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1. Notice for Non-Payment of Rent
If rent is not paid when due, the landlord must deliver a “NOTICE TO CURE OR QUIT” (Three-Day Notice Form) to the tenant. This notice must state that the rent is due but unpaid, and the landlord intends to terminate the Rental Agreement in three (3) days if the rent is not paid.
Notice can be served by a process server or the Henry County Sheriff’s Office. An affidavit of service will be provided to the landlord after completion of service.
Notice to Terminate Tenancy for Any Other Reasons
If the landlord wishes to terminate tenancy for any other reason and is not familiar with applicable landlord tenant laws,
THEY SHOULD SEEK LEGAL ADVICE.
Refer to Iowa Code 648 for more information.
2. Forcible Entry & Detainer
All notice to terminate must be followed up by serving a Forcible Entry & Detainer Notice (FED), which is obtained from the Clerk of Court. This sets a court date for the landlord and the tenant to appear in court. The landlord must have all copies of previous notices in the court file to have them available to present at court. Once the FED is received by the Sheriff’s Office, it will be served within 3 days prior to the hearing.
3. Writ of Possession
When the Clerk of Court receives a ruling on a Forcible Entry & Detainer action in your favor, you will need to request that the Clerk issue a Writ of Possession to the Sheriff. IT WILL NOT BE DONE AUTOMATICALLY. A copy of this will need to be given to the Sheriff’s Office. Once received the civil deputy will contact you to set up a time for the eviction. It is the plaintiff’s responsibility to supply enough manpower to remove the defendant’s possessions.
4. Day of the Eviction
The plaintiff is expected to check the address of the eviction at least one hour before the eviction is to be conducted to see if the defendant has vacated voluntarily and would want to cancel the eviction. If the plaintiff cancels the eviction, the plaintiff accepts any liability for property left behind by the defendant.
The Sheriff’s Office primary function at an eviction is to provide the authority, keep the peace, and direct the procedure.