House Study Bill 693 HOUSE FILE BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SWAIM) A BILL FOR 1 An Act relating to the service of notice requirements for 2 landlords and tenants and the service of notice requirements 3 in an action for forcible entry and detainer and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6174HC (22) 83 md/nh PAG LIN 1 1 Section 1. Section 562A.8, Code 2009, is amended by striking 1 2 the section and inserting in lieu thereof the following: 1 3 562A.8 Notice. 1 4 1. Notices required under this chapter, except those 1 5 notices identified in section 562A.29A, shall be served as 1 6 follows: 1 7 a. A landlord shall serve notice on a tenant by one or more 1 8 of the following methods: 1 9 (1) Hand delivery to the tenant. 1 10 (2) Delivery evidenced by an acknowledgment of delivery 1 11 that is signed and dated by a resident of the dwelling unit 1 12 who is at least eighteen years of age. Delivery under this 1 13 subparagraph shall be deemed to provide notice to all tenants 1 14 of the dwelling unit. 1 15 (3) Personal service pursuant to rule of civil procedure 1 16 1.305, Iowa court rules, for the personal service of original 1 17 notice. 1 18 (4) Mailing by both regular mail and certified mail, as 1 19 defined in section 618.15, to the address of the dwelling unit 1 20 or to an address provided by the tenant for mailing. 1 21 (5) Posting on the primary entrance door of the dwelling 1 22 unit. A notice posted according to this subparagraph shall be 1 23 posted within the applicable time period for serving notice and 1 24 shall include the date the notice was posted. 1 25 (6) A method of providing notice that results in the notice 1 26 actually being received by the tenant. 1 27 b. A tenant shall serve notice on a landlord by one or more 1 28 of the following methods: 1 29 (1) Hand delivery to the landlord or the landlord's agent 1 30 designated under section 562A.13. 1 31 (2) Delivery evidenced by an acknowledgment of delivery 1 32 that is signed and dated by the landlord or the landlord's 1 33 agent designated under section 562A.13. 1 34 (3) Personal service pursuant to rule of civil procedure 1 35 1.305, Iowa court rules, for the personal service of original 2 1 notice. 2 2 (4) Delivery to an employee or agent of the landlord at the 2 3 landlord's business office. 2 4 (5) Mailing by both regular mail and certified mail, as 2 5 defined in section 618.15, to the address of the landlord's 2 6 business office or to an address designated by the landlord for 2 7 mailing. 2 8 (6) A method of providing notice that results in the notice 2 9 actually being received by the landlord. 2 10 2. Notice served by mail under this section is deemed 2 11 completed four days after the notice is deposited in the mail 2 12 and postmarked for delivery, whether or not the recipient signs 2 13 a receipt for the notice. 2 14 Sec. 2. Section 562A.12, subsection 6, Code 2009, is amended 2 15 to read as follows: 2 16 6. Upon termination of the landlord's interest in the 2 17 dwelling unit, the landlord's successor in interest shall have 2 18 all the rights and obligations of the landlord with respect to 2 19 the rental deposits, except that if the tenant does not object 2 20 to the stated amount within twenty days after written notice to 2 21 the tenant of the amount of rental deposit being transferred or 2 22 assumed, the obligations of the landlord's successor to return 2 23 the deposit shall be limited to the amount contained in the 2 24 notice. The notice shall contain a stamped envelope addressed 2 25 to the landlord's successor and may be given by mail or by . 2 26 personal service 2 27 Sec. 3. Section 562A.29A, Code 2009, is amended by striking 2 28 the section and inserting in lieu thereof the following: 2 29 562A.29A Method of service of notice on tenant. 2 30 1. A written notice of termination required under section 2 31 562A.27, subsection 1, 2, or 5, a notice of termination and 2 32 notice to quit under section 562A.27A, or a notice to quit 2 33 required by section 648.3, shall be served upon the tenant by 2 34 one or more of the following methods: 2 35 a. Delivery evidenced by an acknowledgment of delivery 3 1 that is signed and dated by a resident of the dwelling unit 3 2 who is at least eighteen years of age. Delivery under this 3 3 paragraph shall be deemed to provide notice to all tenants of 3 4 the dwelling unit. 3 5 b. Personal service pursuant to rules of civil procedure 3 6 1.305, Iowa court rules, for the personal service of original 3 7 notice. 3 8 c. Posting on the primary entrance door of the dwelling 3 9 unit and mailing by both regular mail and certified mail, as 3 10 defined in section 618.15, to the address of the dwelling 3 11 unit or to the tenant's last known address, if different from 3 12 the address of the dwelling unit. A notice posted according 3 13 to this paragraph shall be posted within the applicable time 3 14 period for serving notice and shall include the date the notice 3 15 was posted. 3 16 2. Notice served by mail under this section is deemed 3 17 completed four days after the notice is deposited in the mail 3 18 and postmarked for delivery, whether or not the recipient signs 3 19 a receipt for the notice. 3 20 Sec. 4. Section 562B.9, Code 2009, is amended by striking 3 21 the section and inserting in lieu thereof the following: 3 22 562B.9 Notice. 3 23 1. Notices required under this chapter, except those 3 24 notices identified in section 562B.27A, shall be served as 3 25 follows: 3 26 a. A landlord shall serve notice on a tenant by one or more 3 27 of the following methods: 3 28 (1) Hand delivery to the tenant. 3 29 (2) Delivery evidenced by an acknowledgment of delivery 3 30 that is signed and dated by a resident of the dwelling unit 3 31 who is at least eighteen years of age. Delivery under this 3 32 subparagraph shall be deemed to provide notice to all tenants 3 33 of the dwelling unit. 3 34 (3) Personal service pursuant to rule of civil procedure 3 35 1.305, Iowa court rules, for the personal service of original 4 1 notice. 4 2 (4) Mailing by both regular mail and certified mail, as 4 3 defined in section 618.15, to the address of the dwelling unit 4 4 or to an address provided by the tenant for mailing. 4 5 (5) Posting on the primary entrance door of the dwelling 4 6 unit. A notice posted according to this subparagraph shall be 4 7 posted within the applicable time period for serving notice and 4 8 shall include the date the notice was posted. 4 9 (6) A method of providing notice that results in the notice 4 10 actually being received by the tenant. 4 11 b. A tenant shall serve notice on a landlord by one or more 4 12 of the following methods: 4 13 (1) Hand delivery to the landlord or the landlord's agent 4 14 designated under section 562B.14. 4 15 (2) Delivery evidenced by an acknowledgment of delivery 4 16 that is signed and dated by the landlord or the landlord's 4 17 agent designated under section 562B.14. 4 18 (3) Personal service pursuant to rule of civil procedure 4 19 1.305, Iowa court rules, for the personal service of original 4 20 notice. 4 21 (4) Delivery to an employee or agent of the landlord at the 4 22 landlord's business office. 4 23 (5) Mailing by both regular mail and certified mail, as 4 24 defined in section 618.15, to the address of the landlord's 4 25 business office or to an address designated by the landlord for 4 26 mailing. 4 27 (6) A method of providing notice that results in the notice 4 28 actually being received by the landlord. 4 29 2. Notice served by mail under this section is deemed 4 30 completed four days after the notice is deposited in the mail 4 31 and postmarked for delivery, whether or not the recipient signs 4 32 a receipt for the notice. 4 33 Sec. 5. Section 562B.13, subsection 7, Code 2009, is amended 4 34 to read as follows: 4 35 7. Upon termination of the landlord's interest in the 5 1 manufactured home community or mobile home park, the landlord's 5 2 successor in interest shall have all the rights and obligations 5 3 of the landlord with respect to the rental deposits, except 5 4 that if the tenant does not object to the stated amount within 5 5 twenty days after written notice to the tenant of the amount of 5 6 rental deposit being transferred or assumed, the obligations 5 7 of the landlord's successor to return the deposit shall be 5 8 limited to the amount contained in the notice. The notice 5 9 shall contain a stamped envelope addressed to the landlord's 5 10 successor and may be given by mail or by personal service. 5 11 Sec. 6. Section 562B.27A, Code 2009, is amended by striking 5 12 the section and inserting in lieu thereof the following: 5 13 562B.27A Method of service of notice on tenant. 5 14 1. A written notice of termination required under section 5 15 562B.25, a notice of termination and notice to quit under 5 16 section 562B.25A, or a notice to quit required by section 5 17 648.3, shall be served upon the tenant according to one or more 5 18 of the following methods: 5 19 a. Delivery evidenced by an acknowledgment of delivery 5 20 that is signed and dated by a resident of the dwelling unit 5 21 who is at least eighteen years of age. Delivery under this 5 22 paragraph shall be deemed to provide notice to all tenants of 5 23 the dwelling unit. 5 24 b. Personal service pursuant to rule of civil procedure 5 25 1.305, Iowa court rules, for the personal service of original 5 26 notice. 5 27 c. Posting on the primary entrance door of the dwelling 5 28 unit and mailing by both regular mail and certified mail, as 5 29 defined in section 618.15, to the address of the dwelling 5 30 unit or to the tenant's last known address, if different from 5 31 the address of the dwelling unit. A notice posted according 5 32 to this paragraph shall be posted within the applicable time 5 33 period for serving notice and shall include the date the notice 5 34 was posted. 5 35 2. Notice served by mail under this section is deemed 6 1 completed four days after the notice is deposited in the mail 6 2 and postmarked for delivery, whether or not the recipient signs 6 3 a receipt for the notice. 6 4 Sec. 7. Section 631.4, subsection 2, Code Supplement 2009, 6 5 is amended by striking the subsection and inserting in lieu 6 6 thereof the following: 6 7 2. Actions for forcible entry and detainer. The manner of 6 8 service of original notice and the times for appearance for an 6 9 action for forcible entry and detainer shall be governed by the 6 10 requirements of chapter 648. 6 11 Sec. 8. Section 648.3, Code 2009, is amended to read as 6 12 follows: 6 13 648.3 Notice to quit. 6 14 1. Before action can be brought in any except the first of under any ground specified in section 648.1, three days' notice to quit must be given 6 15 the above classes, 6 16 except subsection 1, 6 17 to the defendant in writing. However, a landlord who has given 6 18 a tenant three days' notice to pay rent and has terminated 6 19 the tenancy as provided in section 562A.27, subsection 2, or 6 20 section 562B.25, subsection 2, if the tenant is renting the 6 21 manufactured or mobile home or the land from the landlord, may 6 22 commence the action without giving a three=day notice to quit. 6 23 2. A notice to quit required under subsection 1 shall 6 24 be served on the defendant according to one or more of the 6 25 following methods: 6 26 a. Delivery evidenced by an acknowledgment of delivery that 6 27 is signed and dated by a resident of the premises who is at 6 28 least eighteen years of age. Delivery under this paragraph 6 29 shall be deemed to provide notice to the defendant. 6 30 b. Personal service pursuant to rule of civil procedure 6 31 1.305, Iowa court rules, for the personal service of original 6 32 notice. 6 33 c. Posting on the primary entrance door of the premises and 6 34 mailing by both regular mail and certified mail, as defined 6 35 in section 618.15, to the address of the premises or to the 7 1 defendant's last known address, if different from the address 7 2 of the premises. A notice posted according to this paragraph 7 3 shall be posted within the applicable time period for serving 7 4 notice and shall include the date the notice was posted. 7 5 3. A notice to quit served by mail under this section is 7 6 deemed completed four days after the notice is deposited in the 7 7 mail and postmarked for delivery, whether or not the recipient 7 8 signs a receipt for the notice. 7 9 Sec. 9. Section 648.5, Code 2009, is amended by striking the 7 10 section and inserting in lieu thereof the following: 7 11 648.5 Venue == service of original notice == hearing. 7 12 1. An action for forcible entry and detainer shall be 7 13 brought in a county where all or part of the premises is 7 14 located. Such an action shall be tried as an equitable action. 7 15 Upon receipt of the petition, the court shall set a date, time, 7 16 and place for hearing. The court shall set the date of hearing 7 17 no later than eight days from the filing date, except that the 7 18 court shall set a later hearing date no later than fifteen days 7 19 from the date of filing if the plaintiff requests or consents 7 20 to the later date of hearing. 7 21 2. Original notice shall be served upon a defendant by one 7 22 or more of the following methods: 7 23 a. Delivery evidenced by an acknowledgment of service that 7 24 is signed and dated by a resident of the premises who is at 7 25 least eighteen years of age. Delivery under this paragraph 7 26 shall be deemed to provide notice to all tenants or residents 7 27 of the premises. Service of original notice under this 7 28 paragraph is invalid if the acknowledgment of service is signed 7 29 and dated less than three days prior to the hearing. 7 30 b. Personal service pursuant to rule of civil procedure 7 31 1.305, Iowa court rules, for the personal service of original 7 32 notice. Service of original notice under this paragraph shall 7 33 not occur less than three days prior to the hearing. 7 34 c. If service cannot be made following two attempts using 7 35 a method specified under paragraph "a" or "b", by posting on 8 1 the primary entrance door of the premises and mailing by both 8 2 regular mail and certified mail, as defined in section 618.15, 8 3 to the address of the premises or to the defendant's last known 8 4 address, if different from the address of the premises. An 8 5 original notice posted according to this paragraph shall be 8 6 posted not less than three days prior to the hearing and shall 8 7 include the date the original notice was posted. Service of 8 8 original notice by mailing shall occur not less than three days 8 9 prior to the hearing. 8 10 3. Service of original notice by mail is deemed completed 8 11 four days after the notice is deposited in the mail and 8 12 postmarked for delivery, whether or not the recipient signs a 8 13 receipt for the original notice. 8 14 4. If service of original notice is made by posting and 8 15 mailing under subsection 2, paragraph "c", the plaintiff 8 16 shall, at or before the time of the hearing, file one or more 8 17 affidavits describing the time and manner in which the notice 8 18 was posted and mailed. The plaintiff shall attach copies of 8 19 the documents that were mailed and posted to the affidavits. 8 20 5. A default judgment shall not be entered against a 8 21 defendant if original notice has not been served on the 8 22 defendant as required in this section. If the original notice 8 23 cannot be served within the time periods required in this 8 24 section, the court may set a new hearing date and time. 8 25 6. At the hearing, except for actions commenced as a small 8 26 claim action under chapter 631, the court shall determine 8 27 whether a genuine issue of material fact exists in the action. 8 28 If the court determines that a genuine issue of material fact 8 29 exists, an evidentiary hearing on the petition shall be held 8 30 and the court shall continue the hearing to a future date and 8 31 issue all appropriate orders relating to discovery and trial 8 32 preparation. 8 33 Sec. 10. REPEAL. Section 648.10, Code 2009, is repealed. 8 34 Sec. 11. EFFECTIVE UPON ENACTMENT. This Act, being deemed 8 35 of immediate importance, takes effect upon enactment. 9 1 EXPLANATION 9 2 This bill amends the service of notice requirements for 9 3 landlords and tenants under Code chapter 562A (uniform 9 4 residential landlord and tenant Act), the service of notice 9 5 requirements for landlords and tenants under Code chapter 9 6 562B (manufactured home communities or mobile home parks 9 7 residential landlord and tenant Act), and the service of notice 9 8 requirements in an action for forcible entry and detainer. The 9 9 bill is in response to the Iowa supreme court's November 20, 9 10 2009, decision in War Eagle Village Apartments v. Plummer, 775 9 11 N.W.2d 714 (Iowa 2009). 9 12 The bill strikes and replaces Code sections 562A.8 and 9 13 562B.9. Those Code sections, as amended, provide that notices 9 14 to tenants and landlords required under Code chapters 562A 9 15 and 562B, except certain notices to quit, certain notices of 9 16 termination, and notices to quit required by Code section 9 17 648.3, must be served according to one or more of the methods 9 18 specified in the bill. 9 19 The bill strikes and replaces Code sections 562A.29A and 9 20 562B.27A relating to certain notices to quit, certain notices 9 21 of termination, and notices to quit required by Code section 9 22 648.3. Under the bill, such notices must be served upon 9 23 the tenant according to one or more specified methods. The 9 24 acceptable methods of service for a notice include delivery 9 25 evidenced by an acknowledgment of delivery that is signed and 9 26 dated by a resident of the dwelling unit, personal service in 9 27 the manner provided by the Iowa rules of civil procedure for 9 28 the personal service of original notice, and both posting on 9 29 the primary entrance door of the dwelling unit and mailing by 9 30 both regular mail and certified mail. 9 31 The bill amends Code section 631.4 by providing that 9 32 the manner of service of original notice and the times for 9 33 appearance in an action for forcible entry and detainer that is 9 34 commenced as a small claim are governed by the requirements of 9 35 Code chapter 648. 10 1 Current Code section 648.3 requires that a three days' 10 2 notice to quit be given to a defendant before an action 10 3 for forcible entry and detainer may be initiated. The bill 10 4 requires such a notice to quit to be served on the defendant 10 5 according to one or more of the methods specified in the bill. 10 6 The acceptable methods of service include delivery evidenced 10 7 by an acknowledgment of delivery that is signed and dated by 10 8 a resident of the premises, personal service in the manner 10 9 provided by the Iowa rules of civil procedure for the personal 10 10 service of original notice, and both posting on the primary 10 11 entrance door of the dwelling unit and mailing by both regular 10 12 mail and certified mail. 10 13 The bill strikes and replaces Code section 648.5 relating to 10 14 service of original notice and other requirements for certain 10 15 forcible entry and detainer actions. The bill requires an 10 16 action for forcible entry and detainer to be brought in a 10 17 county where all or part of the premises is located, requires 10 18 such an action to be tried as an equitable action, and requires 10 19 the court to set a hearing no later than eight days from the 10 20 filing date, except in specified circumstances. The bill 10 21 requires service of original notice by delivery evidenced by 10 22 a signed and dated acknowledgment of service or by personal 10 23 service in the manner provided by the Iowa rules of civil 10 24 procedure for the personal service of original notice. If, 10 25 however, such service cannot be made following two attempts 10 26 by the plaintiff, service may be made by both posting on the 10 27 primary entrance door of the premises and by mailing by both 10 28 regular mail and certified mail. 10 29 If the original notice is posted, it must be posted not less 10 30 than three days prior to the hearing and shall include the 10 31 date the original notice was posted. The bill provides that 10 32 service of original notice by mailing must occur not less than 10 33 three days prior to the hearing and that service of original 10 34 notice by mail is deemed completed four days after the notice 10 35 is deposited in the mail and postmarked for delivery. If 11 1 service of original notice is made by posting and mailing, the 11 2 plaintiff is required, at or before the time of the hearing, to 11 3 file one or more affidavits explaining the time and manner in 11 4 which the notice was posted and mailed and attach copies of the 11 5 documents that were mailed and posted to the affidavits. 11 6 The bill provides that a default judgment may not be entered 11 7 against a defendant if original notice has not been served on 11 8 the defendant as required under the bill. 11 9 The bill also provides that, except for an action commenced 11 10 as a small claim, the court shall determine whether a genuine 11 11 issue of material fact exists in an action for forcible entry 11 12 and detainer. If the court determines that a genuine issue of 11 13 material fact exists, an evidentiary hearing on the petition 11 14 shall be held and the court shall continue the hearing to 11 15 a future date and issue all appropriate orders relating to 11 16 discovery and trial preparation. 11 17 The bill takes effect upon enactment. LSB 6174HC (22) 83 md/nh
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HSB 693….Iowa Bar Association bill in response to War Eagle Supreme Court case on eviction notices
by stephanie
February
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2010
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