House File 431 - IntroducedA Bill ForAn Act 1relating to farm tenancies, by providing for notice of
1   Section 1.  Section 562.7, subsection 3, Code 2019, is
2amended to read as follows:
   33.  By mailing the notice before September 1 by certified
4mail, return receipt requested, with delivery restricted to
5the party to be notified or a successor to that party. A
6certified mail return receipt is evidence of delivery
. Notice
7served by certified mail is made and completed when the notice
8is enclosed in a sealed envelope, with the proper postage on
9the envelope, the envelope is addressed to the party or a
10successor of the party at the last known mailing address and
 of that party, the envelope is deposited in a mail receptacle
12provided by the United States postal service, and the envelope
13is postmarked
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
   17BILL’S PROVISIONS. This bill amends provisions that require
18a party to a farm tenancy to provide notice of the tenancy’s
19termination. The bill provides that the notice must be
20delivered by certified mail, return receipt requested, with the
21delivery restricted to the intended recipient. A certified
22mail return receipt is evidence of delivery and the envelope
23containing the notice must be postmarked.
   24BACKGROUND. A farm tenancy refers to a lease of agricultural
25land in which the lessee (farm tenant) is a person who produces
26crops or provides for the care and feeding of livestock on
27the leased land (Code section 562.1A). Generally, all farm
28tenancies terminate on March 1, at the end of the farm tenant’s
29crop year. However, in order to effectuate the termination,
30one party to the lease (landlord or farm tenant, or a successor
31in interest) must have given the other party written notice
32of the termination by the previous September 1 (Code sections
33562.5 through 562.7). Without such timely written notice of
34the termination, the lease continues under its same terms and
35conditions until the next September 1. There are currently
-1-1three alternative methods for providing notice to the intended
2recipient prior to September 1, including by acceptance of
3service signed by the recipient, serving notice personally on
4the recipient or failing that by publication in a newspaper, or
5by certified mail sent to the last-known mailing address of the
6recipient. In the last case, there is no requirement that the
7recipient actually receives the notice.