Make a Iowa Eviction Notice

What are the Components of an Iowa Eviction Notice?

There are three types of Iowa eviction notices. All have the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms.
• The address of the rental property.
• The date the eviction notice was created.
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service).
• The contact information of the landlord or property manager.
• The printed name and signature of the landlord or property manager.

• A completed Certificate of Service that lists the date service took place, on whom the notice was served, how the notice was served, and the signature of the person who served the notice.

Iowa eviction notices are also known as a notice to quit. The number of days provided to the tenant to correct the problem or vacate the property depends on the reason the eviction notice was issued. They also have their own additional components.

Iowa 3-Day Notice to Quit for Non-Payment of Rent

A 3-day notice to quit for non-payment of rent informs the tenant that they must pay the rent that is past due or vacate the property. The tenant is given three days from the date of the notice to catch up on their rent. If the tenant claims that they didn’t pay their rent because there is a condition on the property that the landlord is legally obligated to take care of, the tenant must give the landlord seven days of notice before the rent is due to inform the landlord that the issue exists.

This notice should:

• Inform the tenant of the full amount that they owe.
• Provide the date by which the tenant should pay or vacate the property.

A 3-day notice to quit for non-payment of rent must comply with Iowa Code Ann. § 562A.27.

Iowa 7-Day Notice to Quit for Curable Non-Compliance

A 7-day notice to quit for non-compliance informs the tenant that they’ve violated the lease agreement and that they have seven days to correct it or vacate the property. This notice must include:

• An explanation of the violation should be given in the notice.
• Provide the date by which the tenant should correct the violation or vacate the property.

If the tenant violates the lease in the same way within six months, the landlord may terminate the lease agreement with a 7-day notice. The landlord does not have to give the tenant the opportunity to correct it again. This notice is governed by Iowa Code Ann. § 562A.27.

Iowa 3-Day Notice to Quit for Clear and Present Danger

A 3-day notice to quit because of a clear and present danger means that the landlord is terminating the lease agreement and wants possession of the rental property at the end of the three days because the tenant created or maintained a threat that is considered a clear and present danger under Iowa law:

• The tenant physically assaulted or threatened another person (including other tenants, the landlord, or the employees of the property). This must occur on or within 1,000 feet of the property.
• The tenant illegally used or possessed a firearm on or within 1,000 feet of the rental property.
• The tenant was in possession of illegal drugs on or within 1,000 feet of the rental property.

This notice can be caused by the actions of the tenant or by someone the tenant knew who took these actions on or near the property if the tenant did not take measures to stop that person. Actions the tenant may take include, but may not be limited to:

• Applying for an order of protection against the other party.
• Reporting illegal activities to law enforcement.
• Writing a letter to the party instructing them to stay away from the property and to stop conducting illegal activities near it. A copy of this letter must also be provided to law enforcement.

The notice must:

• Explain which of the three actions above caused it to be issued.
• The date by which the tenant must vacate the property.

Iowa Lease Termination Letter – 30 Day Notice

A 30-day notice to quit for a month-to-month lease isn’t an eviction notice. It acts in a similar way because it informs the tenant that the landlord does not plan to renew the lease agreement. It must include:

• The date that the tenant should vacate the premises.

This notice should comply with Iowa Code Ann. § 562A.34.

Service of an Iowa Eviction Notice

Iowa eviction notices must be legally served. If they aren’t, the landlord may not be allowed to move forward with the eviction process. It must be served in person by a process server, hand-delivered by the landlord if the tenant signs an acknowledgment of service, or placed on the front door with a copy also sent by certified mail.

What are the Legal Considerations of an Iowa Eviction Notice?

Eviction notices are the first step in the legal eviction process. A landlord cannot generally sue the tenant without first issuing an eviction notice. Iowa landlords may not change the locks, shut off the utilities, or remove the tenant’s belongings without a court order. Those methods are referred to as “self-help” evictions. Landlords may not evict tenants for discriminatory reasons or out of retaliation for the tenant reporting the landlord or the property to the authorities for code violations.

Eviction notices must be legally served upon the tenant. The legal service methods are explained in the section above.

Eviction Information for Iowa Tenants

Eviction notices are serious and should not be ignored. Read the eviction notice carefully to understand why it was given to you and what you can do to retain possession of the property. If you’re served because of a clear and present danger, there are things you may be able to do to stop the eviction process. If you receive an eviction notice for non-compliance, read it carefully so that you understand how the lease was violated, what you can do to correct the violation and the date by which you should fix the issue. You should also understand that if you violate the lease in the same way within six months, the landlord can send you a notice to move and they do not have to allow you to fix the violation again.

Not all evictions are legal. We discussed illegal evictions under Legal Considerations. If you believe that you’re a victim of illegal eviction, you can elect to get legal help. Your first option is to hire a landlord-tenant attorney. If you do have a claim for illegal eviction, a lawyer can inform you of your legal options. If you cannot afford an attorney, contact Drake Law School or University of Iowa College of Law and ask if they have a legal clinic. Legal clinics are managed by law students who are supervised by licensed attorneys. They provide low cost or free legal help to people in the community. A lot of clinic time may focus on helping tenants. Your third option is to contact Iowa Legal Aid. They provide low-cost legal help for people who meet certain income requirements. They also have a lot of helpful information on their website.

Eviction Information for Iowa Landlords

Landlords must comply with Iowa landlord-tenant law. Eviction notices are the first step in the legal eviction process. If you believe that your tenant has created a clear and present danger, make sure that you read the associated laws and understand what you can do and when you can do it. Your tenant may be able to do certain things to avoid eviction.

Eviction notices must be legally served upon the tenant. You may find that it is better to hire a process server than to serve the tenant on your own. Additionally, you must not change the locks, turn off the utilities, or remove the tenant’s property until you receive an order from the court. Using an illegal eviction method can subject you to a lawsuit.