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Steps of the eviction process in Iowa: Landlord serves tenant written notice. Landlord files complaint with court (if unresolved). Court serves tenant with summons & complaint. Court holds hearing and issues judgment. Writ of possession is issued. Possession of property to landlord.
Contrary to popular belief, eviction in the context of a divorce isn't like landlord/tenant eviction. Even if your name is the only one on the mortgage or lease, you cannot evict your spouse or make them leave the marital home simply because you want to or because the home ?belongs? to you.
An Iowa 3-Day Notice to Quit (Non-Payment) is a letter informing a tenant of their failure to pay rent on the day it was due. This form can be sent to a tenant immediately following the day rent was due. This notice will give the tenant three (3) days to pay up or move out.
A tenant can file a motion to stay at any time after an eviction notice is served. (JCRCP 110.) However, most tenants do not request a stay until they have received the eviction order (which the sheriff or constable will post on the rental property). The court can only stay an eviction order for up to ten days.
The process of appealing an eviction in Iowa is relatively straightforward. The tenant must file a complaint with the court within 20 days of the judgment being issued. The court will then schedule a hearing within 8-15 days of the complaint being filed. The tenant must pay the rent.
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.
Because you are married, both you and your spouse have the legal right to live in your marital residence, no matter whose name is on the deed or lease, and neither of you can evict the other. That should provide some comfort if your spouse has told you to get out, but you don't want to leave your home.
If a tenant fails to pay rent, the landlord may give a written notice to the tenant. The notice has to say that the lease will end if the rent is not paid within 3 days. This gives a "right to cure" or fix the lease violation. If the tenant pays the rent in 3 days, the landlord cannot evict the tenant.