Requirements for Notices from Landlords
Authored By: Iowa Legal Aid
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- Spanish / Español
On March 2, 2010, Governor Culver signed into law Senate File 2300. The law gives tenants important new protections. It will help make sure tenants get notices from their landlord.
This new law was passed because the Iowa Supreme Court, in War Eagle Village v. Plummer, decided that Iowa's eviction notice law was unconstitutional.
Under the new law, a landlord can serve a tenant with a 3-day notice of nonpayment of rent in any the following ways:
- personal service by a process server
- hand delivery by the landlord if the tenant signs an acknowledgment of service
- posting on the tenant's main entrance along with regular and certified mail.
If the landlord decides to send the notice by mail, then the law assumes that it takes four days for the notice to be received. That means that if the landlord decides to mail and post the notice the tenant has 7 days to pay the rent from the day the notice is mailed. For example, if the notice is mailed on a Monday, then the law assumes that it was not received until Friday. The tenant would have until the end of the day on the next Monday to pay the rent.
A landlord must also use one of these three ways to serve other eviction notices. This includes a 7 day lease violation notice, a clear and present danger notice, and a 3-day notice to quit.
There is a different rule for the notice of the eviction hearing. The landlord MUST make at least two attempts to personally serve the notice on the tenant. If the landlord is unable to serve the tenant this way, then the landlord can send the notice by regular and certified mail. If the landlord mails the notices, he must also post notice of the hearing on the door.
Landlords can serve all other notices, such as a 30 day notice ending the lease, in one of these ways:
- hand delivery;
- acknowledgment of delivery signed by the tenant or a resident who is over 18;
- personal service by a process server;
- mailing by regular and certified mail;
- posting on the primary entrance door; or
- any way the tenant actually receives the notice.
Tenants can serve notices, such as a 30-day notice ending a month-to-month lease, or a repair- and-deduct notice, in one of these ways:
- hand delivery;
- acknowledgment of delivery signed by the landlord;
delivery to an employee of the landlord's office;
- mailing by regular and certified mail; or
- any way the landlord actually receives the notice.
Providing legal assistance to help low-income Iowans and seniors who face a problem with housing is a priority for Iowa Legal Aid. To find out if you can get help from Iowa Legal Aid, call 1-800-532-1275 (se habla español).