Grenfell v. Anderson, 1999 MT 272 (1999)

Citation: Grenfell v. Anderson, 1999 MT 272 (1999)
Parent Document: Grenfell v. Anderson, 1999 MT 272 (1999)
Jurisdiction: Montana (state)
Effective Date: 1999-11-09
Original Source: https://www.courtlistener.com/opinion/884898/grenfell-v-anderson/ ↗

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¶ In Long, the Supreme Court of Iowa determined that where a statute required a landlord to send notice of
termination of tenancy by restricted certified mail, and there was proof of the tenant’s refusal to accept the
notice, "that statute is satisfied and the notice becomes effective." Long, 267 N.W.2d at 411. The court in Long
noted, however, in the context of certified mail, letters that are returned "unclaimed" are not evidence of a
refusal to accept delivery; rather, "unclaimed" typically means that the postal service left notice at the address
that it had attempted to deliver the certified mail, and that the mail subsequently could be retrieved at a
designated post office. Therefore, the party’s receipt of the notice is one step removed and constructive
knowledge cannot be imputed. Long, 267 N.W.2d at 411.

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