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Evictions in Polk County by Becky Goettsch Magistrate

This article provides information on eviction procedures for non-payment of rent in Polk County, Iowa. It covers the necessary notices, proper service requirements, the waiting period before filing a lawsuit, and other important details. Information on habitability issues, non-compliance with lease, termination of tenancy, and mediation options is also included.

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Evictions in Polk County by Becky Goettsch Magistrate

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  1. Evictions in Polk Countyby Becky GoettschMagistrate

  2. Non-payment of rent • Iowa Code 562A.27 • Three day notice to cure or lease terminates. No separate notice required after that. • Must contain: Proper amount due

  3. What is the proper amount? XXXX

  4. What is the proper amount?

  5. What is the proper amount?

  6. What is the proper amount?

  7. 30 days peaceable possession Iowa Code 648.18 “Thirty days peaceable possession with the knowledge of the plaintiff after the cause of action accrues is a bar to this proceeding.” See GF Spataro v. Battani, 139 N.W.2d 396 but see Garrison v. Fetters, 383 N.W.2d 550

  8. Non-payment of rent • Iowa Code 562A.27 • Three day notice to cure or lease terminates. No separate notice required after that. • Must contain: Proper amount due or no amount Cure language Termination language • Must have proper service

  9. What is proper service? • Service of notice is one of three ways:A. Personal service by the process serverB Acknowledgement of receipt by the tenant or someone who lives there who is over 18.C. Mailing and Posting. Must be POSTED, SENT CERTIFIED MAIL AND REGULAR MAIL. • Iowa Code 562A.29A • Iowa Code 648.3

  10. Court does not have jurisdiction without a proper three day notice with proper service. Even if it’s a default, make sure these are on file: 1. 3 Day Notice 2. Proof of service – all three things 3. Proof of service of the FED

  11. Court does not have jurisdiction until the cure period has expired. Three days have passed, not including the date its served. Served on 5th, do not file FED until 6th, 7th 8th have passed. File on the 9th.

  12. Tenant is Served

  13. Court does not have jurisdiction until the cure period has expired. Three days have passed, not including the date its served. Served on 5th, do not file FED until 6th, 7th 8th have passed. File on the 9th Three day cure will not start until after 4 day waiting period if served by posting. Post and mail on 5th, service not complete until 6th, 7th 8th and 9th have passed. Three day is the 10th 11th and 12th – file FED on 13th.

  14. Tenant is Served

  15. Once the cure period expires File FED Serve FED Same types of service as service for Notices EXCEPT: Must attempt personal service 2 times before service by posting. Make sure your return of service is online

  16. What if I screwed up? Can I ask the Court to reconsider? Generally: If Magistrate missed it, yes If you missed it, no Barnes Beauty College v. McCoy, 279 N.W.2d 258

  17. The FED Hearing Hearing must be held within 7 days of filing the FED. 15 days if the plaintiff approves. Iowa Code 648.5

  18. Special notes re: non-payment • Partial payment • Rental certificates: no certificate, no rent • Karaidos v. Mueller, No. CL-87079 (5th D. 2001)

  19. Habitability • It tenant refuses to pay rent due to habitability: • a) if they give written notice of exact nature of violation and if not fixed in 7 days, the tenant will make the repairs at the landlord's expense. • b) Then tenant can deduct repairs from rent. • C) May not exceed one month's rent • Remedy is not available if 3 day notice was already given. • See 562A.27 • If the habitability issue is an "essential service" such as water, hot water, heat or electricity, there is no 7 day cure period. See Iowa Code 562A.23 • As a defense to an eviction, the Court has the discretion to order the tenant to pay the disputed rent to the Court until the counterclaim for diminution in value or repair and deduct remedy is resolved. Iowa Code 562A.24. • KEY: The tenant is never entitled to withhold the rent. The repairs must be made and the actual cost deducted from the rent.

  20. Clear and Present Danger • Iowa Code 562A.27A • Assault, firearms, threats, drugs, “other dangerous activities” • Three day notice to quit • Must contain; • Reason for termination • It is immediate, no cure • 3 days to get out • Defenses • Must have proper service • Be prepared to prove it up

  21. Notice of non-compliance with lease (breaking the rules) • Iowa Code 562A.27 • Seven day notice to cure • Must contain: • Exact violation • Date and time of violation • Notice that you have 7 days to cure it or lease terminates • Probation period • Must have proper service • If its not cured, must serve with a 3 notice to quit • Be prepared to prove it up

  22. Termination of Tenancy for No Cause (Non-renewal) • Iowa Code 562A.34 • Thirty day notice. (30 days from the end of the term) • Must have proper service • Must follow it up with a 3 notice to quit • Can be for any reason but not discriminatory

  23. Those with no rights/less rights • Squatters • Commercial tenancy – make sure you tell us.

  24. Mediation • Mediation is possible for back rent only or stipulation to vacant • Key to keep an eviction off their credit record • Give additional time to move or reduce the amount of homelessness.

  25. lanilekkas@hotmail.com

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