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Re: excessive noise - Landlord Forum thread 351748

Re: excessive noise by Katiekate (New York ) on April 20, 2017 @20:22

                              
Well...first, you really should read the Iowa landlord/tenant laws for yourself. I worry about a landlord that begins with "I heard about...". Really...you should read it for yourself. There is a link in this page...over on the right hand side..."landlord/tenant law". Follow the link to Iowa laws

Ok...basically, it says that you can terminate the rental agreement with 7 days written notice...BUT, you have to give the tenant those 7 days to remedy the situation. This is commonly referred to in the business as. "Cure or quit". Meaning..tenant must fix it or move.

If tenant fails to fix it...your recourse is to then go file in court to seek a court order for eviction . You cannot just force them out or change locks or anything like that. You file the appropriate papers (and pay) seeking a "writ of possession". Meaning, you ask the court to evict the tenant.

This is a fairly exact process. The 7 day notice must be in writing. It must state clearing that it is the required 7 day notice set forth in Iowa law, and it must clearly state what the tenant has done, and what the tenant must do to remedy. Usually it must be both mailed to the tenant and delivered. If the tenant is not available to accept hand delivery, then it can be posted to the door. (Called "nail and mail"). Whoever does this in person hand delivery is usually required to then file a "writ of service" noterized, with the court.

But..most importantly, you need to understand this is a legal process. One you should not embark upon if you do not have every intention to follow through even to court if you must. My experience is that you should not threaten a tenant with legal action and not follow through....you will completely undercut your own credibility... which will make your life a lot tougher.

No..back to the issue of noise, Excessive noise is a very subjective thing, unless this tenant is violating a noise ordinance, it could be hard to convince a judge of this. Make sure you can really defend this claim before starting this. It is almost always a better idea to talk with the tenant and come to an understanding. Legal process and judges are never a sure thing, and never lead to congenial relationships.
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