Re: 3 day notice (1st eviction experience) - Landlord Forum thread 356765

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

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.

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Re: 3 day notice (1st eviction experience) by Anonymous (Iowa) on April 8, 2018 @22:51	[ Reply ]

If he signed, do I also need to send it by regular and certified mail? Yes, we talked about payment plan he will pay in full before April 18, but I don't know if I have to trust him or I have to continue the eviction process

Re: 3 day notice (1st eviction experience) by Garry (Iowa) on April 8, 2018 @23:50	[ Reply ]

No. The state law says that if the T actually signs a copy of the 3 day notice (you gave him a 3 day notice, and you have the signed copy to show a judge), then you do not need to send copies cert and reg mail. His signature and date show that he received it. The 3 days start the day after the date he signed it. However, the 3rd day cannot be a Sunday, or a holiday, so only count actual business days that mail gets delivered. You can file on the 4th day, or later. You talked about a payment plan, but did you get anything in WRITING? Talk is cheap, and not worth the paper its printed on. Call or text him, and tell him you will be filing an FE+D on the 19th of April if he doesn't pay you by the 18th. The law says you have till the last day of the month to file in court, for that SAME month. Essentially, you will be losing about 2 weeks of time, to see if your T is telling you the truth, or is lying to you. If he comes to you with another sob story on the 18th, file the next day, and let a judge decide the case. By the way, if you accept ANY money from him, even if its only $10, and nothing after that,you must give out a NEW 3 day notice, and start the whole process again. ONLY accept the FULL amount when he offers you money, as you have waited til the 18th, and you may not have enough time to do the whole process over again, before May 1.