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Friday, November 20, 2009

Part of Iowa FED statute unconstitutional

A part of the Iowa Forcible Entry and Detainer (FED) statute has been declared unconstitutional by the Iowa Supreme Court. The FED statute is that part of the Iowa Code which sets forth the procedures for eviction. The code section at issue states that residential tenants can be informed of their eviction hearing by certified or restricted certified mail, whether or not the tenant signs a receipt for the notice.

Somehow Iowa legislators decided that just putting something in the mailbox was sufficient to give someone notice that there was going to be a hearing which would determine whether or not someone would be thrown out of their home. The Iowa Supreme Court determined that this is not notice at all. A tenant might not even get notice that the certified mail is waiting for them until after the hearing date. I have never understood why, in Illinois, the sheriff needs to put the documents in someone's hand, but in Iowa landlords were allowed just drop a note in the mail.

Here is the opinion.

1 comment:

teenuuu6 said...

Thank you very much