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Senate File 2372

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 562A.8, subsections 1 and 3, Code 1995,
  1  2 are amended by striking the subsections.
  1  3    Sec. 2.  Section 562A.8, subsection 2, Code 1995, is
  1  4 amended to read as follows:
  1  5    2.  A person "notifies" or "gives" a notice or notification
  1  6 to another by taking steps reasonably calculated to inform the
  1  7 other in ordinary course whether or not the other actually
  1  8 comes to know of it.  A person "receives" a notice or
  1  9 notification when it comes to that person's attention or in
  1 10 the case of the landlord, it is delivered at in hand or mailed
  1 11 by certified mail, or restricted certified mail to the place
  1 12 of business of the landlord through which the rental agreement
  1 13 was made or at a place held out by the landlord as the place
  1 14 for receipt of the communication or delivered to any
  1 15 individual who is designated as an agent of the landlord or,
  1 16 when in the case of the tenant, it is delivered in hand to the
  1 17 tenant or mailed by registered or certified mail or restricted
  1 18 certified mail to such person at the place held out by such
  1 19 person as the place for receipt of the communication, or in
  1 20 the absence of such designation, to such person's last known
  1 21 place of residence.
  1 22    Sec. 3.  Section 562A.29A, unnumbered paragraph 1, Code
  1 23 1995, is amended to read as follows:
  1 24    Notwithstanding sections 631.4 and 648.5, the written
  1 25 notice of termination required by section 562A.27, subsection
  1 26 1 or 2, a notice of termination and notice to quit under
  1 27 section 562A.27A, a notice to quit as required by section
  1 28 648.3, or a petition for forcible entry and detainer pursuant
  1 29 to chapter 648, may be served upon the tenant in any of the
  1 30 following ways:
  1 31    Sec. 4.  Section 562B.9, subsections 1 and 3, Code 1995,
  1 32 are amended by striking the subsections.
  1 33    Sec. 5.  Section 562B.9, subsection 2, Code 1995, is
  1 34 amended to read as follows:
  1 35    2.  A person "notifies" or "gives" a notice or notification
  2  1 to another by taking steps reasonably calculated to inform the
  2  2 other in ordinary course whether or not the other actually
  2  3 comes to know of it.  A person "receives" a notice or
  2  4 notification when it comes to that person's attention, or in
  2  5 the case of the landlord, it is delivered in hand or mailed by
  2  6 registered certified mail or restricted certified mail to the
  2  7 place of business of the landlord through which the rental
  2  8 agreement was made or at any place held out by the landlord as
  2  9 the place for receipt of the communication or delivered to any
  2 10 individual who is designated as an agent by section 562B.14
  2 11 or, in the case of the tenant, it is delivered in hand to the
  2 12 tenant or mailed by registered mail return receipt requested
  2 13 certified mail or restricted certified mail to the tenant at
  2 14 the place held out by the tenant as the place for receipt of
  2 15 the communication or, in the absence of such designation, to
  2 16 the tenant's last known place of residence other than the
  2 17 landlord's mobile home or space.
  2 18    Sec. 6.  Section 562B.27A, unnumbered paragraph 1, Code
  2 19 1995, is amended to read as follows:
  2 20    Notwithstanding sections 631.4 and 648.5, the written
  2 21 notice of termination required by section 562B.25, subsection
  2 22 1 or 2, a notice of termination and notice to quit under
  2 23 section 562B.25A, a notice to quit as required by section
  2 24 648.3, or a petition for forcible entry and detainer pursuant
  2 25 to chapter 648, may be served upon the tenant in any of the
  2 26 following ways:
  2 27    Sec. 7.  Section 631.4, subsection 2, paragraph c, Code
  2 28 Supplement 1995, is amended to read as follows:
  2 29    c.  If personal service cannot be made upon each defendant,
  2 30 as provided in rule of civil procedure 56.1, the plaintiff may
  2 31 elect to post, after at least three two attempts to perfect
  2 32 service upon each defendant, one or more copies of the
  2 33 original notice upon the real property being detained by each
  2 34 defendant at least five three days prior to the date set for
  2 35 hearing.  The attempts to perfect personal service may be made
  3  1 on the same day.  In such instances addition to posting, the
  3  2 plaintiff shall also mail, by certified mail and first class
  3  3 mail, to each defendant, at the place held out by each
  3  4 defendant as the place for receipt of such communications or,
  3  5 in the absence of such designation, at each defendant's last
  3  6 known place of residence, a copy of the original notice at
  3  7 least five three days prior to the date set for hearing.
  3  8 Under this paragraph, service shall be deemed complete upon
  3  9 each defendant by the filing with the clerk of the district
  3 10 court of one or more affidavits indicating that a copy of the
  3 11 original notice was both posted and mailed to each defendant
  3 12 as provided in this paragraph, whether or not the defendant
  3 13 signs a receipt for the notice.  
  3 14 SF 2372
  3 15 mk/cc/26
     

Text: SF02371                           Text: SF02373
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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