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filing for eviction
by mmm76 (IA)
on May 23, 2012 @22:41
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i served my T 3 days to pay or quit. Their time was up 3 days ago. Can I still go file for eviction? Is there a set amount of time to do this?
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Re: filing for eviction
by Bryan (Ia)
on May 23, 2012 @23:21
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Have they left? If not, file for FED (Forcible Entry and Detainer - the legal term for eviction). Have the Sheriff, or police - depending on your location, serve the notice of the court proceeding. If they have left, they have exercised the "quit" option you gave them and you need not evict.
Be aware, in Iowa when you get your setout date, the Sheriff will not set them out, but is only there to keep the peace. You must provide all the manpower to remove their contents from the property and set it on the curb. You have no further responsibility for their belongs after that. Change all the locks immediately.
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Re: filing for eviction
by Mark
on May 23, 2012 @23:52
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If the tenant fails to comply with the Three Day Notice, the landlord must file an Original Notice for Forcible Entry and Detainer (FED or Eviction). This second notice must be filed at the Small Claims Court Office. The Original Notice will inform the tenant of the time and date of the court hearing. Both notices should be served to the tenant in person by a disinterested third party, such as the sheriff's office.
At the court hearing the judge will listen to both sides of the case. The judge will then decide if the landlord has the right to regain possession of the rental unit. If the case is decided in the tenant's favor, the case will be dismissed and the tenant will be able to remain in the unit. If the case is decided in the landlord's favor, the court will issue an Order for Removal, which states the time and date the tenant must be out of the unit. If the tenant fails to be out by that time, the landlord may obtain a Writ of Removal from the Small Claims Court Office. This writ will enable the landlord to move the tenant's possessions on to the curb. The Sheriff's office must be present to supervise while the landlord does this.
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