An Iowa 7 Day Notice To Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for an “incurable” breach of the lease (i.e., one which the tenant isn’t allowed an opportunity to correct), such as a repeat lease violation. The tenant must move out within seven (7) calendar days of receiving notice.
When To Use an Iowa 7 Day Notice To Vacate
An Iowa 7 Day Notice To Vacate begins the eviction process when the tenant repeats the same or a substantially similar violation to one that received a previous notice of noncompliance, within a six (6) month period.
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 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
- Specify the basis upon which the tenancy will terminate
- 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 Vacate
Iowa landlords may deliver a Notice To Vacate using any of these methods:
- Hand delivery to the other party
- Hand delivery to a resident of the property over age 18 who can accept the notice on behalf of the other party
- Posting at the entry door of the premises
- Delivery by both registered or certified mail AND regular mail
To account for variable delivery times, mailed notice extends the notice period by four (4) calendar days.
Sources
- 1 IA Code § 562A.27
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If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least seven days’ written notice specifying the breach and the date of termination of the rental agreement.
Source Link - 2 IA Code § 562A.8
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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
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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.
Source Link