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We have asked the tenants in our Iowa rental house to move…

Customer Question
We have asked the...

We have asked the tenants in our Iowa rental house to move out after failing to pay rent for several months. We have a verbal agreement of $1000 cash and $600 labor to do house repairs per month. No cash rent has been paid or repair work done in four months. We have new tenants that would like to move in on 08/21/2017. Is there a way to get the current tenants out quickly?

Lawyer's Assistant: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?

This is an oral agreement.

Lawyer's Assistant: Has anything been filed or reported?

Not yet.

Submitted: 11 months ago.Category: Landlord-Tenant
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8/2/2017
Lawyer: LandlordTenantAnswer, Attorney replied 11 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,390
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Lawyer: LandlordTenantAnswer, Attorney replied 11 months ago

You can try and speak with them and make a deal. You can demand they vacate and in exchange, consider waiting or reducing the money which they owe you. This may motivate them to move or else you not only can evict but sue for damages suffered. If the tenant does not pay rent when it is due, the landlord can give the tenant a three-day notice to pay rent. This notice must inform the tenant that if the tenant does not pay rent within three days, then the lease agreement will terminate and the landlord will begin eviction proceedings against the tenant (see Iowa Code Ann. § 562A.27(2)).

The three-day notice must be written, and it should include the following information:

  • date the notice was served on the tenant(s)
  • name(s) and address of the tenant(s)
  • the total amount of rent due and owing
  • a statement that the tenant owes rent and must pay it within three days or the lease agreement will terminate and the landlord will file an eviction lawsuit with the court, and
  • a certificate of service specifying how the demand was given to the tenant.

The Scott County Sheriff’s Department provides a sample three-day notice online.

http://www.scottcountyiowa.net/sheriff/pub/eviction/Notice_to_Cure_or_Quit.pdf

A landlord has two options when serving a three-day notice in Iowa. The first option is for the landlord, or the landlord’s agent, to personally give the notice to the tenant. If the tenant cannot be found, then the landlord’s second option is to mail the notice to the tenant through certified mail (see Iowa Code Ann. § 562A.29A).

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