[IA] How do I evict a tenant who assaulted me?
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Serve a 3-Day Notice of Termination and Notice to Quit
Under Iowa Code § 562A.27A, the landlord must issue a single, combined 3-day written notice that:
- Specifically states the dangerous activity involved
- Terminates the lease
- Demands possession be surrendered within 3 days
- Informs the tenant of their right to avoid eviction by taking certain remedial actions if the danger is caused by someone else (e.g., abuser)
Since you were the victim, it would be advisable if someone other than you served the notice, or post it on the exterior door of their residence.
File a Forcible Entry & Detainer (FED) lawsuit if necessary
If the tenant does not move out, the landlord may file an eviction lawsuit (known as a Forcible Entry and Detainer) with the appropriate Iowa district court.
Hearing
A hearing will be scheduled (typically within a week or two). At the hearing:
- The landlord presents evidence, including the notice issued, proof of dangerous activity, and (if relevant) proof of the tenant’s attempted remediation
- The tenant can defend, including showing:
- They were unaware of the danger
- The danger wasn’t actually present
- The notice failed to comply with legal requirements
Eviction enforcement
If the court rules in the landlord’s favor, a writ of possession (or writ of removal) will be issued. The landlord must coordinate with the sheriff’s office to execute the eviction. The sheriff will carry it out—often requiring the landlord to provide assistance with removing belongings.
The above is the basic process.
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I am a Property Manager Representative as well as a tenant for my landlord in the State of Iowa for the past 10 years. I was physically assaulted by a tenant on the rental property where I reside on August 9th, 2025. What is the required timeframe to issue a clear and present danger eviction notice to the tenant? Also, can I file a report of the assault with the eviction judge at the time of the hearing, or is this done after the eviction hearing with the judge?
I’m sorry to hear about your experience; that sounds very distressing. Can you please confirm if you have already reported the assault to law enforcement?
No, I have not. Is this something that I need to do beforehand?
Have you previously issued any notices or warnings to the tenant regarding their behavior?
No, I have never had a problem with them until they attacked me.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction notice.
No, thank you for your help.
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question. - Are you looking for the proper notice period for a “Clear and Present Danger” notice to vacate?
Yes
Serve a 3-Day Notice of Termination and Notice to Quit
Under Iowa Code § 562A.27A, the landlord must issue a single, combined 3-day written notice that:
- Specifically states the dangerous activity involved
- Terminates the lease
- Demands possession be surrendered within 3 days
- Informs the tenant of their right to avoid eviction by taking certain remedial actions if the danger is caused by someone else (e.g., abuser)
Since you were the victim, it would be advisable if someone other than you served the notice, or post it on the exterior door of their residence.
File a Forcible Entry & Detainer (FED) lawsuit if necessary
If the tenant does not move out, the landlord may file an eviction lawsuit (known as a Forcible Entry and Detainer) with the appropriate Iowa district court.
Hearing
A hearing will be scheduled (typically within a week or two). At the hearing:
- The landlord presents evidence, including the notice issued, proof of dangerous activity, and (if relevant) proof of the tenant’s attempted remediation
- The tenant can defend, including showing:
- They were unaware of the danger
- The danger wasn’t actually present
- The notice failed to comply with legal requirements
Eviction enforcement
If the court rules in the landlord’s favor, a writ of possession (or writ of removal) will be issued. The landlord must coordinate with the sheriff’s office to execute the eviction. The sheriff will carry it out—often requiring the landlord to provide assistance with removing belongings.
The above is the basic process.
Okay, out of curiosity, does a presiding judge of the courts also deal with the criminal activity of assault during the eviction hearing, or is that a separate situation?
That is based solely on how large your community is. If you are in a large community with a high volume of cases, then these are usually separate. But if the community is small, then judges can often be assigned to both criminal and civil cases.
Okay. Thank you so much for your help and time. I really appreciate it.
Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. If you have a new question on a different topic, please submit it separately. Thank you and please use the service the next time you need legal advice. Have a wonderful day!
Yes, you have solved my problem. Thank you so much for your help.
