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You are here: Home / Crime / Courts / Supreme Court rules certified letter not enough in eviction case

Supreme Court rules certified letter not enough in eviction case

November 20, 2009 By Dar Danielson

The Iowa Supreme Court has ruled that certified mail is not an acceptable way to send an eviction notice to a tenant. Geneva Plummer was a tenant at the War Eagle Village in Sioux City when she got behind on her rent.

The property manager at the apartment complex went through the procedure to evict Plummer from her apartment. The process included sending Plummer a certified letter fromn the Post Office to notify her of the hearing on her eviction. But the Post Office did not get Plummer’s signature on the certified letter. She said she did not get the letter in time to appear at the hearing and appealed her eviction saying she was not given due process.

The Iowa Supreme Court sided with Plummer, saying certified mail did not provide the proper notice to Plummer, and violated her due process under the Iowa Constitution. They reversed the lower court order evicting Plummer from the apartment.

See the entire ruling here: Eviction ruling PDF

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