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The Iowa eviction notice is a letter the landlord uses to notify the tenant of their intention to terminate the tenancy.
The eviction notice should include the following details:
Mandatory Information
Reasons for the eviction
Deadline by which the tenant must vacate the property
Instructions on how the tenant can remedy the violation and stop the eviction (only for curable violations)
If the tenant doesn’t comply with the instructions in the eviction notice, the landlord can file a complaint and initiate the eviction process before the Iowa court.
Types of Eviction Notices in Iowa
The type of eviction notice the landlord should use depends on the type of lease and the reasons for the eviction.
Notice to Pay Rent or Quit
The landlord can use this form to evict the tenant for the rent non-payment. They enter all the relevant details and give the tenant a minimum of 3 days to leave the rented property. If the tenant doesn’t leave or pay all the due rent in that period, the landlord can file an eviction lawsuit.
Notice for Non-Compliance
This form can be used if the tenant violates:
Notice for Non-Compliance
The lease agreement
Health and safety codes
Iowa landlord-tenant laws and regulations
The abovementioned violations are considered curable, and the landlord must give the tenant a minimum of 7 days to remedy the violation or vacate the property.
Notice for Illegal Activity
If the tenant engages in illegal activity at the leased property, the landlord can initiate the eviction by giving them a notice to vacate the property within 3 days without the possibility to cure the violation.
The illegal activities that can be used as a reason for eviction in Iowa include, but are not limited to:
Notice for Illegal Activity
Physical assault
Illegal firearm possession or use
Possession of illegal substances
Notice for terminating the Month-to-Month lease
The landlord can use this type of eviction notice to end the holdover tenancy or the periodic tenancy (week-to-week or month-to-month). However, they must notify the tenant at least 30 days in advance in the case of a month-to-month tenancy.
Eviction Laws and Requirements in Iowa
Laws & Requirements
Rent payment grace period. Not provided.
Notice for rent non-payment. 3 days (§ 562A.27)
Notice for non-compliance. 7 days (§ 562A.27(1))
Notice for illegal activity. 3 days (§ 562A.27A)
Notice for periodic lease termination. 30 days for month-to-month lease (§ 562A.34)
Eviction process. Forcible entry and detainer (Iowa Code, Chapter 648)
When is Rent Late in Iowa?
The rent in Iowa is due on the first day following the due date, usually determined by the landlord and the tenant in the lease agreement. If nothing is provided in the lease agreement, the due date is usually the first day of the rental period (the first day of the week or the first day of the month).
The Iowa Statute doesn’t provide a grace period for rent payments. That means that the landlord can issue the eviction notice as soon as the tenant is late with their rent payment.
Grounds for Eviction in Iowa
The landlord can evict the tenant in Iowa for the following reasons:
Grounds for Eviction
If the tenant doesn’t pay the rent
In case the tenant makes a violation of the lease agreement, health and safety codes, and Iowa landlord-tenant law
If the tenant engages in illegal activity at the property
When the landlord wants to terminate the holdover or periodic (week-to-week or month-to-month) tenancy.
Eviction Process in Iowa
When evicting the tenant, the landlord should follow the steps below. Otherwise, they might be sued for illegal eviction and have to pay damages to the tenant.
#1. Write a Notice
This process starts when the landlord issues an eviction notice and delivers it to the tenant. The landlord can deliver the notice personally, via certified email, or by posting it in a conspicuous place at the property.
The notice should describe the reasons for the eviction, provide the deadline before which the tenant must vacate the property, and optionally provide instructions for remedying the violation.
#2. File the Complaint
If the tenant doesn’t comply with the instructions in the eviction notice, the landlord can file a complaint before the Iowa court. When submitting the complaint, the landlord will also have to pay $95 in filing fees. They can submit the complaint through the eFiling Web portal or personally at the Iowa court clerk's office.
#3. Serve the Tenant
The court then forwards the complaint and the summons to the tenant, informing them about the date of the court hearing, further steps in the process, and that there is an eviction lawsuit filed against them.
All the documents must be delivered to the tenant at least 3 days before the hearing date. The landlord is not obliged to send a written answer to the court to be able to attend the hearing.
#4. Wait for Court’s Judgment
The court will hold a hearing no later than 8 to 15 days from the moment the landlord files a complaint.
If the tenant doesn’t show up for the hearing, the court will issue a default judgment in the landlord's favor. If both parties appear before the court, the hearing is going to be held, and the court is going to make the judgment.
Each party can appeal the judgment within 20 days. If the court rules in the landlord’s favor, the landlord can later request that the court issue the Writ of Execution. This document serves as the last notice to the tenant to leave the property, and it gives the sheriff the authority to forcefully remove the tenant from the property.
Other Eviction-Related Forms in Iowa
Other Eviction-Related Forms
Complaint form. The landlord can fill out this form and submit it to the Iowa court if they wish to file an eviction lawsuit. It contains all the important information about the parties and details about the landlord’s claim.
Appearance and Answer of Defendant(s). The tenant can use this form to submit their answer to the landlord’s claims. They can admit, partially admit, or deny the claims of the landlord.
Notice of Appeal. After the judgment is issued, both parties can use this form to appeal the court's decision.
Eviction Information for Landlords in Iowa
The landlord must follow the Iowa landlord-tenant law guidelines on the eviction procedure. If they violate the eviction procedure and use some of the illegal methods of eviction, they will be required to pay the damages they’ve caused to the tenant, as well as any reasonable attorney’s fees.
The illegal eviction methods include:
Eviction Information for Landlords
Changing the locks at the property
Removing the tenant’s belongings from the rental unit
Shutting off the essential utilities
Eviction Information for Tenants in Iowa
When they receive the eviction notice, the tenants should check to see what the reason for the eviction is. They can be evicted only for the reasons provided by the Iowa landlord-tenant law as the reason for the eviction.
The landlord is not allowed to initiate the eviction as a retaliatory measure because the tenant exercised some of their legally protected rights. This often refers to situations when the tenant complains to the landlord or the relevant agency about the health and safety violations at the property or when they join the tenant’s union.
How to Write an Eviction Notice in Iowa
Iowa Eviction Notice Checklist
Iowa Eviction Notice FAQ
You can file the eviction notice in any situation provided by the Iowa Statute as the reason for the eviction. These reasons include rent non-payment, non-compliance with the lease agreement, illegal activity, and termination of the periodic lease (month-to-month and week-to-week)
If you decide to evict the tenant, you must send them an eviction notice before initiating any proceedings before the court. Only if the tenant doesn’t comply with the request in the eviction notice can you file an eviction lawsuit. When filing the eviction lawsuit, the court requires you to attach a copy of the eviction lawsuit. Otherwise, they will decline the lawsuit.
The eviction process in Iowa can last between 3 and 8 weeks, depending on the type of lease and reason for eviction. If the tenant decides to counter the landlord’s claims and fight the eviction, this process can take even longer.
A 3-day eviction notice is acceptable only when the reason for the eviction is rent non-payment or illegal activity at the property. For other reasons, the Iowa Statute provides longer notice periods.
