An Iowa 10 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a week-to-week lease. The non-terminating party must receive notice at least ten (10) calendar days before the date of termination.
When To Use an Iowa 10 Day Notice To Vacate
An Iowa Ten Day Notice To Vacate ends a week-to-week lease, or a rental situation with no written lease where the tenant pays rent weekly.
Some types of Iowa lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Iowa 10 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Iowa 10 Day Notice To Vacate
Iowa has complicated laws for delivery of a lease termination notice, with different standards for landlords and tenants and different rules for different types of termination. The following rules cover most rental situations. In all cases, mailed notice extends a notice period by four (4) calendar days, to account for variable delivery times.
Delivering a Notice To Vacate to a Tenant in Iowa
Iowa landlords may deliver a lease termination 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
Delivering a Notice To Vacate to a Landlord in Iowa
Iowa tenants may deliver a lease termination notice to a landlord by any of the following methods:
- Hand delivery to the landlord
- Hand delivery to the landlord’s spouse, if a reasonable person has cause to believe they live with the landlord
- Other form of delivery to the landlord or an agent, evidenced by a signed and dated acknowledgment of delivery
- Delivery to an employee/agent at the landlord’s business office
- Delivery by regular AND certified mail to the landlord’s business address of record
- Any other method of deliver that results in the landlord actually receiving the notice
Sources
- 1 IA Code § 562A.34
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The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice.
Source Link - 2 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
- 3 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 - 4 Iowa Code § 562A.8(1)(b)
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A tenant shall serve notice on a landlord by one or more of the following methods:
(1) Hand delivery to the landlord or the landlord’s agent designated under section 562A.13.
(2) Delivery evidenced by an acknowledgment of delivery that is signed and dated by the landlord or the landlord’s agent designated under section 562A.13.
(3) 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).]
(4) Delivery to an employee or agent of the landlord at the landlord’s business office.
(5) Mailing by both regular mail and certified mail, as defined in section 618.15, to the address of the landlord’s business office or to an address designated by the landlord for mailing.
(6) A method of providing notice that results in the notice actually being received by the landlord.
Source Link
