posted and mailed – attach copies of documents mailed and posted. This can be filed at or before the hearing.

iv. If Original Notice cannot be served in time, can set new hearing.

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