By  Joe Kelly

 

Notices That Go To All Residents, such as rent increases and rule/regulation changes or additions

 

(1) hand delivery to resident

(2) delivery evidenced by an acknowledgement that is signed and dated by a resident of the dwelling unit who is at least 18 years old.  The notice to this one resident is deemed to have served all tenants within the dwelling.

 (3)  Personal service according to the rule of civil procedure 1.305, a Supreme Court rule.

 (4) Mailing by both regular and certified mail to the address of the dwelling unit or to an address provided by the resident

(5) Posting on the primary entrance door of the dwelling unit. The notice shall be dated and must be posted within the applicable time period.

 (6) Any method of providing notice that results in the notice actually being received by the tenant.

 

More Serious Notices…..Those that could result in loss of residency…..such as non-payment of rent….7 days notice, with 7 days to cure….clear/present danger….30 days notice of non-renewal of lease

 

(1) delivery evidenced by an acknowledgement of delivery that is signed and dated by a resident of the dwelling unit who is at least 18 years old.  Delivery is deemed served to all tenants of the dwelling unit.

(2) Personal service according to the rule of civil procedure 1.305, a Supreme Court rule.

 (3 Posting on the primary entrance door of the dwelling unit and mailing by both regular and certified mail to the address of the dwelling unit or to the resident’s last known address, if different from the address of the dwelling unit.  A posted notice must be made within the applicable time period for serving notice and shall include the date the notice was posted.

 

Forcible Entry or Detainer (FED) or Eviction Notices

 

(1) delivery evidenced by an acknowledgement of delivery that is signed and dated by a resident of the dwelling unit who is at least 18 years old.  Delivery is deemed served to all tenants of the dwelling unit. Notice must be completed 3 days prior to the hearing date.

(2) Personal service according to the rule of civil procedure 1.305, a Supreme Court rule.

Notice must be completed 3 days prior to the hearing date.

 (3)  If, after two attempts at personal service, using either option 1 or 2, then posting of the court date notice can be made on the primary door of the premises and the notice must be mailed by both regular and certified mail.  The posting and mailing must be completed no less than 3 days prior to the court date, which can be no sooner than 8 days from the filing of the FED.

 

 

Using Mail Notices

 

Since the War Eagle decision was totally about the use of certified mail, HSB 693 is cautious about keeping mail options constitutional.  If you use mail, HSB 693 has an automatic 4 days as the delivery assumption.  If you use mail, HSB 693 adds 5 days to the count.  The bill has 4, and the counting of time procedures in the code of Iowa (4.1[34]) adds another day.