An Iowa eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Iowa.
Types of Iowa Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
Grounds | Time | Curable? |
---|---|---|
Unpaid Rent | 3-Day | Yes |
Lease Violation | 3/7-Day | Yes |
Lease Termination | 3/10/30-Day | No |
Material Health/ Safety Violation | 3/7-Day | Yes |
Illegal Activity | 3-Day | No |
3-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Iowa law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the rental agreement.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 3 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include:
- The total amount of past-due rent owed;
- The date payment in full is due;
- That the rental agreement will be terminated if the rent; and payment is not received by the deadline given in the notice.
Get the downloadable 3-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
3/7-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Iowa if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Iowa landlords must provide tenants with a 7-Day Notice to Comply, giving the tenant 7 days to correct the issue to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people reside in the rental unit, and having a pet when there’s a no-pet policy.
The notice should include:
- The specific lease violation(s);
- What the tenant can do to remedy the violation; and
- The date the lease will terminate if the tenant doesn’t comply within the deadline.
If the tenant has not corrected the issue by the deadline in the notice to comply, the landlord must give an additional notice, a 3-Day Notice to Quit, giving the tenant 3 days to move out of the rental unit.
If the tenant remains on the property after the second notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 3/7-Day Eviction Notice for Noncompliance form template below (.pdf direct link).
3/10/30-Day Lease Termination Notice (No Lease/End of Lease)
In the state of Iowa, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 10-Day Notice to Quit.
- Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit.
- Longer than Month-to-Month – If the tenancy is for any period greater than month-to-month, a landlord must provide the tenant with a 30-Day Notice to Quit.
The notice must include the date the tenancy will terminate.
If the remains on the rental property after the first notice period expires, the landlord must give an additional notice, a 3-Day Notice to Quit, giving the tenant 3 days to move out of the rental unit.
If the tenant remains on the property after the second notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 3/10/30-Day Lease Termination Notice form template below (.pdf direct link).
3/7-Day Notice to Cure or Vacate (Material Health / Safety Violation)
A tenant can be evicted in Iowa if they violate a health, building, safety, or housing code. In these instances, the landlord must provide the tenant with a 7-Day Notice to Comply, giving the tenant 7 days to correct the issue to avoid eviction.
Examples of material health and safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.
The notice should include:
- The specific health/safety violation(s);
- What the tenant can do to remedy the violation; or
- The date the lease will terminate if the tenant doesn’t comply within the deadline.
If the tenant has not corrected the issue by the deadline in the notice to comply, the landlord must give an additional notice, a 3-Day Notice to Quit, giving the tenant 3 days to move out of the rental unit.
If the tenant remains on the property after the second notice period expires, the landlord may proceed with the eviction process.
Get the downloadable 3/7-Day Eviction Notice for Material Health/Safety Violation form template below (.pdf direct link).
3-Day Notice to Quit (Illegal Activity)
Tenants who are involved in illegal activity must be given 3 days’ written notice before the landlord can proceed with an eviction action.
Tenants may also be evicted if their guests or other occupants in the rental unit are involved in illegal activity, even if the tenant wasn’t specifically involved in the activity.
In Iowa, illegal activity includes:
- Physical assault/threat of physical assault.
- Illegal use of firearm or other weapon.
- Possession of illegal firearm.
- Threat to illegally use a firearm.
- Possession of a controlled substance.
Note that committing any of the above within 1,000 feet of the rental unit will also get the tenant evicted.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The eviction notice should include the reason for the eviction, and what the tenant can do to avoid eviction if someone other than the tenant is involved in illegal activity or is a “clear and present” danger to others.
Get the downloadable 3-Day Eviction Notice for Illegal Activity form template below (.pdf direct link).
What to Include in Iowa Eviction Notices
The information required on an Iowa eviction notice varies based on the reason for the eviction; however, it’s still a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
Delivering Eviction Notices in Iowa
In the state of Iowa, landlords can deliver an eviction notice by any of the following methods:
- Giving it to the tenant in person;
- Leaving the notice with someone at the rental unit over the age of 18 AND getting a signature and date acknowledging delivery of the notice; or
- Posting a copy on the primary entrance door of the rental unit AND mailing a copy via certified and regular mail.
Note that certified mail is only used if the notice is posted at the rental unit.
Eviction Process in Indiana
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- Hearing is held and judgment issued.
- If an eviction is granted, a Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Iowa, <a href=”/laws/iowa-eviction-process”>click here</a>.
Sources
- 1 IA Code §562A.27 (2020)
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2. If rent is unpaid when due and the tenant fails to pay rent within three days after written notice by the landlord of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.
- 2 IA Code §648.3 (2020)
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2. a. …delivery that is signed and dated by a resident of the premises who is at least eighteen years of age…b. Personal service pursuant to rule of civil procedure 1.305, Iowa court rules, for the personal service of original notice… c. Posting on the primary entrance door of the premises and mailing by both regular mail and certified mail…
- 3 IA Code §562A.27 (2020)
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1. …if there is a material noncompliance…with the rental agreement or a noncompliance…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…
- 4 IA Code §648.3 (2020)
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1. Before action can be brought under any ground specified in section 648.1…three days’ notice to quit must be given to the defendant in writing. However, a landlord who has given a tenant three days’ notice to pay rent and has terminated the tenancy as provided in section 562A.27, subsection 2…may commence the action without giving a three-day notice to quit…
- 5 IA Code §562A.34 (2020)
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1. …terminate a week-to-week tenancy…at least ten days prior to the termination date specified in the notice. 2. …terminate a month-to-month tenancy… at least thirty days prior to the periodic rental date specified in the notice. 3. …terminate a tenancy having a term longer than month-to-month…at least thirty days prior to the end of the first or subsequent term of the tenancy specified in the notice.
- 6 IA Code §562A.27A (2020)
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1. …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…
- 7 IA Code §562A.27A (2020)
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2. 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…
- 8 IA Code §562A.27A (2020)
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1. …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…