Iowa Eviction Process

Guide to the Eviction Process in Iowa

Eviction in Iowa:

Iowa Eviction Laws

The basis of the Iowa Eviction Laws are found in Chapter 648 the Iowa Code under “Forcible Entry and Detainer.” If you are a landlord in Iowa, it is a good idea to familiarize yourself with these eviction laws, as it is only a matter of time until you need to use them.  Tenants can view helpful pages when they are being evicted> Tenants Help Pages

Reasons to Evict in Iowa

In the State of Iowa, a landlord can evict a tenant for many specific reasons. The most common reason is non-payment of rent. Other reasons to evict have to do with the tenant’s unacceptable behavior. These reasons include: unsanitary conditions, health code violations, improper disposal of wastes, improper use of utilities or facilities, destroying the property, disturbing the neighbors, violating the rental agreement, and creating a danger to people around them.

 

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Notice to Cure or Quit

The first step in the iowa eviction process is serving the tenant with an Iowa Eviction notice, also called a Notice to Cure or Quit. The landlord should use a 3 Day Notice for the following situations: Failure to Pay Rent, Creating a Clear and Present Danger, or for Staying over after the lease has expired. The Landlord should use a 7 Day Notice for other Lease Violations.

 

Serving the Notice to Cure or Quit

There are 2 ways to serve the Notice to Cure or Quit. The first way is to hand deliver the notice to the tenant, or to a resident that is at least 18 years old, and get that person to sign a copy of the notice confirming receipt.

The second way is less confrontational. To serve the notice the second way, the landlord must post the notice on the tenants door, AND mail the tenant a copy by certified mail AND regular mail. The landlord must save the certified mail receipt from the post office. When done this way, the tenant is deemed to be “served” four days after the letters are postmarked (so the 3 or 7 day notice period begins 4 days after the postmark).

 

Forcible Entry and Detainer

After the Iowa Notice to Cure or Quit has been served on the tenant, and the tenant has not left the premises or cured the problem by the end of the notice period, the landlord must file a case called a “Forcible Entry and Detainer.” The landlord should go to the Clerk of the Court in the County where the property is located, and ask for a Forcible Entry and Detainer notice to be served on the tenant. It is best to have the Sheriff’s Office serve this notice. The notice will set a court date for the landlord and tenant to appear in front of a judge. If the tenant does not show, the landlord will win automatically. If the tenant does show up, the judge will look at all the evidence and make a decision. It is very important that the landlord bring all evidence to prove their case, including copies of the notices, the lease, photographs, etc.

 

Writ of Possession

If the judge rules in favor of the landlord, and the tenant still does not vacate the premises, it is time to get a “Writ of Possession.” The landlord must request this from the Court Clerk, who will then send a copy to the Sheriff’s Office. The sheriff will give notice to the tenant, and will set a time to physically remove the tenant. Usually a tenant will leave before this happens. If they do not, on the day of the physical eviction, the sheriff will go to the property to “keep the peace.” The landlord must provide the manpower to remove the tenants belongings.

 

What’s the deal with evictions in Iowa?

Nobody ever said it’s easy being a landlord. Sometimes, it might feel like you’re up to your knees in — well, you know. Hopefully, the reality is that you aren’t up to your knees in “it,” but one landlord in Albia found himself in this exact predicament, literally, when his tenants repeatedly complained of sewage backing up and flooding the basement of the house they were renting.

Apparently, the landlord’s remedy wasn’t enough, so they decided to withhold rent payments until the drains were properly fixed. When no repairs or changes were made, the tenants paid the city to inspect the building, which didn’t end well for the landlord.

While the tenants were technically in the right because this type of maintenance is the landlord’s responsibility, and the city found that the property was in violation of several health and safety codes, ultimately the landlord was able to successfully evict the tenants from the property. How? Well, the tenants never informed him (in writing) that they’d be withholding their rent.

While you’d likely hold your property and practices to a higher standard than the previously mentioned landlord, but there may still come a time when you will have to evict a tenant from your property. In such a case, there will likely be some gray area to work through. Read on to learn more about the process, limits, and legal requirements of evictions.

 

 

What are some reasons I can evict a tenant?

In Iowa, there are several reasonable examples of when you can evict a tenant:

• Unpaid rent (without prior written notice of reasons to withhold)
• Lease violation
• Tenant has created, or invited a guest to create, a “clear and present danger”

The first two reasons are pretty straightforward, but what defines “clear and present danger” (and we’re not talking about the 1994 Harrison Ford blockbuster)? Simply put, a clear and present danger is any act or condition that puts neighbors, the landlord, or any employees in some sort of danger. This may include the threat or act of physical violence, illegal possession or use of a firearm, or possession of illegal drugs.

 

Are there situations in which I cannot evict a tenant?

As it relates to the case mentioned in our introduction, the tenants in Albia wouldn’t have been evicted had they paid closer attention to the law when they refused to pay their rent. That is to say that tenants cannot be evicted as a form of retaliation. In other words, evictions may be illegal in the following situations:

• If a tenant has complained to the landlord about unsafe or illegal living conditions
• If a tenant  has complained to state or city health or building inspectors
• If a tenant, or tenants, who have joined or formed a tenants’ union

It is ultimately the responsibility of the landlord to maintain a safe and structurally sound property, and to provide burden of proof that any evictions are not based on that. In Albia, for example, while the tenants would have otherwise had the law on their side because the landlord failed to produce safe and sanitary living conditions, they failed to properly inform the landlord that they would be withholding rent until the sewage problem was corrected. Then, it was not a matter of retaliation because the landlord could legally evict them for non-payment of rent.

 

What is the process normally like?

Before we take a look at the legal proceedings for removing a tenant from a property, it’s important to remember that court cases cost valuable time and money. If possible, try to find a way to settle out of court. If that’s not an option, then this is what you can expect from an eviction case.

Before we proceed, please note that so-called “self-help” evictions (i.e. changing the locks on their tenants) are illegal. In order to legally evict a tenant, you must carefully follow Iowa property laws, by filing and serving relevant notices to the tenants regarding their tenancy.

1. Give the tenant a written notice or warning. Depending on the offense, there are several appropriate notices to serve the tenant, including: as they relate to  reasons to evict stated earlier:
   • 3-day notice for non-payment of rent and “clear and present danger”
   • 7-day notice for lease violation or termination
   • 30-day termination notice
2. Waive the notice if the tenant has cured the lease violation or paid back due rent within the notice period. If the problem occurs again within  6-months of the initial notice, the landlord may issue a 7-day termination notice. If the violation occurs outside of 6 months,  a new notice may be issued.
3. To proceed with an eviction, notify the tenant no fewer than three days before the hearing date that the case will be taken to small claims court. The case will be postponed otherwise. The notice can be served by hand, certified mail, or by posting the notice to their door.
4. Both the landlord and tenant will have the opportunity to present their case in front of a judge. It’s always a good idea to have a lawyer representing your case, because the strength of it isn’t necessarily determined by serving tenants with the correct notice. Most of it depends on the facts presented.
5. In the event that you win your case, the judge may order the tenants to vacate the property immediately, but that is uncommon. More often than not, tenants are given a few days to gather their belongings before they move out. The grace period may depend on the availability of the sheriff, who will oversee the removal of the tenant and their belongings.
6. Should the judge rule in favor of the tenant, and once the request to evict has been dismissed, the landlord may file a new eviction case once they have served the proper notice again.

 

Where can I learn more?

If you have any questions, or think you may want to start the eviction process with a tenant in Iowa, please consult a lawyer.