Outline of the Eviction Process in Iowa

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Iowa Code § 562A.1 to § 562A.37 (Uniform Residential Landlord and Tenant Act); § 648.1 to § 648.23 (Forcible Entry and Detainer).

2. Notice to Quit

• Written notice served:
  • Non-payment: 3-day notice to pay or vacate.
  • Lease violation: 7-day notice to cure or vacate (if curable); 3-day for non-curable.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity or holdover: 3-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 3 days) or fixing violation (within 7 days).

3. Filing the Eviction Case

• File Petition for Forcible Entry and Detainer (Form 3A or 3B) in District Court (Small Claims for rent under $6,500).
• Documents: Petition, Notice to Quit, lease, proof of service.
• Fee: ~$95–$185 (varies by county).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 3 days before hearing.
• Methods: Personal delivery, left with resident (age 18+), or posted and mailed.
• Tenant must appear or file answer by hearing date.

5. Court Hearing

• Held 7–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 3 days (requires bond).
• Writ issued: ~3–7 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Iowa Code § 648.22.

8. Tenant Protections

• Rights:
  • Cure violations (3 days for rent, 7 days for lease issues), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties up to 2 months’ rent).
• Resources:
  • Iowa Legal Aid (800-532-1275), iowalegalaid.org, iowacourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. County practices may vary.
• Sources: Iowa Code § 562A.1 to § 562A.37, § 648.1 to § 648.23; iowacourts.gov; iowalegalaid.org.