An Iowa 3 Day Notice of Termination is an official eviction letter written by the landlord and served to the tenant for an incurable breach, such as possessing illegal drugs on the premises. There is no option to correct the violation and the tenant must move out within three (3) calendar days.
When to Use an Iowa 3 Day Notice of Termination
Use a 3 Day Notice of Termination to begin the eviction process in Iowa:
- If the tenant threatened physical harm or committed assault.
- If the tenant is in possession of illegal drugs.
- If the tenant illegally used a firearm or other deadly weapon.
- If the tenant is a clear and present danger to the health/safety of other persons.
If none of the above are true, use one of the below forms to evict a tenant:
- 3 Day Notice to Quit – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 7 Day Notice to Comply or Vacate – If the tenant failed to comply with health/safety rules, violated rules with too many occupants at the premises or any other violations of the lease.
- 7 Day Notice to Vacate – If the tenant committed substantially the same act or omissions which recurred within a six (6) month period.
- 30 Day Notice to Vacate – If the tenant or the landlord is ending a month-to-month lease. This letter is also used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write an Iowa 3 Day Notice of Termination
The Iowa 3 Day Notice of Termination form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the incurable breach or violation;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Iowa 3 Day Notice of Termination
A landlord can deliver notices in Iowa using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion at the property AND mailing the notice by regular AND certified mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by regular AND certified mail with a return receipt.
When sending the notice by regular and certified mail, add four (4) calendar days to the notice period to account for variability in post office delivery times.
- 1 IA Code § 562A.27A
Notwithstanding section 562A.27 or 648.3, if a tenant has 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, and setting forth the language of subsection 3 which includes certain exemption provisions available to the tenant, may file suit against the tenant for recovery of possession of the premises pursuant to chapter 648, except as otherwise provided in subsection 3. The petition shall state the incident or incidents giving rise to the notice of termination and notice to quit. The tenant shall be given the opportunity to contest the termination in the court proceedings by notice thereof at least three days prior to the hearing.
2. A clear and present danger to the health or safety of other tenants, the landlord, the landlord’s employees or agents, or other persons on or within one thousand feet of the landlord’s property includes, but is not limited to, any of the following activities of the tenant or of any person on the premises with the consent of the tenant:
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 unless the controlled substance was obtained directly from or pursuant to a valid prescription or order by a licensed medical practitioner while acting in the course of the practitioner’s professional practice. This paragraph applies to any other person on the premises with the consent of the tenant, but only if the tenant knew of the possession by the other person of a controlled substance.Source Link
- 2 IA Code § 562A.8
Notices required under this chapter, except those notices identified in section 562A.29A, shall be served as follows:
a. A landlord shall serve notice on a tenant by one or more of the following methods:
(1) Hand delivery to the tenant.
(2) 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 subparagraph shall be deemed to provide notice to all tenants of the dwelling unit.
(3) Personal service pursuant to
rule of civil procedure 1.305, Iowa court rules
, for the personal service of original notice.
(4) Mailing by both regular mail and certified mail, as defined in section 618.15, to the address of the dwelling unit or to an address provided by the tenant for mailing.Source Link
- 3 IA Code § 562A.29A
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