Best Practice Recommendations Regarding Proof of Service in Iowa Eviction Matters

In recent months, property managers and attorneys across Iowa have encountered increasing inconsistency in how magistrates handle proof of service for pre-eviction notices. While Iowa law does not explicitly require an affidavit of posting and mailing for notices such as the 3-Day Notice of Nonpayment of Rent, 3-Day Notice to Quit, or 7-Day Notice to Cure, magistrates in counties including, but not limited to, Black Hawk, Dallas, Linn, Lucas, Polk and Scott have begun routinely requiring them. This trend has led to dismissals of eviction actions – even when the property manager personally appears at the hearing and testifies to proper service.

The pre-eviction notices that may be scrutinized include:

• 3-Day Non-Payment of Rent
• 3-Day Notice to Quit
• 3-Day Notice of Clear and Present Danger
• 7-Day or 14/30-Day Notice to Cure or Vacate (lease violations)
• 30-Day or 90-Day Notice of Non-Renewal and Cancellation

Iowa Code Sections 562A.29A and 562B.27A outline acceptable service methods, including personal delivery, posting and mailing by both regular and certified mail, or delivery evidenced by an acknowledgment signed and dated by a resident at least 18 years of age. However, some magistrates interpret these requirements more strictly to require an affidavit of service to be filed with the court attesting to proper service of the above-mentioned notices.

To avoid unnecessary dismissals and delays for your eviction, consider the following best practices when using the commonly used post-and-mail service method:

1. File an Affidavit of Posting and Mailing

Even though not expressly required by the rules, complete and file a standardized affidavit form to help satisfy judicial expectations. We have created this Affidavit of Posting and Mailing form for your use.

2. Green Certified Mail Receipt

Attach the green USPS certified mail receipt with your affidavit to demonstrate proof of the certified mailing.

3. Proof of Regular Mailing

Photograph the envelope addressed to the tenant, which includes a stamp, or obtain a receipt of regular mailing from the USPS to demonstrate proof of the regular mailing.

4. Photographs of Posted Notices

Photograph the notice posted on the tenant’s door, ideally with a timestamp to document service to demonstrate proof of posting. Some magistrates require two pictures of such notices – one closely framed so the address block is visible and another further away to clearly see the notice posted on the tenant’s door.

5. Property Manager Attend the Hearing

The person who served and posted the notice should appear in court to be available to testify to the service of process. Even with such personal appearance, we still recommend filing the above-mentioned affidavit of posting and mailing to avoid any unnecessary dismissal.

While these practices may not align with the express requirements of pre-eviction notices under Iowa law, magistrates have dismissed eviction actions solely due to missing affidavits. Until magistrates across all counties consistently apply the law, the safest course of action is to exceed the statutory requirements and include the above affidavit to avoid costly delays.

If you have questions regarding service requirements or Iowa landlord-tenant law in general, please contact Jodie McDougal.