H.F. 2434 Section 1. Section 562A.8, Code 2009, is amended by striking 1 the section and inserting in lieu thereof the following: 2 562A.8 Notice. 3 1. Notices required under this chapter, except those 4 notices identified in section 562A.29A, shall be served as 5 follows: 6 a. A landlord shall serve notice on a tenant by one or more 7 of the following methods: 8 (1) Hand delivery to the tenant. 9 (2) Delivery evidenced by an acknowledgment of delivery 10 that is signed and dated by a resident of the dwelling unit 11 who is at least eighteen years of age. Delivery under this 12 subparagraph shall be deemed to provide notice to all tenants 13 of the dwelling unit. 14 (3) Personal service pursuant to rule of civil procedure 15 1.305, Iowa court rules, for the personal service of original 16 notice. 17 (4) Mailing by both regular mail and certified mail, as 18 defined in section 618.15, to the address of the dwelling unit 19 or to an address provided by the tenant for mailing. 20 (5) Posting on the primary entrance door of the dwelling 21 unit. A notice posted according to this subparagraph shall be 22 posted within the applicable time period for serving notice and 23 shall include the date the notice was posted. 24 (6) A method of providing notice that results in the notice 25 actually being received by the tenant. 26 b. A tenant shall serve notice on a landlord by one or more 27 of the following methods: 28 (1) Hand delivery to the landlord or the landlord’s agent 29 designated under section 562A.13. 30 (2) Delivery evidenced by an acknowledgment of delivery 31 that is signed and dated by the landlord or the landlord’s 32 agent designated under section 562A.13. 33 (3) Personal service pursuant to rule of civil procedure 34 1.305, Iowa court rules, for the personal service of original 35 -1- LSB 6174HV (2) 83 md/nh 1/ 11

H.F. 2434 notice. 1 (4) Delivery to an employee or agent of the landlord at the 2 landlord’s business office. 3 (5) Mailing by both regular mail and certified mail, as 4 defined in section 618.15, to the address of the landlord’s 5 business office or to an address designated by the landlord for 6 mailing. 7 (6) A method of providing notice that results in the notice 8 actually being received by the landlord. 9 2. Notice served by mail under this section is deemed 10 completed four days after the notice is deposited in the mail 11 and postmarked for delivery, whether or not the recipient signs 12 a receipt for the notice. 13 Sec. 2. Section 562A.12, subsection 6, Code 2009, is amended 14 to read as follows: 15 6. Upon termination of the landlord’s interest in the 16 dwelling unit, the landlord’s successor in interest shall have 17 all the rights and obligations of the landlord with respect to 18 the rental deposits, except that if the tenant does not object 19 to the stated amount within twenty days after written notice to 20 the tenant of the amount of rental deposit being transferred or 21 assumed, the obligations of the landlord’s successor to return 22 the deposit shall be limited to the amount contained in the 23 notice. The notice shall contain a stamped envelope addressed 24 to the landlord’s successor and may be given by mail or by 25 personal service . 26 Sec. 3. Section 562A.29A, Code 2009, is amended by striking 27 the section and inserting in lieu thereof the following: 28 562A.29A Method of service of notice on tenant. 29 1. A written notice of termination required under section 30 562A.27, subsection 1, 2, or 5, a notice of termination and 31 notice to quit under section 562A.27A, or a notice to quit 32 required by section 648.3, shall be served upon the tenant by 33 one or more of the following methods: 34 a. Delivery evidenced by an acknowledgment of delivery 35 -2- LSB 6174HV (2) 83 md/nh 2/ 11

H.F. 2434 that is signed and dated by a resident of the dwelling unit 1 who is at least eighteen years of age. Delivery under this 2 paragraph shall be deemed to provide notice to all tenants of 3 the dwelling unit. 4 b. Personal service pursuant to rules of civil procedure 5 1.305, Iowa court rules, for the personal service of original 6 notice. 7 c. Posting on the primary entrance door of the dwelling 8 unit and mailing by both regular mail and certified mail, as 9 defined in section 618.15, to the address of the dwelling 10 unit or to the tenant’s last known address, if different from 11 the address of the dwelling unit. A notice posted according 12 to this paragraph shall be posted within the applicable time 13 period for serving notice and shall include the date the notice 14 was posted. 15 2. Notice served by mail under this section is deemed 16 completed four days after the notice is deposited in the mail 17 and postmarked for delivery, whether or not the recipient signs 18 a receipt for the notice. 19 Sec. 4. Section 562B.9, Code 2009, is amended by striking 20 the section and inserting in lieu thereof the following: 21 562B.9 Notice. 22 1. Notices required under this chapter, except those 23 notices identified in section 562B.27A, shall be served as 24 follows: 25 a. A landlord shall serve notice on a tenant by one or more 26 of the following methods: 27 (1) Hand delivery to the tenant. 28 (2) Delivery evidenced by an acknowledgment of delivery 29 that is signed and dated by a resident of the dwelling unit 30 who is at least eighteen years of age. Delivery under this 31 subparagraph shall be deemed to provide notice to all tenants 32 of the dwelling unit. 33 (3) Personal service pursuant to rule of civil procedure 34 1.305, Iowa court rules, for the personal service of original 35 -3- LSB 6174HV (2) 83 md/nh 3/ 11

H.F. 2434 notice. 1 (4) Mailing by both regular mail and certified mail, as 2 defined in section 618.15, to the address of the dwelling unit 3 or to an address provided by the tenant for mailing. 4 (5) Posting on the primary entrance door of the dwelling 5 unit. A notice posted according to this subparagraph shall be 6 posted within the applicable time period for serving notice and 7 shall include the date the notice was posted. 8 (6) A method of providing notice that results in the notice 9 actually being received by the tenant. 10 b. A tenant shall serve notice on a landlord by one or more 11 of the following methods: 12 (1) Hand delivery to the landlord or the landlord’s agent 13 designated under section 562B.14. 14 (2) Delivery evidenced by an acknowledgment of delivery 15 that is signed and dated by the landlord or the landlord’s 16 agent designated under section 562B.14. 17 (3) Personal service pursuant to rule of civil procedure 18 1.305, Iowa court rules, for the personal service of original 19 notice. 20 (4) Delivery to an employee or agent of the landlord at the 21 landlord’s business office. 22 (5) Mailing by both regular mail and certified mail, as 23 defined in section 618.15, to the address of the landlord’s 24 business office or to an address designated by the landlord for 25 mailing. 26 (6) A method of providing notice that results in the notice 27 actually being received by the landlord. 28 2. Notice served by mail under this section is deemed 29 completed four days after the notice is deposited in the mail 30 and postmarked for delivery, whether or not the recipient signs 31 a receipt for the notice. 32 Sec. 5. Section 562B.13, subsection 7, Code 2009, is amended 33 to read as follows: 34 7. Upon termination of the landlord’s interest in the 35 -4- LSB 6174HV (2) 83 md/nh 4/ 11

H.F. 2434 manufactured home community or mobile home park, the landlord’s 1 successor in interest shall have all the rights and obligations 2 of the landlord with respect to the rental deposits, except 3 that if the tenant does not object to the stated amount within 4 twenty days after written notice to the tenant of the amount of 5 rental deposit being transferred or assumed, the obligations 6 of the landlord’s successor to return the deposit shall be 7 limited to the amount contained in the notice. The notice 8 shall contain a stamped envelope addressed to the landlord’s 9 successor and may be given by mail or by personal service . 10 Sec. 6. Section 562B.27A, Code 2009, is amended by striking 11 the section and inserting in lieu thereof the following: 12 562B.27A Method of service of notice on tenant. 13 1. A written notice of termination required under section 14 562B.25, a notice of termination and notice to quit under 15 section 562B.25A, or a notice to quit required by section 16 648.3, shall be served upon the tenant according to one or more 17 of the following methods: 18 a. Delivery evidenced by an acknowledgment of delivery 19 that is signed and dated by a resident of the dwelling unit 20 who is at least eighteen years of age. Delivery under this 21 paragraph shall be deemed to provide notice to all tenants of 22 the dwelling unit. 23 b. Personal service pursuant to rule of civil procedure 24 1.305, Iowa court rules, for the personal service of original 25 notice. 26 c. Posting on the primary entrance door of the dwelling 27 unit and mailing by both regular mail and certified mail, as 28 defined in section 618.15, to the address of the dwelling 29 unit or to the tenant’s last known address, if different from 30 the address of the dwelling unit. A notice posted according 31 to this paragraph shall be posted within the applicable time 32 period for serving notice and shall include the date the notice 33 was posted. 34 2. Notice served by mail under this section is deemed 35 -5- LSB 6174HV (2) 83 md/nh 5/ 11

H.F. 2434 completed four days after the notice is deposited in the mail 1 and postmarked for delivery, whether or not the recipient signs 2 a receipt for the notice. 3 Sec. 7. Section 631.4, subsection 2, Code Supplement 2009, 4 is amended by striking the subsection and inserting in lieu 5 thereof the following: 6 2. Actions for forcible entry and detainer. The manner of 7 service of original notice and the times for appearance for an 8 action for forcible entry and detainer shall be governed by the 9 requirements of chapter 648. 10 Sec. 8. Section 648.3, Code 2009, is amended to read as 11 follows: 12 648.3 Notice to quit. 13 1. Before action can be brought in any except the first of 14 the above classes, under any ground specified in section 648.1, 15 except subsection 1, three days’ notice to quit must be given 16 to the defendant in writing. However, a landlord who has given 17 a tenant three days’ notice to pay rent and has terminated 18 the tenancy as provided in section 562A.27, subsection 2, or 19 section 562B.25, subsection 2, if the tenant is renting the 20 manufactured or mobile home or the land from the landlord , may 21 commence the action without giving a three-day notice to quit. 22 2. A notice to quit required under subsection 1 shall 23 be served on the defendant according to one or more of the 24 following methods: 25 a. Delivery evidenced by an acknowledgment of delivery that 26 is signed and dated by a resident of the premises who is at 27 least eighteen years of age. Delivery under this paragraph 28 shall be deemed to provide notice to the defendant. 29 b. Personal service pursuant to rule of civil procedure 30 1.305, Iowa court rules, for the personal service of original 31 notice. 32 c. Posting on the primary entrance door of the premises and 33 mailing by both regular mail and certified mail, as defined 34 in section 618.15, to the address of the premises or to the 35 -6- LSB 6174HV (2) 83 md/nh 6/ 11

H.F. 2434 defendant’s last known address, if different from the address 1 of the premises. A notice posted according to this paragraph 2 shall be posted within the applicable time period for serving 3 notice and shall include the date the notice was posted. 4 3. A notice to quit served by mail under this section is 5 deemed completed four days after the notice is deposited in the 6 mail and postmarked for delivery, whether or not the recipient 7 signs a receipt for the notice. 8 Sec. 9. Section 648.5, Code 2009, is amended by striking the 9 section and inserting in lieu thereof the following: 10 648.5 Venue —— service of original notice —— hearing. 11 1. An action for forcible entry and detainer shall be 12 brought in a county where all or part of the premises is 13 located. Such an action shall be tried as an equitable action. 14 Upon receipt of the petition, the court shall set a date, time, 15 and place for hearing. The court shall set the date of hearing 16 no later than eight days from the filing date, except that the 17 court shall set a later hearing date no later than fifteen days 18 from the date of filing if the plaintiff requests or consents 19 to the later date of hearing. 20 2. Original notice shall be served upon a defendant by one 21 or more of the following methods: 22 a. Delivery evidenced by an acknowledgment of service that 23 is signed and dated by a resident of the premises who is at 24 least eighteen years of age. Delivery under this paragraph 25 shall be deemed to provide notice to all tenants or residents 26 of the premises. Service of original notice under this 27 paragraph is invalid if the acknowledgment of service is signed 28 and dated less than three days prior to the hearing. 29 b. Personal service pursuant to rule of civil procedure 30 1.305, Iowa court rules, for the personal service of original 31 notice. Service of original notice under this paragraph shall 32 not occur less than three days prior to the hearing. 33 c. If service cannot be made following two attempts using 34 a method specified under paragraph “a” or “b” , by posting on 35 -7- LSB 6174HV (2) 83 md/nh 7/ 11

H.F. 2434 the primary entrance door of the premises and mailing by both 1 regular mail and certified mail, as defined in section 618.15, 2 to the address of the premises or to the defendant’s last known 3 address, if different from the address of the premises. An 4 original notice posted according to this paragraph shall be 5 posted not less than three days prior to the hearing and shall 6 include the date the original notice was posted. Service of 7 original notice by mailing shall occur not less than three days 8 prior to the hearing. 9 3. Service of original notice by mail is deemed completed 10 four days after the notice is deposited in the mail and 11 postmarked for delivery, whether or not the recipient signs a 12 receipt for the original notice. 13 4. If service of original notice is made by posting and 14 mailing under subsection 2, paragraph “c” , the plaintiff 15 shall, at or before the time of the hearing, file one or more 16 affidavits describing the time and manner in which the notice 17 was posted and mailed. The plaintiff shall attach copies of 18 the documents that were mailed and posted to the affidavits. 19 5. A default judgment shall not be entered against a 20 defendant if original notice has not been served on the 21 defendant as required in this section. If the original notice 22 cannot be served within the time periods required in this 23 section, the court may set a new hearing date and time. 24 6. At the hearing, except for actions commenced as a small 25 claim action under chapter 631, the court shall determine 26 whether a genuine issue of material fact exists in the action. 27 If the court determines that a genuine issue of material fact 28 exists, an evidentiary hearing on the petition shall be held 29 and the court shall continue the hearing to a future date and 30 issue all appropriate orders relating to discovery and trial 31 preparation. 32 Sec. 10. REPEAL. Section 648.10, Code 2009, is repealed. 33 Sec. 11. EFFECTIVE UPON ENACTMENT. This Act, being deemed 34 of immediate importance, takes effect upon enactment. 35 -8- LSB 6174HV (2) 83 md/nh 8/ 11

H.F. 2434 EXPLANATION 1 This bill amends the service of notice requirements for 2 landlords and tenants under Code chapter 562A (uniform 3 residential landlord and tenant Act), the service of notice 4 requirements for landlords and tenants under Code chapter 5 562B (manufactured home communities or mobile home parks 6 residential landlord and tenant Act), and the service of notice 7 requirements in an action for forcible entry and detainer. The 8 bill is in response to the Iowa supreme court’s November 20, 9 2009, decision in War Eagle Village Apartments v. Plummer, 775 10 N.W.2d 714 (Iowa 2009). 11 The bill strikes and replaces Code sections 562A.8 and 12 562B.9. Those Code sections, as amended, provide that notices 13 to tenants and landlords required under Code chapters 562A 14 and 562B, except certain notices to quit, certain notices of 15 termination, and notices to quit required by Code section 16 648.3, must be served according to one or more of the methods 17 specified in the bill. 18 The bill strikes and replaces Code sections 562A.29A and 19 562B.27A relating to certain notices to quit, certain notices 20 of termination, and notices to quit required by Code section 21 648.3. Under the bill, such notices must be served upon 22 the tenant according to one or more specified methods. The 23 acceptable methods of service for a notice include delivery 24 evidenced by an acknowledgment of delivery that is signed and 25 dated by a resident of the dwelling unit, personal service in 26 the manner provided by the Iowa rules of civil procedure for 27 the personal service of original notice, and both posting on 28 the primary entrance door of the dwelling unit and mailing by 29 both regular mail and certified mail. 30 The bill amends Code section 631.4 by providing that 31 the manner of service of original notice and the times for 32 appearance in an action for forcible entry and detainer that is 33 commenced as a small claim are governed by the requirements of 34 Code chapter 648. 35 -9- LSB 6174HV (2) 83 md/nh 9/ 11

H.F. 2434 Current Code section 648.3 requires that a three days’ 1 notice to quit be given to a defendant before an action 2 for forcible entry and detainer may be initiated. The bill 3 requires such a notice to quit to be served on the defendant 4 according to one or more of the methods specified in the bill. 5 The acceptable methods of service include delivery evidenced 6 by an acknowledgment of delivery that is signed and dated by 7 a resident of the premises, personal service in the manner 8 provided by the Iowa rules of civil procedure for the personal 9 service of original notice, and both posting on the primary 10 entrance door of the dwelling unit and mailing by both regular 11 mail and certified mail. 12 The bill strikes and replaces Code section 648.5 relating to 13 service of original notice and other requirements for certain 14 forcible entry and detainer actions. The bill requires an 15 action for forcible entry and detainer to be brought in a 16 county where all or part of the premises is located, requires 17 such an action to be tried as an equitable action, and requires 18 the court to set a hearing no later than eight days from the 19 filing date, except in specified circumstances. The bill 20 requires service of original notice by delivery evidenced by 21 a signed and dated acknowledgment of service or by personal 22 service in the manner provided by the Iowa rules of civil 23 procedure for the personal service of original notice. If, 24 however, such service cannot be made following two attempts 25 by the plaintiff, service may be made by both posting on the 26 primary entrance door of the premises and by mailing by both 27 regular mail and certified mail. 28 If the original notice is posted, it must be posted not less 29 than three days prior to the hearing and shall include the 30 date the original notice was posted. The bill provides that 31 service of original notice by mailing must occur not less than 32 three days prior to the hearing and that service of original 33 notice by mail is deemed completed four days after the notice 34 is deposited in the mail and postmarked for delivery. If 35 -10- LSB 6174HV (2) 83 md/nh 10/ 11

H.F. 2434 service of original notice is made by posting and mailing, the 1 plaintiff is required, at or before the time of the hearing, to 2 file one or more affidavits explaining the time and manner in 3 which the notice was posted and mailed and attach copies of the 4 documents that were mailed and posted to the affidavits. 5 The bill provides that a default judgment may not be entered 6 against a defendant if original notice has not been served on 7 the defendant as required under the bill. 8 The bill also provides that, except for an action commenced 9 as a small claim, the court shall determine whether a genuine 10 issue of material fact exists in an action for forcible entry 11 and detainer. If the court determines that a genuine issue of 12 material fact exists, an evidentiary hearing on the petition 13 shall be held and the court shall continue the hearing to 14 a future date and issue all appropriate orders relating to 15 discovery and trial preparation. 16 The bill takes effect upon enactment. 17 -11- LSB 6174HV (2) 83 md/nh 11/ 11