Understanding Eviction Notices in Iowa
Landlords in Iowa must provide tenants with written notice before starting the eviction process. This notice must include the reason for eviction, the legal deadline to fix the issue or move out, and comply with Iowa Code Chapter 562A (Uniform Residential Landlord and Tenant Law).
Iowa requires 3-day notices for rent non-payment, 7-day notices for lease violations, and 30-day notices to end month-to-month leases. Properly served notices are a mandatory first step before filing a forcible entry and detainer lawsuit in court.
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Types of Eviction Notices in Iowa
Iowa law requires landlords to use specific notices based on the issue at hand. Each notice has a legally defined timeframe and must be properly served before filing an eviction case in court.
3-Day Notice to Pay Rent or Quit
IA Code § 562A.27(2) allows landlords to issue a 3-day notice to pay rent or vacate if a tenant fails to pay rent. The landlord can proceed with legal eviction if the tenant doesn’t pay within three days.
3-Day Notice to Quit for Non-Payment
Use this notice to give tenants three days to pay rent before the eviction process can proceed in court.
7-Day Notice to Quit for Non-Compliance
When a tenant breaks the lease, such as damaging property or violating occupancy limits, landlords may issue a 7-day notice to comply or quit, as outlined in IA Code § 562A.27. If the same violation happens again within six months, the landlord can terminate the lease without offering another chance to cure.
7-Day Notice to Quit for Non-Compliance
Use this notice to address lease violations, leading to immediate termination and eviction if repeated within six months.
30-Day Lease Termination Notice (Month-to-Month Tenancy)
To end a month-to-month rental agreement, either party may give 30 days’ notice under IA Code § 562A.34. This applies when the landlord wants to end the lease without cause.
30-Day Lease Termination
Use this notice to give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
How to Evict a Tenant in Iowa
Evictions in Iowa follow procedures set by IA Code Title XV, Ch. 648. Here’s a step-by-step summary of the process:
Step 1: Serve the Eviction Notice to the Tenant
The landlord must first serve a tenant with a three-day notice to quit. This notice must state the reason for eviction and be personally served on the tenant or another legal adult (18+) living on the property.
Alternatively, the notice may be posted at the residence, and a copy may be sent by certified mail. Whether the landlord serves the notice to the tenant in person or posts it at their residence, serving notice is a mandatory step for a landlord before they can legally begin the eviction process.
Step 2: File an Eviction Lawsuit
If a tenant hasn’t paid rent, cured a lease violation, or moved out after three days, a landlord may electronically file a forcible entry and detainer petition and verification of account forms with the small claims court or district court in the county where the premises are located.
Step 3: Serve the Lawsuit
A process server must serve the petition for forcible entry and detainer on the tenant or anyone over 18 at the premises. Alternatively, the lawsuit may be posted at the residence, and a copy sent by certified mail.
Step 4: Schedule the Hearing
The court sets a date for the hearing within 8 to 15 days of filing the petition.
Step 5: Tenant Answers or Defaults
If the tenant wishes to contest the eviction, they must electronically file a written answer to the petition. If the tenant fails to appear at the hearing or the court decides in favor of the landlord, the tenant must move out, and the landlord regains possession of the property.
Step 6: Either Party May Appeal
If the tenant or landlord disagrees with the court’s decision, either may file an appeal. Either party must appeal within 20 days of the final judgment.
Step 7: Await the Judgment From the Court
If the landlord wins, the court enters judgment and issues a writ of possession to the landlord. A sheriff serves the writ on the tenant, who then has three days to leave the premises.
However, if the tenant wins, the lawsuit is dismissed, and the tenant doesn’t need to move out.
Related Iowa Court Forms
- Original Notice and Petition for Forcible Entry and Detainer: This document begins the eviction lawsuit for non-payment of rent or lease violation, stating the facts of the tenancy and non-payment.
- Verification of Account, Identification of Judgment Debtor, and Certificate Re Military Service: Filed with the clerk of the court to verify information about the tenant’s identity and location.
- Appearance and Answer of Defendant(s): The tenant answers the eviction lawsuit with this document, alleging any special defenses, such as uninhabitable premises or full payment of rent.
- Request for General Execution: The court issues this document after judgment is entered for the landlord and is used to collect rent or other fees due.
- Writ of Removal and Possession: The court issues this document after judgment is entered for the landlord. The sheriff uses it to remove the tenant from the rental premises.
