Iowa 7 Day Notice to Comply or Vacate

An Iowa 7 Day Notice To Comply or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for a “curable” lease violation (i.e., one which the tenant is allowed an opportunity to correct), such an occupancy violation. The tenant must take appropriate corrective action or move out within seven (7) calendar days of receiving notice.

When To Use an Iowa 7 Day Notice To Comply or Vacate

An Iowa 7 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:

Failure to comply with health and safety rules
Occupancy violation
Causing damage to property
Refusal to allow the landlord lawful access to the premises
Other violations of the lease

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 7 Day Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or Vacate:

Use the full name of the receiving parties, and address of record, if known
Specify the basis upon which the tenancy will terminate and corrective action(s) necessary to avoid termination
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 7 Day Notice To Comply or Vacate

Iowa landlords may deliver a Notice To Comply or Vacate 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.

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

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 Iowa Code § 562A.29A(1): 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
3 Iowa Code § 562A.8(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.

=====

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