Question 1

Does Iowa use a 10-day eviction notice?

Accepted Answer

No. Iowa uses a 3-day notice for non-payment of rent and a 7-day notice for material lease violations under Iowa Code Chapter 562A (the Uniform Residential Landlord and Tenant Act). There is no statutory 10-day notice in Iowa. Under section 562A.27(1), non-payment requires only 3 days notice. Under section 562A.27(2), material noncompliance with the rental agreement requires a 7-day notice to cure. A 10-day notice would only be relevant if the lease contractually requires a longer period.

Question 2

How does Iowa's 3-day non-payment notice work?

Accepted Answer

Under Iowa Code section 562A.27(1), if a tenant fails to pay rent, the landlord serves a 3-day notice to pay or quit. The tenant has 3 days to pay the full amount of rent owed. If the tenant pays within 3 days, the eviction cannot proceed. Iowa law requires the notice to state the specific amount due. After the 3-day period expires without payment, the landlord files a Forcible Entry and Detainer (FED) action in Iowa District Court. The notice must be in writing and properly served.

Question 3

How does Iowa's 7-day notice for lease violations work?

Accepted Answer

Under Iowa Code section 562A.27(2), when a tenant commits a material noncompliance with the lease (other than non-payment), the landlord serves a 7-day notice. The tenant has 7 days to cure the violation. If the same violation recurs within 6 months of the original notice, the landlord can serve a subsequent notice giving only 7 days to vacate with no opportunity to cure. This repeat violation provision is similar to URLTA states but with Iowa's specific 7-day timeframe.

Question 4

Where do I file an eviction case in Iowa?

Accepted Answer

Eviction cases in Iowa are filed as Forcible Entry and Detainer (FED) actions in the Iowa District Court for the county where the property is located. Iowa has 99 counties organized into 8 judicial districts. Polk County (Des Moines) handles the highest volume of eviction filings, followed by Linn County (Cedar Rapids), Scott County (Davenport), and Black Hawk County (Waterloo). The filing fee for a FED action is approximately $95. Iowa courts use an expedited process for FED cases, with hearings typically scheduled within 8 to 15 days.

Question 5

Does Des Moines have additional eviction protections?

Accepted Answer

Des Moines and Polk County follow Iowa state law for eviction procedures. Iowa has enacted a state preemption law (Iowa Code section 364.3(12)) that prevents cities from enacting residential tenant protections beyond state law, including rent control, eviction notice requirements, or source-of-income discrimination protections. This means Des Moines, Cedar Rapids, Iowa City, and other municipalities cannot impose additional notice requirements. Iowa City, which has a large student rental population, has advocated for local protections but is limited by the preemption statute.

Question 6

Can an Iowa tenant raise a habitability defense against eviction?

Accepted Answer

Yes, but with limitations. Iowa Code section 562A.15 requires landlords to maintain the premises in a habitable condition. If the landlord fails to do so, the tenant can raise habitability as a defense in the FED proceeding. However, Iowa's 2017 legislative changes limited some tenant remedies. Iowa courts still recognize the habitability defense but may not allow the tenant to withhold rent entirely. The tenant can also file a separate action for damages or use the rent escrow provisions under section 562A.21.

Question 7

What happens in Iowa FED court after the notice period expires?

Accepted Answer

After the notice period (3 or 7 days) expires, the landlord files the FED action in District Court ($95 filing fee). The court schedules a hearing within 8 to 15 days. The tenant receives a notice of hearing. At the hearing, both parties present evidence. If the landlord prevails, the court enters a judgment for possession. A writ of removal is issued, and the sheriff enforces it, typically within 3 to 7 days. Total uncontested timeline: 2 to 4 weeks from initial notice. Contested: 4 to 6 weeks.

Question 8

Does Iowa allow a landlord to recover attorney fees in eviction cases?

Accepted Answer

Iowa Code section 562A.27(4) allows the prevailing party in a FED action to recover reasonable attorney fees and court costs. This means both landlords and tenants can potentially recover fees if they win the case. However, many Iowa leases include attorney fee provisions that shift all litigation costs to the losing party. Iowa courts have interpreted this to mean that a tenant who successfully defends against an eviction can also recover attorney fees from the landlord, creating a financial risk for landlords who file without strong grounds.

Situation	Notice Period	Statute
Non-payment of rent	3 days to pay or quit	§562A.27(1)
Material lease violation (first)	7 days to cure	§562A.27(2)
Repeat violation (within 6 months)	7 days unconditional quit	§562A.27(2)
Clear and present danger	3 days unconditional	§562A.27A
Month-to-month termination	30 days	§562A.34

Fee / Cost	Amount
FED Filing Fee	$95
Service of Process (Sheriff)	$30 - $55
Writ of Removal	$20 - $40
Sheriff Enforcement	$50 - $100
Attorney Fees (if hired)	$500 - $1,800

Free Iowa 10-Day Eviction Notice Forms

Iowa Eviction Notice Overview

Iowa's 3-Day and 7-Day Notice System

Iowa Uses 3-Day and 7-Day Notices, Not 10-Day

Iowa Code Chapter 562A Requirements

How to Serve an Eviction Notice in Iowa

Personal Delivery

Substitute Service or Post and Mail

Wait the Notice Period

File FED Action in District Court

Court Hearing

Iowa District Court FED Process

Iowa Filing Fees & Costs

Sample Iowa Eviction Notice

THREE-DAY NOTICE TO PAY OR QUIT

STATE OF IOWA

Iowa Legal Resources

Frequently Asked Questions