The Iowa Supreme Court has ruled that a state law allowing landlords to notify tenants of eviction hearings by certified mail is unconstitutional.
The court ruling Friday tosses out rules that consider service of notice complete when a letter is mailed without proof the letter was received. The ruling notes that certified mail may not be delivered in time to give tenants facing eviction an opportunity to prepare for a hearing.
The case involved The War Eagle Village Apartments in Sioux City and resident Geneva Plummer, who faced eviction.
Frank Tenuta, manager of the Iowa Legal Aid office that represented Plummer, says landlords must change how they notify tenants of eviction hearings.
The attorney for the apartment complex, William Deck, had not seen the ruling and declined immediate comment.
Copyright 2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The court ruling Friday tosses out rules that consider service of notice complete when a letter is mailed without proof the letter was received. The ruling notes that certified mail may not be delivered in time to give tenants facing eviction an opportunity to prepare for a hearing.
The case involved The War Eagle Village Apartments in Sioux City and resident Geneva Plummer, who faced eviction.
Frank Tenuta, manager of the Iowa Legal Aid office that represented Plummer, says landlords must change how they notify tenants of eviction hearings.
The attorney for the apartment complex, William Deck, had not seen the ruling and declined immediate comment.
Copyright 2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
