Eviction Law in Cedar Rapids, IA
What Is an Eviction?
An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Cedar Rapids, Iowa eviction law can help.
Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay the Rent
If a delinquent Cedar Rapids, IA tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.
According to the Iowa State Legislature, there is no law establishing a grace period for late rental fees in Cedar Rapids. However, a landlord can include this provision in the rental agreement if they desire. If the rent on a unit is $700 or less a month, a landlord cannot charge more than $12 per day, up to $60 per month, as a late fee.
You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate that rule, you can begin the eviction notice process.
The lease agreement is also legally binding for the landlord. This means that any Cedar Rapids landlord must also follow the rules laid out in the agreement, such as making repairs and performing maintenance written into the lease.
The Tenant Damages the Property
Property damage is an inevitable part of renting out a space, with normal wear and tear being expected. However, there’s a distinction between typical damage, like scratches on the wall or broken blinds, and deliberate destruction of the property.
If it becomes evident that your tenant is intentionally causing significant damage, such as punching holes in walls or breaking windows, this could warrant eviction. On the other hand, if the tenant carries out repairs on their own and doesn’t make substantial alterations to the property, it may not constitute grounds for eviction.
The Tenant Uses the Property for Illegal Purposes
If your tenant is using your Cedar Rapids property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.
However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports could prove helpful.
How to Evict a Tenant in Cedar Rapids, Iowa
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for eviction before giving notice. A qualified Cedar Rapids, IA attorney can help review your case to determine if you do.
Iowa Legal Aid breaks down both the rights and responsibilities of tenants in Cedar Rapids. Tenants are entitled to a clean and habitable living space, and their reasonable rights of privacy once they inhabit the unit. Tenants have the right to call the police if they feel the situation calls for it, and are free from reprisal from the landlord. In addition, any tenant has a right to reclaim their security deposit if they leave in good standing, and can pursue damages against a landlord that refuses.
Step 2. Give a Formal Notice of Eviction
If you have tried to reason with your tenants and they continue to violate the terms of your lease, you should then provide them with a formal notice of eviction. Your eviction notice will serve as an ultimatum or final warning. It should explain how your tenant is in violation, as well as what they can do to stop the eviction process.
The eviction notice should also include a deadline for the tenant to either pay rent or move out, and the amount that the tenant owes. If you’re unsure of how to create an eviction notice, you can use online templates or seek legal advice.
Iowa Landlord Guidance warns against anyone taking illegal steps or actions to evict a tenant. Methods of “self-eviction” such as changing the locks, removing a tenant’s personal property, or shutting off access to essential services is illegal and punishable by law. A tenant must be served with written notice of eviction. As well they should be given time to pay off the balance if the eviction is due to late rent payments. If a tenant has left behind valuable property once they vacate, a landlord is obligated to serve them with notice and hold the property for a reasonable time so that the tenant may recover it.
Step 3. File the Eviction with the Court
You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. Landlords seeking to evict tenants must file with the Small Claims Court in Cedar Rapids.
Step 4. Contact an Experienced Cedar Rapids, Iowa Eviction Attorney and Prepare for the Hearing
You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:
- Lease agreements
- Records of payments
- Bounced checks
- Record of communication between you and the tenant
- Record of the eviction notice
- Proof that the tenant received the notice
Step 5. Evict the Tenant
If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Cedar Rapids, IA law enforcement to forcibly remove them from the property.
Step 6. Collect Past-Due Rent Payments
If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through these methods:
- Hiring a private debt collector
- Garnishing their tax refunds
- Garnishing their wages
- Taking the case to small claims court
Work with an Experienced Eviction Attorney in Cedar Rapids, Iowa
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Cedar Rapids attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Iowa state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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