3 day notice (1st eviction experience) - Landlord Forum thread 356764

3 day notice (1st eviction experience) by Anonymous (Iowa) on April 8, 2018 @17:02

I personally delivered to a tenant 3 day notice to quit for non payment, he signed as received at the bottom of the page, do I need to do separately affidavit of sevice?
He accepted to sign because he wants to set up a payment plan in court. Do I need to accept that?
Please share your experiences

[ Reply ] [ Return to forum ]

Re: 3 day notice (1st eviction experience) by Garry (Iowa) on April 8, 2018 @18:01	[ Reply ]

I'm from Iowa. First, when your T signed the 3 day notice, did you give him ANY indication that you may be open to a payment plan ? If you did, that may be considered by as judge as either coersion, or a bribe on your part to get him to sign. If the T tells the judge that that is the only reason he signed, the judge may very well make out a payment plan, even if you don't want one. Judges already know that only about 2% of Ts that get a 3 day notice, will ever sign one on the spot. So for you to get a signature, is a very rare event. By him signing, you can file your FE+D after the 3 days are up ( the 3 days start the day AFTER the T signed the notice. And you can file on the 4th day.) I always mail the 3 day notice both regular and certified mail, and also hand deliver (or post on the door) a copy. Then I wait the 4 days for the mailing, plus the 3 days, before filing the FE+D. Even if a payment plan is set up, only do it for this one month only. And tell the T, in front of the judge, that you expect the full amount of rent for May, ON TIME, according to the lease.

Re: 3 day notice (1st eviction experience)

Re: 3 day notice (1st eviction experience) by dave on April 8, 2018 @18:49	[ Reply ]

if you want to hold on to this tenant, why don't you ask him what he has in mind for a payment plan, including some reasonable amount for interest and a date certain for back to current. with that written agreement in hand you can probably wait for court if you want to OR go into court now for a date certain marshall's lock-out if tenant defaults on payment plan.