An Iowa eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Iowa, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Iowa Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 3 Day Notice to Quit | Unpaid Rent | Yes |
| 7 Day Notice to Comply or Vacate | Lease Violation | Yes |
| 3 Day Notice of Termination | Incurable Breach
(Clear & Present Danger) |
No |
| 7 Day Notice to Vacate | Incurable Breach
(Repeat Lease Violation) |
No |
| 30 Day Notice to Vacate | Monthly / Longer Term Lease | No |
Iowa 3 Day Notice to Quit
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An Iowa 3 day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to pay the balance due, otherwise the tenant must move out and deliver possession of the premises within three (3) calendar days.
Iowa 7 Day Notice to Comply or Vacate
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An Iowa 7 day Notice to Comply or Vacate form is used for an eviction for a curable breach of the lease. Examples of lease violations are failing to maintain the rental unit in a clean and sanitary manner, refusing to allow the landlord access to the premises or damaging property. The tenant has the option to fix the lease violation, otherwise the tenant must move out and deliver possession of the premises within seven (7) calendar days.
Iowa 3 Day Notice of Termination
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An Iowa 3 day Notice of Termination form is used for an eviction for an incurable breach, such as the tenant creating or maintaining a threat to the health and safety of other persons. This combined eviction notice form is a notice of termination and notice to quit for a tenant that is a clear and present danger to other persons on or within 1000 feet of the landlord’s property. The tenant cannot remain on the premises and must move out within three (3) calendar days.
Iowa 7 Day Notice to Vacate
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An Iowa 7 day Notice to Vacate form is used for an eviction for an incurable breach, such as a repeat lease violation within a six (6) month period. The tenant does not have the option to fix the violation and must move out and deliver possession of the premises within seven (7) calendar days.
Iowa 30 Day Notice to Vacate
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An Iowa 30 Day Notice to Vacate is used to terminate a month-to-month lease or a lease with a term longer than month-to-month. This lease termination letter may also be used for tenants that do not have a written lease that pay rent monthly or for tenants with an expired lease. The letter may be provided to either party at least thirty (30) calendar days prior to the termination date set forth in the notice.
How to Write an Eviction Notice in Iowa
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Iowa
An eviction notice in Iowa takes effect the day after it is served. All days are counted during the notice period. Regardless of the length of notice, the last day is included in the notice period unless it falls on a weekend or legal holiday, then the notice will not officially expire until the end of the next judicial day (not counting weekends or legal holidays).
How to Serve an Eviction Notice in Iowa
A landlord can serve eviction 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.27A
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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.34
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The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
The landlord or the tenant may terminate a tenancy having a term longer than month-to-month by a written notice given to the other at least thirty days prior to the end of the first or subsequent term of the tenancy specified in the notice.
Source Link - 3 Iowa Court Rules of Civil Procedure - Rule 4.1
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Time—legal holidays. In computing time, the first day shall be excluded and the last Iowa Code 2022, Section 4.1 (17, 1) Mon Dec 06 18:08:43 20213 CONSTRUCTION OF STATUTES, §4.1 included, unless the last falls on Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday. However, when by the provisions of a statute or rule prescribed under authority of a statute, the last day for the commencement of an action or proceedings, the filing of a pleading or motion in a pending action or proceedings, or the perfecting or filing of an appeal from the decision or award of a court, board, commission, or official falls on a Saturday, a Sunday, a day on which the office of the clerk of the district court is closed in whole or in part pursuant to the authority of the supreme court, the first day of January, the third Monday in January, the twelfth day of February, the third Monday in February, the last Monday in May, the fourth day of July, the first Monday in September, the eleventh day of November, the fourth Thursday in November, the twenty-fifth day of December, and the following Monday when any of the foregoing named legal holidays fall on a Sunday, and any day appointed or recommended by the governor of Iowa or the president of the United States as a day of fasting or thanksgiving, the time shall be extended to include the next day which the office of the clerk of the court or the office of the board, commission, or official is open to receive the filing of a commencement of an action, pleading or a motion in a pending action or proceeding, or the perfecting or filing of an appeal.
Source Link - 4 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.
(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 - 5 IA Code § 562A.8
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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
