An Iowa 7 Day Notice to Comply or Vacate is an official eviction document delivered to the tenant for a curable lease violation, such as allowing unauthorized occupants to reside at the premises. The tenant has the opportunity to correct the lease violation or move out within seven (7) calendar days.
When to Use an Iowa 7 Day Notice to Comply or Vacate
Use a 7 Day Notice to Comply or Vacate to begin the eviction process in Iowa:
- If the tenant failed to comply with health/safety rules.
- If the tenant violated the rules with too many occupants.
- If the tenant damaged property.
- If the tenant refused the landlord access to the rental unit.
- If the tenant committed any other violations of the lease.
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.
- 3 Day Notice of Termination – If the tenant threatened physical harm, illegally used a firearm or other deadly weapon, possessed illegal drugs or is determined to be a clear and present danger to other persons.
- 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 7 Day Notice to Comply or Vacate
The Iowa 7 Day Notice to Comply or Vacate 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 rule or lease violation;
- Indicate how the tenant can remedy the breach;
- Enter the date and time when the violation must be cured by;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Iowa 7 Day Notice to Comply or Vacate
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.
Sources
- 1 IA Code § 562A.27
-
Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with section 562A.17 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, and the rental agreement shall terminate as provided in the notice subject to the provisions of this section. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate.
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.
(5) Posting on the primary entrance door of the dwelling unit. A notice posted according to this subparagraph shall be posted within the applicable time period for serving notice and shall include the date the notice was posted.
(6) A method of providing notice that results in the notice actually being received by the tenant.
Source Link - 3 IA Code § 562A.8
-
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