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562B.9 Notice.

1. A person has notice of a fact if that person has actual knowledge of it, has received a notice or notification of it or, from all the facts and circumstances known to that person at the time in question, has reason to know that it exists. A person "knows" or "has knowledge" of a fact if that person has actual knowledge of it.

2. A person "notifies" or "gives" a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person "receives" a notice or notification when it comes to that person's attention, or in the case of the landlord, it is delivered in hand or mailed by registered mail to the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication or delivered to any individual who is designated as an agent by section 562B.14 or, in the case of the tenant, it is delivered in hand to the tenant or mailed by registered mail return receipt requested to the tenant at the place held out by the tenant as the place for receipt of the communication or, in the absence of such designation, to the tenant's last known place of residence other than the landlord's mobile home or space.

3. "Notice", knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting the transaction and in any event from the time it would have been brought to that person's attention if the organization had exercised reasonable diligence, but such knowledge shall be subject to proof.

Section History: Early form

[C79, 81, § 562B.9]


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