Evictions Iowa
Iowa Evictions

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FILING AN EVICTION - Iowa Iowa Landlord Tenant Guide

1. Notice for Non-Payment of Rent  - If rent is not paid when due, the landlord must deliver a "NOTICE TO CURE OR QUIT" (Three-Day Notice form) to the tenant. This notice must state that the rent is due but unpaid, and the landlord intends to terminate the Rental Agreement in three (3) days if the rent is not paid.

2. Notice to Terminate Tenancy for Any Other Reasons - If the landlord wishes to terminate tenancy for any other reason and is not familiar with applicable landlord tenant laws, THEY SHOULD SEEK LEGAL ADVICE.

3. Forcible Entry & Detainer - All notices to terminate must be followed up by serving a FORCIBLE ENTRY NOTICE which is obtained from the local Clerk of Court. This sets a court date for the landlord and the tenant to appear in court. The landlord will be requesting an immediate eviction. The landlord must have all copies of previous notices in the court file to have them available to present at court. IF THE PLACE OF SERVICE HAS A LOCKED SECURITY DOOR, THE SHERIFF WILL NEED A KEY TO MAKE SERVICE.


4. Writ of Possession - When the Clerk of Court receives a ruling on a Forcible Entry & Detainer action in your favor, you will need to request that the Clerk issue a Writ of Possession to the Sheriff. IT WILL NOT BE DONE AUTOMATICALLY.

The Sheriff's Office will be delivering a copy of the Writ along with a posting order stating the date of the eviction to the address of the defendant. We require that this be done at least some time during the day before the eviction. It is not necessary to serve this order on the defendant, as they will post it on the door if no one is available.

The day of the eviction, the sheriff will expect the plaintiff or his agent to check the location to see it the defendant has vacated voluntarily. Please call your local Sheriff's office to either confirm or cancel the eviction. 
 If you discover that the defendant has vacated prior to the eviction date, let your local Sheriff know.

If the defendant vacates voluntarily, it is up to the plaintiff to decide if they want to have our office stand by while any remaining property is removed. If the eviction procedure is canceled, the plaintiff accepts any liability for property left behind.


Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney. ADDITIONAL RULES MAY APPLY IN YOUR JURISDICTION. FIND AN IOWA EVICTION LAWYER

Iowa Evictions

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