The Iowa eviction notice forms are forms that may be used in the event that a landlord seeks to remove a tenant from his or her rental property. Landlord must have a reason to remove the tenant, such as non payment of rent, immediate danger to the property, non compliance with the lease terms or because the landlord wants to terminate the lease according to its terms. In all cases, a landlord must properly inform the tenant by providing notice. Landlord also must give tenant a certain amount of time to rectify the situation if the tenant has failed to pay rent or has otherwise breached the lease. If the tenant pays the full amount of rent owed or cures the breach, landlord may not proceed with eviction. However, if the tenant does not respond, landlord may proceed with the eviction, called a Forcible Entry and Detainer action, in the local small claims court. Iowa has instituted electronic filing so, unless you receive an exemption, you will have to set up an account and make your Filing Electronically.
Notices By Type
3-Day Notice to Quit (Non-Payment) – This form is used when a tenant has failed to pay rent. Landlord may give notice of the failure and must allow three days for the tenant to pay what is owed before commencing an eviction action. If the tenant pays the rent in full before the three day notice period has expired, landlord cannot continue to seek eviction.
3-Day Notice to Quit (Clear and Present Danger) – This form is used when the tenant has engaged in dangerous conduct that puts people and property at risk. Landlord will have to prove evidence of such conduct when seeking eviction.
7-Day Notice to Quit (Non-Compliance) – This form is used when the tenant is in breach of the lease. Landlord must give the tenant seven days to fix the problem before commencing proceedings in court.
30-Day Notice to Quit (Month to Month) – This form is used when the landlord does not want to renew a month-to-month tenancy and wants the tenant to move out at the end of the month.
When is Rent Late
Rent is late in Iowa when tenant fails to pay on the date it is due under the terms of the lease. Landlord must provide written notice that the rent is late and give the tenant three days to pay before continuing proceedings.
How to Evict (Process)
Step 1 – First, the landlord must provide requisite notice to tenant of his or her intention to seek eviction proceedings if the tenant fails to vacate or rectify the specified problem. Tenant may not rectify a clear and present danger problem, or not agree to leave at the end of the term, however, tenant can rectify other breaches, including non-payment of rent. The landlord should provide one of these notices to tenant, either by service of process, getting it signed by an adult at the residence, or by posting and mailing by certified mail:
- 3-Day Notice to Quit (Non-Payment)
- 3-Day Notice to Quit (Clear and Present Danger)
- 7-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – If the tenant fails to respond satisfactorily to the written notice in the time allowed, the landlord may begin a forcible entry and detainer action in small claims court. In Iowa, the court system requires that small claims be filed electronically, so you will have to set up an account on this site. You will then have to fill out this Forcible Entry and Detainer form and file it electronically with the small claims court in your county. You will also need to file a confidential information sheet with the clerk.
Step 3 – After you have filed the Forcible Entry and Detainer form, you will have to have it served on the tenant either by service of process, having it signed by an adult at the residence, or by posting and mailing by certified mail.
Step 4 – The court will set a hearing date within eight days of filing. You should have the evidence of serving the notice to quit as well as serving the forcible entry and detainer notice. The court will issue a decision either in favor of the landlord or tenant. If it is in favor of the landlord, the tenant shall have to vacate.