Re: 30 day termination - Landlord Forum thread 360119

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

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?

[ Reply ] [ Return to forum ]

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 by Garry on January 6, 2020 @00:22	[ Reply ]

No, you do not need to send a letter cancelling the first one. Iowa laws say that the LL can serve/post and mail the 3 day notice, and the 30 day notice, as long as you do it correctly, and adhere to the time frames involved. If you wish, you can use a private process server. It will probably cost you about $50, but it is a 3rd, disinterested party, who knows how to serve things properly. At least contact one of them, to get info on how the time frames work. Count at least 9 MAILING days, from the day you mail a 3 day notice, till the day you file the FE+D. Keep copies of everything you send. Everything in the court system is electronic now, so you will need to scan in all your documents, including the receipts from the post office showing the official mailing dates of any 3 day, or 30 day notices. Your lease is the other doc you need to scan in. Once you file a FE+D with the court system, then you MUST use either a private process server, or the Sheriffs dept of the county you are in. Those FE+D papers are the ones that inform the T of the court date and time. You as the LL MUST show up for the FE+D hearing, or you will automatically lose. At that hearing, the judge will ask you questions first, mainly about your service of papers. If the judge likes all your answers, you have a 80% chance of winning at that point.

Re: 30 day termination