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What is a Notice to Quit?

A “Notice to Quit” informs a renter (or tenant) that rent was not paid to the landlord on the day it was due or that the renter is causing a clear and present danger, and in either case the landlord intends to remove the renter. The notice gives the tenant a set number of days to pay the rent due or to move out of the rented space.

With a three-day notice of nonpayment of rent, the landlord cannot evict the tenant if the tenant pays the rent within three days of getting notice. If the tenant does not pay the rent within three days, the landlord may file an eviction case to have the tenant removed from the property. See Iowa Code section 562A.27(2).

A notice to quit may be filed if a person creates a clear and present danger to the health and safety of others. Common examples of clear and present danger include:

  • Physically assaulting or threatening another person.
  • Illegally using or possessing a firearm.
  • Possessing illegal drugs.

If the tenant did not create the danger and takes the proper steps to cure the danger, then the tenant cannot be evicted. See Iowa Code section 562A.27(1).

If you are a tenant or renter and have been served with a notice to quit or other legal papers threatening eviction, you should talk to an attorney immediately.

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