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Last Update July 21st, 2021
Iowa Eviction Notice Types
A legal eviction in Iowa can only be made for a number of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
Not using the correct IA legal document, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
3-Day Notice to Quit (Non-Payment)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 3-Day Notice to Quit. This obliges them to pay rent or quit within 72 hours.
If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
3-Day Notice to Quit (Clear and Present Danger)
A 3-Day Notice to Quit can be used in cases where a tenant has engaged in dangerous conduct that puts people or property at risk. When seeking this type of eviction, evidence of the misconduct must be provided by the landlord.
This type of notice can also be served due to family or friends causing issues around the property.
7-Day Notice to Quit (Non-Compliance)
In the case of a lease violation, the landlord may issue a 7-Day Notice to Quit for Non-Compliance. This will often give the tenant 7 days to correct the breach before they will be obliged to leave the property.
However, unconditional 7-Day Non-Compliance notices can be issued too for more serious offenses. For example, if a tenant commits a second violation within 6 months of the first, this type of notice can be issued. This doesn’t give the tenant any chance to correct their breach of the lease and they must leave the property within 7 days.
30-Day Notice to Quit (Month-to-Month)
30 Day-Notice to Quit documents are used to evict month-to-month tenants or those who don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge.
Iowa Eviction Laws
Your Iowa eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in Iowa may only happen in the case of:
Nonpayment of rent: 3 days’ notice
Breach of lease due to dangerous conduct: 3 days’ notice
Lease violations: 7 days’ notice
Termination of a month-to-month lease: 30 days’ notice
The IA eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
Iowa Eviction Process
The Iowa eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by IA state law. To correctly complete an eviction in Iowa, the landlord must do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file a complaint with a local court and a summons will be served. Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Writ of Removal and Possession with the court clerk.
Step 5: When the Writ of Removal and Possession has been processed the landlord may file the document with the county sheriff. The tenant will then have a short time to leave before being forcibly evicted.
FAQs About Iowa Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Iowa’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Iowa?
To successfully evict a tenant in Iowa state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How to File an Eviction in Iowa
If a tenant doesn’t comply after being served with a legally valid IA eviction notice it will be necessary to file a Forcible Entry and Detainer case against them. To do this the landlord will need to visit their local courthouse and file the case with the clerk of the court and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations
How Many Days Notice Does a Landlord Need to Give in Iowa?
The notice period a landlord needs to give in Iowa always depends on their reason to evict. When an Iowa eviction notice is served it must provide the correct duration for the infraction or it won’t be valid. This can be as few as 3 days for a missed rental payment and up to 30 days when terminating a lease.