Steps of the eviction process in Iowa:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court serves tenant with summons & complaint.
- Court holds hearing and issues judgment.
- Writ of possession is issued.
- Possession of property to landlord.
Evicting a tenant in Iowa can take around three to eight weeks, depending on the reason for the eviction. If tenants file an appeal, the process could take longer.
Grounds for an Eviction in Iowa
In Iowa, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms, material health/safety violations, and illegal activity. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 3 Days | Yes |
| End of / No Lease | 30 Days | No |
| Lease/Material Health/ Safety Violation | ~7 Days | Maybe |
| Illegal Activity | 3 Days | No |
Eviction for Nonpayment of Rent
In Iowa, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Iowa the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Iowa, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease Terms, Material Health, and Safety
In Iowa, a landlord can evict a tenant for violating the terms of their lease, violating material health and safety codes, or not upholding their responsibilities under Iowa landlord-tenant law. The tenant is allowed to fix (“cure”) all lease, health, and safety violations.
Lease Violation
If a lease violation is committed or the tenant does not uphold their responsibility under Iowa law, the landlord must give a 7 days’ notice to cure the issue. If the tenant does not fix the lease violation issue, the landlord can move forward and file an eviction lawsuit.
Tenant responsibilities include:
- Keeping the unit in a safe condition and free form hazard.
- Abiding by cleanliness standards.
- Making minor repairs and maintenance.
- Complying with any building or hosing codes that affect health and safety.
- Keeping all plumbing fixtures clean.
- Using any facility or appliance in a reasonable manner.
- Not deliberately or negligently destroying any part of the dwelling unit or allow others to do so.
- Not disturbing a neighbor’s peaceful enjoyment of the premises.
Additionally, if the tenant corrects the lease violation but commits the same lease violation within a six-month period, the landlord may terminate the tenancy with a 7 days’ notice to move out.
Health/Safety Violation
If a health or safety violation is committed, the landlord must give a 7 days’ notice to cure the issue. If the tenant has not corrected the violation after those 7 days, the landlord can terminate the tenancy and issue a final 3 days’ notice to move out.
Examples of material health and safety violations could include:
- Letting trash pile up inside the rental unit.
- Providing a harbor for rodents or bugs.
- Damaging the electrical wiring in the rental unit.
If the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Illegal Activity
In Iowa, a landlord can evict a tenant for illegal activity. To do so, they must first terminate the tenancy by giving 3 days’ notice to move out. The tenant is not allowed to fix (“cure”) illegal activity.
In Iowa, illegal activity includes:
- Physical assault/threat of physical assault.
- Illegal use of firearm/other weapons.
- Possession of illegal firearm.
- Threat to illegally use a firearm.
- Possession of a controlled substance.
Tenants may also be evicted if their guests or other occupants in the rental unit are involved in illegal activity, even if the tenant wasn’t specifically involved in the activity. This is known as “clear and present danger.”
Committing any of the above illegal activities within 1,000 feet of the rental unit can result in an eviction.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in Iowa
In Iowa, any of the below is illegal. If found liable, the landlord could be required to pay the tenant the cost of damages incurred as a result of the actions as well as reasonable attorneys’ fees.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining to the landlord or a governmental agency about a building or housing code violations affecting the tenant’s health and safety.
- Joining or organizing a tenant’s union or similar organization.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Iowa by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Giving a copy to the tenant in person.
- Leaving a copy with anyone over the age of 18 at the rental unit.
- Posting a copy in a conspicuous place on the rental unit AND mailing a copy via both first class and certified mail.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
3-Day Notice to Pay
If a tenant is late on paying rent (full or partial) in Iowa, the landlord can serve them a 3-Day Notice to Pay or Quit. This notice gives the tenant 3 days (not counting weekends or legal holidays) to pay the entire remaining balance or vacate the premises.
30-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in Iowa, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
However, for tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | 30 Days |
| Year-to-Year | 30 Days |
7-Day Notice to Cure or Vacate
In Iowa, if a tenant commits a lease violation, health violation or a safety violation the landlord can serve them a 7-Day Notice to Cure or Vacate. This eviction notice gives the tenant 7 calendar days to fix the issue or move out.
If that 7-day period elapses and the violation is not fixed, the landlord must then serve a final 3-Day Notice to Quit.
7-Day Notice to Quit
In Iowa, if a tenant corrects a lease violation, but commits the same violation within a six-month period, the landlord must give a 7-Day Notice to Quit. This eviction notice gives the tenant 7 calendar days to move out.
3-Day Notice to Quit
In Iowa, if a tenant commits illegal activity or has not corrected the health or safety issue after the first notice, the landlord must give a 3-Day Notice to Quit. This eviction notice gives the tenant 3 calendar days to move out.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Iowa landlords must file a complaint in the appropriate court. In the state of Iowa, this costs around $95 in filing fees. Some counties such as Linn County or Scott County provide information on how evictions work specifically in that county.
Step 3: Court Serves Tenant with Summons & Complaint
The summons and complaint must be served on the tenant by an individual who isn’t part of the eviction at least three days prior to the eviction hearing, through one of the following methods:
- Giving a copy to the tenant in person.
- Leaving a copy with anyone over the age of 18 at the rental unit.
- Leaving a copy with the owner/proprietor of the rental unit.
- Leaving a copy with the tenant’s family member.
- Posting a copy in a conspicuous place on the rental unit AND mailing a copy via both first class and certified mail.
Step 4: Court Holds Hearing & Issues Judgment
The eviction hearing must be held 8 days after the complaint is filed with the court, except if the landlord requests for a later hearing date and the hearing date shall be no more than 15 days from the date of filing.
Tenants are not required to file a written response to the complaint in order to attend the eviction hearing; however, if the tenant fails to appear for the hearing, the judge will issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
If the judge rules in favor of the landlord either with a default judgment or at an eviction hearing, a writ of execution will be issued, and the eviction process shall proceed.
Tenants who want to appeal must do so within 20 days of the date the judgment is issued, or the eviction process will continue.
Step 5: Writ of Execution Is Issued
The writ of execution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before law enforcement officials return to the property to forcibly remove the tenant.
If the court has ruled in the landlord’s favor, a writ of execution will be issued at the hearing, stating that the tenant must move out within three days of the date of the judgment for the landlord, or the tenant will be forcibly evicted.
Step 6: Possession of Property is Returned
Tenants will be forcibly removed from the rental unit within three days of the date the judgment was issued in favor of the landlord if they have not moved out before then.
Iowa Eviction Process Timeline
In Iowa, an eviction can be completed in 3 to 8 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Iowa eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-30 Calendar Days |
| Court Issuing Summons | 3 Business Days |
| Court Serving Summons | 3 Business Days |
| Tenant Response Period | Not Required |
| Court Ruling | 8-15 Business Days |
| Court Serving Writ of Possession | Immediately |
| Final Notice Period | 3 Days |
Flowchart of Iowa Eviction Process
For additional questions about the eviction process in Iowa, please refer to the official legislation, Iowa Code §526A, §648, and the Iowa Rules of Civil Procedure, Rules 1.302 and 1.305, for more information.
Sources
- 1 IA Code §562A.27 (2020)
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2. If rent is unpaid when due and the tenant fails to pay rent within three days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.
- 2 IA Code §562A.34 (2020)
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1. …terminate a week-to-week tenancy…at least ten days prior to the termination date specified in the notice. 2. …terminate a month-to-month tenancy… at least thirty days prior to the periodic rental date specified in the notice. 3. …terminate a tenancy having a term longer than month-to-month…at least thirty days prior to the end of the first or subsequent term of the tenancy specified in the notice.
- 3 IA Code §562A.27 (2020)
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1. …if there is a material noncompliance…with the rental agreement or a noncompliance…materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days…
- 4 IA Code §648.3 (2020)
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1. Before action can be brought under any ground specified in section 648.1…three days’ notice to quit must be given to the defendant in writing. However, a landlord who has given a tenant three days’ notice to pay rent and has terminated the tenancy as provided in section 562A.27, subsection 2…may commence the action without giving a three-day notice to quit…
- 5 IA Code §562A.27A (2020)
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1. …created or maintained a threat constituting a clear and present danger to the health or safety of other tenants, the landlord, the landlord’s employee or agent, or other persons on or within one thousand feet of the landlord’s property, the landlord, after the service of a single three days’ written notice of termination and notice to quit stating the specific activity causing the clear and present danger…
- 6 IA Code §562A.27A (2020)
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2. a. Physical assault or the threat of physical assault. b. Illegal use of a firearm or other weapon, the threat to use a firearm or other weapon illegally, or possession of an illegal firearm. c. Possession of a controlled substance…
- 7 IA Code § 562A.36 (2021)
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a. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety;
b. The tenant has complained to the landlord of a violation under section 562A.15; or
c. The tenant has organized or become a member of a tenants’ union or similar organization.
2. If the landlord acts in violation of subsection 1 of this section, the tenant may recover from the landlord the actual damages sustained by the tenant and reasonable attorney fees, and has a defense in action against the landlord for possession…
- 8 IA Rules of Civil Procedure, Rule 1.302 (2020)
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(4) Original notices may be served by any person who is neither a party nor the attorney for a party to the action. A party or party’s agent or attorney may take an acknowledgment of service and deliver a copy of the original notice in connection therewith and may mail a copy of the original notice when mailing is required or permitted under any rule or statute.
- 9 IA Code §648.5 (2020)
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2. b. …Service of original notice under this paragraph shall not occur less than three days prior to the hearing. c. …by posting on the primary entrance door of the premises and mailing by both regular mail and certified mail…An original notice posted according to this paragraph shall be posted not less than three days prior to the hearing…
- 10 IA Rules of Civil Procedure, Rule 1.305 (2020)
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(1) …by serving the individual personally; or by serving, at the individual’s dwelling house or usual place of abode, any person residing therein who is at least 18 years old… a copy may be delivered to such person who resides with the individual or is either a member of the individual’s family or the manager or proprietor of such place…
- 11 IA Code §648.5 (2020)
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1. …The court shall set the date of hearing no later than eight days from the filing date, except that the court shall set a later hearing date no later than fifteen days from the date of filing if the plaintiff requests or consents to the later date of hearing.
- 12 IA Code §648.22 (2020)
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If the defendant is found guilty, judgment shall be entered that the defendant be removed from the premises, and that the plaintiff be put in possession of the premises, and an execution for the defendant’s removal within three days from the judgment shall issue accordingly, to which shall be added a clause commanding the officer to collect the costs as in ordinary cases.
