Service of Original Notice in Eviction Cases
by Joseph Younker and Kevin Papp, Attorneys
December 2009 -- Last month, the Iowa Supreme Court issued a significant opinion regarding the proper procedure for serving a residential tenant with the Original Notice and Petition in a forcible entry and detainer ("FED" or "eviction") action. In War Eagle Village Apartments v. Plummer, the Court ruled that landlords cannot serve an Original Notice and Petition in an eviction action by certified mail - even if the tenant signs a "green card" receipt - because such practice violates constitutional due process requirements. Instead, the Original Notice and Petition must be personally served on the tenant (or, under appropriate circumstances, served by publication).
Although the statutory scheme invalidated in War Eagle did not concern evictions from manufactured home communities and mobile home parks, the laws governing those types of evictions which similarly have allowed landlords to serve an Original Notice and Petition via certified mail are also likely invalid in light of the Court's analysis in War Eagle. Thus, caution dictates that landlords conducting those types of evictions should also personally serve Original Notices and Petitions.
Although War Eagle only addresses the service of the original notice in an eviction action, the decision raises concerns as to the validity of serving other three day notices often incurred in the landlord-tenant context, such as three day notices to quit, three day notices of intent to terminate for nonpayment of rent, and three day notices of intent to terminate for clear and present danger. Because of the confusion generated by the War Eagle decision, landlords would be well-advised to personally serve these types notices whenever possible.
If you would like more detailed information regarding War Eagle, please click here. Also, please contact our office at (319) 466-1511 (Iowa City) or (319) 363-0101 (Cedar Rapids) if you have questions or would like assistance in complying with the War Eagle requirements.