Iowa Apartment Association
dba IaRPOA

       There are six serious notices which housing providers can personally serve to tenants.  We call them "Serious Notices" because these are not simply used for correspondence, as each one can lead to legal action.  They must be served on a tenant in a very serious manner (1).  They are not filed (yet) with the court, at the time they are served, though because they may lead to a lawsuit -- usually in small claims court -- a magistrate will need to make sure everything was done properly with the completion of the form, the timing of the notice, the date the Original Notice with the court is filed, and the actual method of service.  Ultimately, these notices will be posted to the "efile", typically as an "Other Event",  and they are a PRIME TARGET for opposing counsel or the magistrate to get your case dismissed.   

     If not completed properly, magistrates will use this as a reason to claim, "I don't have jurisdiction to hear the case".   See the audio file under "Forms Library - Legal Service" for an actual court case which is being dismissed because the notices where not properly served.      

3-Day Notice to Pay Unpaid Rent 
       (a/k/a 3-Day Notice to Cure or                 Quit)
Iowa Code § 562A.27(2) and § 648.4 Form B-308
7-Day Notice to Cure Default (Breach of Lease) Iowa Code § 562A.27(1) Form B-310
7-Day Notice to Vacate (No Cure Available) Iowa Code § 562A.27(1) Form B-311
3-Day Notice to Quit  Iowa Code §648.3  Form B-317
3-Day Notice to Quit (Holdover Tenant) Iowa Code §648.1(2) Form B-318
3-Day Notice -- Clear and Present Danger Iowa Code § 562A.27A Form B-326
30-Day Notice of Termination of Tenancy Iowa Code § 562A.34(3) Form B-312
Iowa Legal Aid provides an excellent overview of the use of several of these forms here

When using any of the above forms, if YOU serve it personally (or an employee), you should complete an "Affidavit of Personal Service OR Posting & Mailing"  which is in our Forms Library - Legal Service -- Form B-320 -- if you cannot get the recipient to acknowledge receipt including the date they sign the form.    

(1).  In Iowa, a "serious notice" can be served by an interested party -- for our purposes, a Landlord, Property Manager, maintenance employee, or even a friend -- OR  you may hire a Legal Process Server (LPS/PS) to sign any of the above.   In Iowa, while service by a PS is not mandatory for non-court filed forms, industry best practice is to use the method which will get their attention as this is a serious issue which could lead to an eviction.  

Iowa Code §648, FORCIBLE ENTRY AND DETAINER




Contact Us

Iowa Apartment Association

1819 Beaver Ave Unit 30146
Des Moines, IA 50310-3815
(515) 274-0300

An Independent REIA Powered by:

Follow Us


Privacy and Security Policies

Your email will never be shared or sold to other members, vendors or any other third party without your consent.

Disclaimer

www.IaREIA.org  (Iowa Apartment Association) does not give legal, tax, economic, or investment advice. IaREIA disclaims all liability for the action or inaction taken or not taken as a result of communications from or to its members, officers, directors, employees and contractors. Each person should consult their own counsel, accountant and other advisors as to legal, tax, economic, investment, and related matters concerning Real Estate and other investments.   

Copyright 2024 © Iowa Apartment Association  All rights reserved.

This REIA Website is powered by: Real Estate Promo.