NOTICE OF DEFAULT, DEMAND TO CURE OR VACATE,
AND TERMINATION OF TENANCY
(Iowa Uniform Residential Landlord and Tenant Act)
[// GUIDANCE: This template is intentionally comprehensive to facilitate attorney customization for any statutory eviction scenario recognized in Iowa (non-payment, curable breach, non-curable breach, or periodic-tenancy termination). Practitioners should DELETE sections that are not applicable to the selected notice type and verify all statutory citations before use.]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- OPERATIVE PROVISIONS
- REPRESENTATIONS & WARRANTIES
- COVENANTS & RESTRICTIONS
- DEFAULT & REMEDIES
- RISK ALLOCATION
- DISPUTE RESOLUTION
- GENERAL PROVISIONS
- EXECUTION BLOCK
- AFFIDAVIT OF SERVICE (Exhibit A)
1. DOCUMENT HEADER
1.1 Title – Notice of Default, Demand to Cure or Vacate, and Termination of Tenancy
1.2 Parties –
• “Landlord”: [LANDLORD LEGAL NAME], [entity type], having its principal address at [ADDRESS]
• “Tenant”: [TENANT LEGAL NAME(S)] residing at the Premises defined below
1.3 Premises – [UNIT/ADDRESS/DESCRIPTION] (“Premises”)
1.4 Rental Agreement Date – [DATE OF LEASE OR LAST RENEWAL]
1.5 Effective Date of Notice – [DATE NOTICE IS SERVED] (“Effective Date”)
1.6 Governing Law & Forum – State of Iowa; exclusive venue in the Iowa District Court for [county] (Forcible Entry and Detainer Division)
1.7 Consideration – Statutory compliance with the Iowa Uniform Residential Landlord and Tenant Act (Iowa Code ch. 562A) constitutes sufficient consideration.
2. DEFINITIONS
For clarity and cross-reference, capitalized terms have the meanings set forth below.
“Default” means any event or circumstance described in Section 3.1(A)-(D).
“Demand Date” means 11:59 p.m. on the final day of the applicable Statutory Notice Period.
“Rental Agreement” means the written or oral lease identified in Section 1.4.
“Statutory Notice Period” means the period mandated by Iowa Code §§ 562A.27 or 562A.34, as applicable and designated in Section 3.2.
“Termination Date” means the calendar day immediately following the Demand Date if the Default is not timely cured.
3. OPERATIVE PROVISIONS
3.1 Statement of Default
The Landlord hereby alleges the following Default(s) under the Rental Agreement and Iowa law:
A. ☐ Non-Payment of Rent in the sum of $[AMOUNT], currently due and owing for the period [DATES];
B. ☐ Material Non-Compliance (curable) described as: [DESCRIPTION OF VIOLATION];
C. ☐ Repeat Violation within six‐month period (non-curable) previously noticed on [DATE];
D. ☐ Holdover / Expiration of Periodic Tenancy pursuant to Iowa Code § 562A.34.
[// GUIDANCE: Select only the subsection(s) that apply. Iowa law does NOT require multiple notices for separate defaults if combined into one clear notice.]
3.2 Statutory Notice Period
| Default Type | Statutory Basis | Notice Period | Check One |
|---|---|---|---|
| Non-Payment of Rent | Iowa Code § 562A.27(2) | 3 consecutive days | ☐ |
| First-Time Curable Breach | Iowa Code § 562A.27(1) | 7 consecutive days | ☐ |
| Repeat Breach (within 6 months) | Iowa Code § 562A.27(1) | 7 consecutive days (no cure) | ☐ |
| Month-to-Month Termination | Iowa Code § 562A.34 | 30 consecutive days | ☐ |
| Other (specify) | [CITE] | [#] days | ☐ |
The Statutory Notice Period begins on the day immediately after valid service of this Notice in accordance with Section 11.
3.3 Demand to Cure or Vacate
- Cure: If the Default is designated “curable,” Tenant must fully remedy the Default AND deliver written proof of cure to Landlord on or before the Demand Date.
- Vacate: If the Default is designated “non-curable,” or if Tenant fails to cure within the Statutory Notice Period, Tenant must surrender exclusive possession of the Premises and remove all personal property by the Termination Date.
- Payment Method (if applicable): All rent and other sums must be paid by [acceptable forms of payment] at [PAYMENT LOCATION OR ONLINE PORTAL].
3.4 Reservation of Rights
Landlord reserves all rights and remedies available under the Rental Agreement and Iowa law, including the right to file a Forcible Entry and Detainer action without further notice upon Tenant’s failure to cure or vacate.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that:
(a) The information stated herein is true and correct to the best of Landlord’s knowledge;
(b) Service of this Notice will be completed in a manner authorized by Iowa Code § 562A.8; and
(c) No acceptance of partial performance shall constitute a waiver unless expressly so stated in writing.
5. COVENANTS & RESTRICTIONS
5.1 Tenant shall not engage in retaliatory measures or interfere with Landlord’s lawful attempts to enforce this Notice.
5.2 Tenant is prohibited from committing waste, removing fixtures, or otherwise damaging the Premises during the Statutory Notice Period.
6. DEFAULT & REMEDIES
6.1 Events of Default – Tenant’s failure to (i) cure the Default, (ii) vacate the Premises timely, or (iii) comply with Section 5 constitutes a continuing Event of Default.
6.2 Remedies – Upon an Event of Default, Landlord may pursue:
a. Summary possession via Forcible Entry and Detainer;
b. Monetary judgment for unpaid rent, late fees, damages, and court costs;
c. Reasonable attorney’s fees where permitted by contract or statute;
d. Such other relief as equity may allow.
6.3 Graduated Remedies – Acceptance of partial rent shall (unless Landlord expressly agrees otherwise in writing) be applied to past-due rent and shall not reinstate the tenancy or waive any outstanding Default.
7. RISK ALLOCATION
[Indemnification and limitation-of-liability provisions are intentionally omitted as not applicable to statutory eviction notices.]
8. DISPUTE RESOLUTION
8.1 Governing Law – State of Iowa.
8.2 Exclusive Venue – Iowa District Court in and for [COUNTY] County, Forcible Entry and Detainer Division.
8.3 Arbitration – Not available for FE&D matters under Iowa law.
8.4 Jury Waiver – No waiver is sought; Tenant retains all constitutional jury trial rights.
8.5 Injunctive Relief – Nothing herein limits Landlord’s right to seek immediate possession orders or other equitable relief.
9. GENERAL PROVISIONS
9.1 Entire Notice – This document contains the complete notice required by applicable law and supersedes all prior oral or written communications concerning the Default.
9.2 Severability – If any provision is held unenforceable, the remaining provisions shall remain in full force.
9.3 Amendments – Any extension or modification must be in a signed writing from Landlord or Landlord’s counsel.
9.4 Electronic Signatures – Facsimile, PDF, or electronic signatures shall be deemed originals for all purposes.
10. EXECUTION BLOCK
Executed as of the Effective Date.
LANDLORD / LANDLORD’S AUTHORIZED AGENT:
[NAME & TITLE]
Date: _____
TENANT ACKNOWLEDGMENT OF RECEIPT (optional):
[TENANT NAME]
Date: _____
[// GUIDANCE: Iowa law does not require tenant acknowledgment for validity; include only if desired for evidentiary purposes.]
11. EXHIBIT A – AFFIDAVIT OF SERVICE
State of Iowa )
) ss.
County of ____ )
I, [SERVER NAME], being duly sworn, depose and state:
- I am over 18 years of age and not a party to this action.
- On the _ day of _, 20__, at _ .m., I served the foregoing Notice by:
☐ Personal delivery to Tenant.
☐ Certified mail, return receipt requested, addressed to Tenant at the Premises.
☐ Posting prominently on the main entrance of the Premises AND mailing a copy by regular mail. - Service was completed in compliance with Iowa Code § 562A.8.
[SERVER SIGNATURE]
Subscribed and sworn to before me this _ day of _, 20__.
Notary Public in and for the State of Iowa
My commission expires: ___
[// GUIDANCE: Attach any proof of mailing or photographs of posted notice. Retain originals for court submission.]
© [YEAR] [LAW FIRM OR AUTHOR]. This template is provided for use by licensed attorneys. No legal advice is given to non-lawyers. Verify current statutes and local court rules before deployment.