Iowa Eviction Process: The 3-Day Notice to Pay, a Hearing Within 8 Days, and a 20-Day Appeal

In Iowa, an eviction is a court case called forcible entry and detainer [5]. Before filing, the landlord has to give the right written notice: three days to pay overdue rent [1], seven days to fix most other lease violations [1], or 30 days to end a month-to-month tenancy [4]. Once the case is filed, the court sets a hearing within eight days [5].

Step 1: The notice

Unpaid rent. If rent isn’t paid when due, the landlord can give a written notice that the lease will end if the rent isn’t paid within three days [1]. If the tenant doesn’t pay, the landlord can end the lease [1] and file without giving a separate three-day notice to quit [2].

Other violations. For a material breach of the lease, or a problem that materially affects health and safety, the notice has to say what the tenant did wrong and give at least seven days to fix it [1]. If the tenant fixes it in time, the lease doesn’t end [1]. If substantially the same problem happens again within six months, the landlord can end the lease on at least seven days’ written notice without another chance to cure [1].

Danger to others. For a tenant who creates a clear and present danger to other tenants, the landlord or people within 1,000 feet of the property, such as a physical assault, illegal use of a weapon or possession of an illegal controlled substance, the landlord can give a single three-day notice and file [3]. There are protections for a tenant when someone else caused the danger and the tenant took steps against that person, such as seeking a protective order [3].

No-fault endings. Either side can end a month-to-month tenancy with written notice at least 30 days before the rental date named in the notice, or a week-to-week tenancy with at least 10 days’ notice [4].

How notices are delivered

A notice to quit can be served by personal delivery acknowledged by an adult resident, by personal service under the court rules, or by posting it on the main entrance door and mailing it by both regular and certified mail [2]. Notice by mail counts as complete four days after it’s mailed [2].

Step 2: The court case

The landlord files in the county where the rental is located [5]. Eviction cases can be brought in small claims court [12]. The court sets the hearing date no later than eight days after filing, or up to fifteen days if the landlord asks for or agrees to a later date [5].

The tenant has to be served with the court papers at least three days before the hearing [5]. If service is made by posting and mailing, the landlord must first have tried twice to serve another way [5]. If the hearing is less than three days after service, the court has to tell the tenant they have a right to a continuance and grant one if asked [5]. A default judgment can’t be entered if the tenant wasn’t properly served [5].

A repair defense for unpaid rent

In a case based on unpaid rent, a tenant has a defense if all of these are true [1]:

• The landlord didn’t meet the lease or the landlord’s legal duties to maintain the unit.
• The tenant told the landlord, at least seven days before rent was due, that they planned to fix the problem at the landlord’s expense.
• The reasonable repair cost was no more than one month’s rent.
• The tenant had the repair done in good faith before getting the landlord’s notice for nonpayment.

The repair cost is then subtracted from the rent the landlord claims [1].

Step 3: Judgment and removal

If the landlord wins, the judgment orders the tenant removed and the landlord put back in possession, and an execution issues for the tenant’s removal within three days from the judgment [6]. The execution also directs the officer to collect the court costs [6].

To appeal a judgment from small claims, a party gives oral notice at the end of the hearing or files a written notice of appeal within 20 days after judgment, and pays the district court docket fee within that time [7]. Filing an appeal doesn’t stop the judgment on its own: execution is stayed only when an appeal bond approved by the clerk is filed [7].

What landlords can’t do

• No lockouts or utility shutoffs. If a landlord unlawfully removes or excludes a tenant, or willfully interrupts electricity, gas, water or another essential service, the tenant can recover possession or end the lease, and recover actual damages, punitive damages up to twice the monthly rent, and reasonable attorney fees [8].
• No retaliation. A landlord can’t raise the rent, cut services, or file or threaten an eviction because a tenant complained to a housing code agency, complained to the landlord about required repairs, or joined a tenants’ union [9]. A good-faith complaint within one year before the landlord’s action creates a presumption of retaliation [9]. That protection doesn’t apply if the tenant is behind on rent [9].

Deposits and late fees

• Security deposit: no more than two months’ rent [10]. The landlord has 30 days after the tenancy ends and the tenant gives a forwarding address to return it or explain in writing what was kept and why [10]. A landlord who misses that deadline loses the right to keep any of it [10].
• Late fees: if rent is $700 a month or less, no more than $12 a day or $60 a month; above $700, no more than $20 a day or $100 a month [11].

Where to get help

• Legal aid: free legal help may be available if your income qualifies.
• A landlord-tenant attorney: worth a call to review your notice and your defenses before the hearing.