If that happens, the landlord may give a different notice, and try again. If a landlord files an eviction without giving proper notice to the tenant, the court is likely to throw out the case at the hearing. Landlords nearly always have to give a tenant a written notice before filing an eviction case. Notices Required Before Landlords File Eviction Cases In Court The tenant has not moved out (or is "holding over") after a lease ended.The tenant created (or allowed a guest to create) a "clear and present danger".The tenant broke (or "violated") the lease.Some sheriffs will post a courtesy notice that tells tenants when they are coming but it is not required.Īlmost all evictions are based on one of three "grounds" (allegations). If the judge decides the tenant will be evicted, the sheriff’s deputy will come and either move the tenant out, or supervise someone paid to move the tenant out. That means the tenants would be able to stay. If the landlord does not give the right notice, the court may dismiss the case. The landlord and the tenant can tell the judge their side of the story. A landlord must prove the right to take back the rented property from the tenants. A landlord must follow very specific steps. The court procedure to evict a tenant is called a "forcible entry and detainer." It is more commonly called an eviction. A landlord cannot throw tenants or their personal property out without getting a court order first. A landlord cannot shut off the utilities. The landlord must get a court order telling the tenants to move out. The Law Does Not Allow "Self-help" Evictions This article takes a look at eviction law in Iowa. Still, most of the basic rules and steps parties must follow are fairly simple. Like other legal topics, issues in landlord-tenant law can be complicated. Many people don't know what to do when their landlords threaten to evict them.
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