Re: 30 day termination - Landlord Forum thread 360118

Re: 30 day termination by Garry on January 4, 2020 @22:45

I am also a LL in Iowa. Your tenant is correct. Ia law says a T must sign a copy of the 30 day notice on the day you delivered it. The T also needs to state the date they received it, not just simply sign their name and no other words. Your notice is worthless now, and would be dismissed by a judge if you try to evict them in Feb.

Has your T paid Jan. rent yet? If not, give her a 3 day notice to pay it on Monday. Ia law says if you cannot get a T to sign for either a 3 day notice to pay or quit, OR a 30 day notice of termination, you can properly serve them in another way :

First,you must post the notice on their front door, or hand a copy to them if they come to the door. THEN, you must ALSO send the notice by both regular and certified mail the same day you post it. You MUST wait 4 actual mailing days for that notice to be delivered by the cert mail. (so Sundays and holidays don't count in the 4 days) THEN, your 3 days, or your 30 days start. You are safe if you do your mailing of the 30 day notice by the 15th to the 20th of any month.

So, right now, make out another 30 day notice next week, and give them til Feb.29 to be out. Post and mail as I said, and you will be legal. On any month that you need to give out a 3 day notice, start this process by the 7th. On the 3 day notice, DO NOT include any late fees, even if they owe them---ONLY the actual rent. The amount must be for the current month only, and you must file your FE+D in the court system, before the end of that month.

If you want a booklet about all the Ia LL/T laws, call or go to the closest Iowa Legal Aid office, and pay $20 for the booklet. It's the BEST LL/T law booklet I've found in the state.

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Re: 30 day termination by Ellie on January 5, 2020 @00:16	[ Reply ]

Thanks for responding Gary, I will do next week 30 day notice for February,she is good for January section 8 paid but next month section 8 will only pay a portion. Can I still do 3 day notice for a portion is like half rent?

Re: 30 day termination by Garry on January 5, 2020 @09:13	[ Reply ]

Yes, you can give a 3 day notice to the T to pay whatever amount they owe, even if the amount is only $20. If the T is on Sec 8, you must also send a copy of any notice you give the T, to Sec 8. Has the T been on Sec 8 for more than a year, and the lease with Sec 8 is now on a M2M ? You cannot give a 30 day notice to terminate the lease, if the T is somewhere in the middle of the Sec 8 lease------only at the end of the 1 year lease with Sec 8 can you do that. Sec 8 signs leases for 1 year for the first year only, then they all go M2M after that. By the way, whatever amount you put down on the 3 day notice, you must accept that amount at any time before you actually file for the FE+D. But you should only accept cash or money order, and for the FULL amount only. If they owe you, say, $300, and you accept $100, to get the other $200, you have to start ALL OVER AGAIN with a new 3 day notice to pay the $200. And by then, timing wise, it may be TOO LATE to be able to file an FE+D before the end of the month. Always accept ONLY the FULL amount of whats on the 3 day notice., never only a portion of it.

Re: 30 day termination by Ellie on January 5, 2020 @17:52	[ Reply ]

I will do that. She is month to month now, Do I need to send her a letter we are canceling the first letter or justvsend her a proper 2nd letter for Feb 29? Do you recommend those companies that serve? Thanks for your advice

Re: 30 day termination