Senate
Study
Bill
3218
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
KREIMAN)
A
BILL
FOR
An
Act
relating
to
the
service
of
notice
requirements
for
1
landlords
and
tenants
and
the
service
of
notice
requirements
2
in
an
action
for
forcible
entry
and
detainer
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
6174SC
(1)
83
md/nh
S.F.
_____
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
6174SC
(1)
83
md/nh
1/
11
S.F.
_____
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
6174SC
(1)
83
md/nh
2/
11
S.F.
_____
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
6174SC
(1)
83
md/nh
3/
11
S.F.
_____
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
6174SC
(1)
83
md/nh
4/
11
S.F.
_____
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
6174SC
(1)
83
md/nh
5/
11
S.F.
_____
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
6174SC
(1)
83
md/nh
6/
11
S.F.
_____
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
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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.
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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.
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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
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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.
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