Guidelines for Iowa
Residential Eviction
Non-Payment of Rent
Please
note: This information and forms are applicable for residential
evictions only
Section 648.3, Code of Iowa
RHOL includes the many of the basic
forms necessary for evictions for non-payment of rent. However, most judges
prefer to see the forms provided by their court clerk because they don't
have to read the whole thing; they can just look at what has been filled in
the blanks. This short summary of the legal procedure is targeted toward
regaining possession of your property.
It briefly touches on suits for the payment or recovery of back rent and
damages owed to you.
Step 1. Notice: Send the tenant(s) a notice of nonpayment of
rent or a notice to quit.
Step 2. Court Date: The landlord should go to the Clerk of
Court for Forcible Entry and Detainer notice forms. This notice may be
served on the tenant by a Sheriff or by mailing. The notice must include the
reason for the eviction, the date of the scheduled eviction hearing, and the
signature of the landlord, or the landlord's attorney. The hearing will
usually take place within seven days of the time the landlord filed the
eviction notice.
Back rent and damages
In addition to evicting the tenant, the landlord may sue the tenant for
unpaid rent or damage. Generally the date and time of the eviction hearing
is set up automatically. The date and time will be on the Original Notice.
The hearing that is for the action of back rent or damages, is not
automatically set up. The tenant must fill in a form and return it to the
Clerk of Court. This form is usually included with all of the other
papers. The tenant has twenty days to return this form and if they don't,
they automatically lose. If the tenant does return the form, a hearing
will be set up later.
Step 3. Eviction Hearing: The tenant must appear in court on the
date stated or the tenant automatically loses. The landlord also loses if
they don't show up. After hearing both sides of the story, the judge can
rule for either party. If they rule for the landlord , an Order of
Removal will be issued, and the landlord will receive a Writ of
Removal.
If the tenant is not out by the date and time ordered, the Sheriff's
office will remove the tenant and the tenant's property.
Unless the court rules otherwise, tenants who lose at the hearing could
be evicted within one day. They could ask the court to order that they be
allowed to stay a few days after the judgment, as long as they are out
within three days. The judge is not obliged to allow them this time.
If the tenant wins, he or she can remain a tenant and the landlord may
even have to pay the tenant any money the court finds is owed to the tenant.
Forms:
Iowa Non Payment of Rent Word
Iowa Non Payment of Rent
PDF
Iowa Non Payment of Rent Word
Iowa Non Payment of Rent
PDF
Iowa Checklist.pdf