Updated on August 29th, 2022
An Iowa 3-day notice to quit for clear and present danger is an incurable eviction notice served by a landlord due to the tenant performing an action on or near the property that caused or threatened to cause harm to another person. Upon receiving this notice, the lease agreement between the parties is terminated and the tenant is given three (3) days to move out.
The landlord may file an eviction suit to recover possession of the premises if the tenant has failed to remove themselves from the property within the 3-day notice period. If another person on the tenant’s rental unit causes such an action, the tenant may be liable for that person’s actions unless they take certain measures (defined below) against said person.
Laws – § 562A.27A
Clear and Present Danger Defined (§ 562A.27A(2))
- Physical assault or the threat of physical assault.
- Illegal use of a firearm or other weapon, the threat to use a firearm or other weapon illegally, or possession of an illegal firearm.
- Possession of a controlled substance.
Measures to Avoid Liability (§ 562A.27A(3))
In order to avoid being liable for another person’s actions on the premises, a tenant must take at least one of the following measures:
- Seek a protective order, restraining order, order to vacate the homestead, or similar relief against the individual causing the clear and present danger.
- Report the activities causing the clear and present danger to a law enforcement agency or county attorney.
- Write a letter to the individual causing the clear and present danger telling them not to return to the premises, and send a copy of this letter to local law enforcement. (If a letter has already been sent, one of the first two measures must be taken instead.)