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Posted November 24, 2009 blog post


Two new items impacting Real Estate Laws in the State of Iowa

 
We received the following notice on two changes in Iowa real estate law.
The Iowa Supreme Court struck down an Iowa Law relating to Landlords and Property Managers evicting their tenants. Please see the first section below. Additionally, a new radon disclosure requirement will be necessary beginning December 23, 2009. See the second section below.

New Eviction Requirements

Landlords/Property Managers -- Notice to evict requirements!
Certified Mail to notify of eviction under Iowa code 562A.29A(2) - (Uniform Residential Landlord and Tenant Law) - has been deemed unconstitutional by the Iowa Supreme Court (War Eagle Village Apartments vs. Plummer). Effective immediately landlords should follow other methods "reasonably calculated" to reach the intended recipients. Personal service seems to be the only method now currently allowed to ensure an eviction proceeding does not get dismissed on a technicality. Other methods of notice are available, but have more hoops to climb through. The IAR Legislative committee will look at ways to include other methods to deliver notices which may meet the "reasonably calculated" requirements of the court opinion.

New Radon Disclosure Requirement

The new Radon Disclosure requirement is scheduled to go into effect December 23, 2009.
The Iowa Administrative Rule will become effective for all transactions on December 23, 2009. As the Iowa property condition report form must be accurate prior to or at the time a purchase contact becomes binding, it is a good idea to immediately have the sellers become familiar with and utilize the Fact Sheet and the disclosure requirement. Buyers will have to acknowledge they have received the Fact Sheet. There is no requirement that REALTORS® or agents sign off on any radon disclosure. This law is similar to the lead based paint requirements, but without the real estate licensee having verification responsibilities that the requirements have been met.

Click here (IAR password required) to download the new IAR Seller Disclosure of Property Condition form.
The Radon Fact Sheet is created by and available for download by the Iowa Department of Public Health.
http://rs6.net/tn.jsp?et=1102847186144&s=8136&e=001i0aX3S_LPCjtD352MZEt7zcW_uG0Ii1OgCiPxRtBUpTGRUHIvlxMzAdjsHnGgDLUc00st5eIhWGalpCkXbJS_osS5slpy0Sk4N2loJT_6EAhXPVqPldeNcqZwJPYNOSLZB5eIMcGBBV40A2_aKlmeWMOY0hSZUEfSM-ASOpWFDX6HSbF0O3fWc1ouO6WifZd . It is also available linked from the IAR website.