Evicting a tenant in Iowa can take around 3 to 8 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
- Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 3 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violations | 7 Days | Yes |
| Repeat Lease Violation | 7 Days | No |
| Illegal Activity | 3 Days | No |
Nonpayment of Rent
In Iowa, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 3 days’ notice to quit, which gives the tenant the option to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Iowa the day immediately after its due date. Iowa landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on July 1st, it will be considered late starting on July 2nd, unless the lease specifically states there is a grace period.
End of Lease or No Lease
In Iowa, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant a proper 30-days’ notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Iowa, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Iowa landlord-tenant law. To do so, the landlord must first serve the tenant a 7 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Examples of lease violations include:
- Failing to maintain the rental unit in a clean and sanitary manner
- Refusing to allow the landlord access to the rental unit
- Using fixtures or appliances in an unreasonable or unsafe manner
- Causing minor property damage (i.e. small holes in sheetrock or missing blinds)
- Disturbing the peace and enjoyment of others
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Repeated Lease Violations
In Iowa, if the tenant repeats the same or a similar lease violation within a 6-month period, the landlord is not required to give the tenant a second chance to fix the issue and can instead serve a 7-day notice to vacate.
The tenant does not have a chance to fix the issue and must move out within the 7-day period. If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity
In Iowa, a landlord can evict a tenant for demonstrating a clear and present danger to other persons or committing illegal activity on or within 1000 feet of the premises. To do so, the landlord must first serve the tenant a 3 days’ notice of termination.
The tenant does not have the option to fix the issue and must move out within the 3-day period.
In Iowa, illegal activity includes:
- Threatening or committing physical assault
- Using or threatening to use a firearm or other deadly weapon.
- Possessing controlled substances.
- Demonstrating a clear and present danger to the health/safety of other persons.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
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 about an issue with the property
- Contacting a local or government agency about an issue with the property
- Joining, supporting or organizing a tenant union or organization
- Pursuing legal action against the landlord
- Withholding rent for a legally acceptable reason
In Iowa, all evictions follow the same process:
- Landlord serves tenant with written notice of violations
- Landlord files complaint with the court due to unresolved violations
- Court serves tenant with summons and complaint
- Court holds a hearing and issues a judgment
- Writ of possession is issued
- Possession of property to landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Iowa by serving the tenant with written notice. Iowa landlords may deliver an eviction notice to a tenant by any of the following methods:
- Hand delivery to the tenant
- Hand delivery to the tenant’s spouse, if a reasonable person has cause to believe they live with the tenant
- Hand delivery to a person residing at the premises who is at least 18 years old (may be a roommate, family member, or manager/proprietor, if the residence is a rooming house, hotel, club or apartment building)
- Other form of delivery to the tenant, evidenced by an acknowledgment of delivery that is signed and dated by a resident of the dwelling unit who is at least 18 years of age
- Posting on the primary entrance door of the dwelling unit, PLUS mailing by both regular mail AND certified mail to the tenant’s dwelling or last known address
Mailed notice extends a notice period by four (4) calendar days, to account for variable delivery times.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
3-Day Notice To Quit
In Iowa, if a tenant is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice To Quit. This eviction notice gives the tenant 3 days to pay the balance due or vacate the premises.
Any Iowa property that was covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act is federally entitled to a minimum 30 days of advance notice before a landlord can file an eviction for nonpayment of rent or other fees. Iowa landlords must also fill out a CARES Act Landlord Verification before filing for eviction.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Iowa, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 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 Comply or Vacate
In Iowa, if a tenant commits a lease violation or does not uphold their legal responsibilities, the landlord can serve them a 7-Day Notice To Comply or Vacate. This eviction notice gives the tenant 7 days to fix the issue or move out.
If the tenant repeats the same or a similar lease violation within a 6-month period, the landlord can serve them a 7-day notice to vacate to terminate the tenancy.
7-Day Notice To Vacate
In Iowa, if a tenant repeats a lease violation within a 6-month period, the landlord can serve them a 7-Day Notice To Vacate. This eviction notice gives the tenant 7 days to move out without the chance to fix the issue.
3-Day Notice of Termination
In Iowa, if a tenant commits illegal activity or demonstrates a clear and present danger to other persons, the landlord can serve them a 3-Day Notice of Termination. This eviction notice gives the tenant 3 days to move out without the chance to fix the issue.
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 and Complaint
The summons and complaint must be served on the tenant by an individual who isn’t part of the eviction at least 3 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
The summons and complaint must be served on the tenant at least three days prior to the hearing date.
Step 4: Court Holds Hearing and 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.
The eviction hearing must be held within 8-15 days of the date the complaint was filed with the court.
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 3 days of the date of the judgment for the landlord, or the tenant will be forcibly evicted.
The writ may be issued at the time the judgment in favor of the landlord is issued.
Step 6: Possession of Property is Returned
Tenants will be forcibly removed from the rental unit within 3 days of the date the judgment was issued in favor of the landlord if they have not moved out before then.
The tenant has 3 days from the date the judgment was issued in favor of the landlord to move out of the rental unit.
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
Iowa Eviction Court Fees
The total cost of an eviction in Iowa for all filing, court, and service fees varies heavily by the amount of the eviction claim. For cases filed in Small Claims District Court (for claims under $6,500), the average cost is $155. For cases filed in District Court (for claims over $6,500), the average cost is $255.
| Fee | Small Claims | District |
| Initial Court Filing | $95+ | $195+ |
| Petition Service | $30+ | $30+ |
| Writ of Execution Service | $30 | $30 |
| Notice of Appeal (Optional) | $195 | $150 |
| Document Copies (Optional) | $0.50/ea | $0.50/ea |
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.
- 13 Iowa Code § 562A.29A(1)
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A written notice of termination required under section 562A.27, subsection 1, 2, or 5, a notice of termination and notice to quit required under section 562A.27A, a landlord’s written notice of termination to the tenant required under section 562A.34, subsection 1, 2, or 3, or a notice to quit required by section 648.3, shall be served upon the tenant by one or more of the following methods:
a. Delivery evidenced by an acknowledgment of delivery that is signed and dated by a resident of the dwelling unit who is at least eighteen years of age. Delivery under this paragraph shall be deemed to provide notice to all tenants of the dwelling unit.
b. Personal service pursuant to rule of civil procedure 1.305, Iowa court rules, for the personal service of original notice. [i.e., personal service; service to property resident at least 18 years old, incl. family, roommate, or manager/proprietor, if receiving party resides in a rooming house, hotel, club, or apartment building; or service to receiving party’s spouse, if there is a reasonable belief the spouse resides with the receiving party. See Iowa R. Civ. P. 1.305(1).]
c. Posting on the primary entrance door of the dwelling unit and mailing by both regular mail and certified mail, as defined in section 618.15, to the address of the dwelling unit or to the tenant’s last known address, if different from the address of the dwelling unit. A notice posted according to this paragraph shall be posted within the applicable time period for serving notice and shall include the date the notice was posted.
Source Link - 14 Iowa Code § 562A.8(2)
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Notice served by mail under this section is deemed completed four days after the notice is deposited in the mail and postmarked for delivery, whether or not the recipient signs a receipt for the notice.=====Mailed deliveries under more narrow notice requirements are held to the same standard. See Iowa Code § 562A.29A(2) (“Notice served by mail under this section is deemed completed four days after the notice is deposited in the mail and postmarked for delivery, whether or not the recipient signs a receipt for the notice.”)Source Link
- 15 In the Matter of Ongoing Provisions for Coronavirus / COVID-19 Impact On Court Services, Iowa. Supr. Ct., May 22, 2020 (order amended March 12, 2021)
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Any plaintiff bringing an FED action under chapter 648 for nonpayment of rent after the date of this order shall submit a CARES Act verification in a form approved by this court. This requirement shall continue in effect until further order of this court.
Source Link
