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Re: 3 day notice by Bryan (Ia) on May 23, 2012 @10:28

Here is what it says in the Iowa code. Pay particular attention to 2c and 2d.

648.3 Notice to quit.
1. Before action can be brought under any ground specified in section 648.1, except subsection 1, three days' notice to quit must be given to the defendant in writing. However, a landlord who has given a tenant three days' notice to pay rent and has terminated the tenancy as provided in section 562A.27, subsection 2, or section 562B.25, subsection 2, if the tenant is renting the manufactured or mobile home or the land from the landlord, may commence the action without giving a three-day notice to quit.
2. A notice to quit required under subsection 1 shall be served on the defendant according to one or more of the following methods:
a. Delivery evidenced by an acknowledgment of delivery that is signed and dated by a resident of the premises who is at least eighteen years of age. Delivery under this paragraph shall be deemed to provide notice to the defendant.
b. Personal service pursuant to rule of civil procedure 1.305, Iowa court rules, for the personal service of original notice.
c. Posting on the primary entrance door of the premises and mailing by both regular mail and certified mail, as defined in section 618.15, to the address of the premises or to the defendant's last known address, if different from the address of the premises. A notice posted according to this paragraph shall be posted within the applicable time period for serving notice and shall include the date the notice was posted.
3. A notice to quit served by mail under this section is deemed completed four days after the notice is deposited in the mail and postmarked for delivery, whether or not the recipient signs a receipt for the notice.
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Correction by Bryan (Ia) on May 23, 2012 @10:29 [ Reply ]
2c and 3
    Re: Correction by mmm76 (IA) on May 23, 2012 @19:39 [ Reply ]
    Looking at 2a it says signed AND DATED. The notice is dated but she did not date it herself. So in your opinion will it stand in court?
      Re: Correction by Bryan (Ia) on May 23, 2012 @20:42 [ Reply ]
      After finding Iowa civil procedure 1.305 You should be fine, since the service was done personally.


      Upon any individual who has attained majority and who has not been adjudged incompetent, either by taking the individualís signed, dated acknowledgment of service endorsed on the notice, or by serving the individual personally; or by serving, at the individualís dwelling house or usual place of abode, any person residing therein who is at least 18 years old, but if such place is a rooming house, hotel, club or apartment building, a copy may be delivered to such person who resides with the individual or is either a member of the individualís family or the manager or proprietor of such place; or upon the individualís spouse at a place other than the individualís dwelling house or usual place of abode if probable cause exists to believe that the spouse lives at the individualís dwelling house or usual place of abode.

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