Iowa 30-Day Notice to Terminate Periodic Tenancy (No Cause / Month-to-Month)

IOWA THIRTY-DAY NOTICE TO TERMINATE PERIODIC TENANCY — IOWA CODE § 562A.34(2)

TABLE OF CONTENTS

1. Notice Caption and Identification of Parties
2. Identification of the Premises and the Tenancy
3. Type of Tenancy and Notice Period Calculation
4. Election of Notice Period — 30-Day Month-to-Month or 10-Day Week-to-Week
5. Termination Date and Surrender of Possession
6. Move-Out, Security Deposit, and Forwarding Address
7. Notice to Tenant of Iowa Statutory Rights
8. Federal CARES Act and Subsidized-Housing Compliance
9. Local Ordinance Compliance
10. Reservation of Rights and Non-Waiver
11. Signature of Landlord or Authorized Agent
12. Proof / Affidavit of Service
13. Iowa Practice Notes
14. Sources and References

1. NOTICE CAPTION AND IDENTIFICATION OF PARTIES

STATE OF IOWA — COUNTY OF [________________________________]

THIRTY-DAY NOTICE TO TERMINATE PERIODIC TENANCY

Pursuant to Iowa Code § 562A.34(2)

Date of Notice: [__/__/____]

Date of Receipt by Tenant (deemed or actual): [__/__/____]

2. IDENTIFICATION OF THE PREMISES AND THE TENANCY

The premises subject to this Notice are:

[FULL STREET ADDRESS, INCLUDING UNIT / APARTMENT NO.]
[CITY], [COUNTY] COUNTY, IOWA [ZIP]

The tenancy is governed by:

☐ Written rental agreement dated [__/__/____] (the "Lease"), now in periodic form;

☐ Oral rental agreement, periodic from inception;

☐ Holdover periodic tenancy following expiration of fixed-term lease originally dated [__/__/____].

3. TYPE OF TENANCY AND NOTICE PERIOD CALCULATION

The current tenancy is (check exactly one):

☐ Month-to-month — rent due on the [____] day of each month — 30-day notice required under § 562A.34(2).

☐ Week-to-week — rent due on [DAY OF WEEK] of each week — 10-day notice required under § 562A.34(1).

☐ Other periodic interval (specify): [________________________________].

Calculation of notice:

• Date of receipt: [__/__/____]
• Periodic rental date specified in this Notice: [__/__/____]
• Days between receipt and periodic rental date: [____] (must be ≥ 30 for month-to-month, ≥ 10 for week-to-week)

4. ELECTION OF NOTICE PERIOD — 30-DAY MONTH-TO-MONTH OR 10-DAY WEEK-TO-WEEK

The Landlord makes the following election (check exactly one):

☐ A. 30-DAY TERMINATION (Month-to-Month) — Iowa Code § 562A.34(2).
The Landlord hereby terminates the month-to-month tenancy effective on [__/__/____] (the "Termination Date"), which is at least thirty (30) days after receipt of this Notice and is the periodic rental date specified for termination.

☐ B. 10-DAY TERMINATION (Week-to-Week) — Iowa Code § 562A.34(1).
The Landlord hereby terminates the week-to-week tenancy effective on [__/__/____] (the "Termination Date"), which is at least ten (10) days after receipt of this Notice and is the periodic rental date specified for termination.

NO REASON NEED BE STATED. This Notice is given pursuant to a periodic-tenancy termination right and does not allege any breach of the rental agreement.

5. TERMINATION DATE AND SURRENDER OF POSSESSION

YOU ARE HEREBY NOTIFIED that:

1. The tenancy described in Section 2 will TERMINATE on the Termination Date stated in Section 4.

2. You must SURRENDER POSSESSION of the premises to the Landlord on or before the Termination Date by:
   - Removing all persons, pets, vehicles, and personal property;
   - Returning all keys, garage door openers, parking permits, mail keys, and access devices;
   - Leaving the premises in the condition required by the Lease and Iowa Code § 562A.17;
   - Providing the Landlord with a forwarding address for security-deposit accounting under § 562A.12.

3. If you DO NOT surrender possession on or before the Termination Date, the Landlord may serve a three-day notice to quit under Iowa Code § 648.3 and commence a Forcible Entry and Detainer action under Iowa Code Chapter 648 to recover possession, costs, attorney fees, and damages — including up to one and one-half (1.5) months' rent in holdover damages under Iowa Code § 562A.34(3).

4. Rent obligations continue through the Termination Date. Pro-rata rent for any partial period through the Termination Date is $[________].

6. MOVE-OUT, SECURITY DEPOSIT, AND FORWARDING ADDRESS

Security Deposit. The Landlord holds a security deposit in the amount of $[________], deposited on [__/__/____] in account no. [________] at [BANK NAME] (per Iowa Code § 562A.12 — must be in an Iowa bank, savings and loan, or credit union, not commingled with personal funds).

30-Day Return. Iowa Code § 562A.12 requires the Landlord to return the deposit (or furnish an itemized statement of withholdings) within 30 days after termination AND receipt of the Tenant's mailing address or delivery instructions.

Tenant Forwarding Address (please provide):
[________________________________]
[________________________________]
Telephone: [____________]
Email: [________________________________]

Move-Out Inspection. The Landlord proposes a joint move-out inspection on [__/__/____] at [____:____ a.m./p.m.]. The Tenant has the right to be present.

Withholding. Withholdings from the deposit are limited to (i) restoration of the dwelling to its condition at commencement, ordinary wear and tear excepted; (ii) unpaid rent; and (iii) other monetary damages caused by the Tenant's noncompliance. Withholdings for "ordinary wear and tear" are NOT permitted. A specific itemized written statement is required.

Bad-Faith Penalties. Iowa Code § 562A.12(7) provides that a landlord who in bad faith retains the deposit or fails to provide a written statement is liable for actual damages plus punitive damages of up to two hundred dollars ($200) plus reasonable attorney fees.

7. NOTICE TO TENANT OF IOWA STATUTORY RIGHTS

No-Cause Termination of Periodic Tenancy. Iowa law permits the Landlord to terminate a month-to-month tenancy on 30 days' written notice WITHOUT STATING A REASON. Iowa Code § 562A.34(2). The Tenant has the same right.

Right Against Retaliation. Iowa Code § 562A.36 prohibits retaliation. If you in good faith complained to a building/housing-code agency, complained to the Landlord under § 562A.15 (habitability), or organized/joined a tenants' union within the past ONE YEAR, the law presumes any termination action is retaliatory. Retaliation is a defense in any FED action and entitles you to actual damages and attorney fees.

Right Against Discrimination. Iowa Code § 216.8 (Iowa Civil Rights Act) and 42 U.S.C. § 3601 et seq. (federal Fair Housing Act) prohibit termination based on race, color, creed, national origin, sex, sexual orientation, gender identity, disability, familial status, or (in some Iowa localities) source of income.

Right Against Self-Help Eviction. Iowa Code § 562A.26 prohibits the Landlord from locking you out, removing your belongings, or interrupting utilities without a court order. Damages: actual + punitive (up to 2x monthly rent) + attorney fees + recovery of possession.

VAWA Protection. If your housing is federally subsidized, the Violence Against Women Act, 34 U.S.C. § 12491, prohibits termination based on your status as a victim of domestic violence, dating violence, sexual assault, or stalking, or on incidents of such violence.

Right to Reasonable Accommodation. Tenants with disabilities have rights to reasonable accommodation under the FHA and Iowa Code § 216.8B.

Iowa Legal Aid. Free or low-cost legal assistance: 1-800-532-1275 or iowalegalaid.org.

Iowa Civil Rights Commission. Housing discrimination complaints: 1-800-457-4416 or icrc.iowa.gov.

Emergency Rental Assistance / Rapid Rehousing. Call 211 or visit iowafinance.com.

8. FEDERAL CARES ACT AND SUBSIDIZED-HOUSING COMPLIANCE

The Landlord certifies one of the following (check exactly one):

☐ The premises are NOT a "covered dwelling" under 15 U.S.C. § 9058(a)(2) and are not federally subsidized.

☐ The premises ARE a "covered dwelling" under 15 U.S.C. § 9058(a)(2). The Termination Date in Section 5 is at least 30 days after receipt, satisfying the CARES Act 30-day notice-to-vacate requirement.

☐ The premises are FEDERALLY SUBSIDIZED. The Landlord acknowledges that no-cause termination is generally PROHIBITED in subsidized housing and that the program-specific good-cause and notice procedures govern. THIS NOTICE FORM IS LIKELY INAPPROPRIATE — STOP AND CONSULT COUNSEL.

9. LOCAL ORDINANCE COMPLIANCE

The Landlord certifies that this Notice complies with all applicable local ordinances:

☐ City of Des Moines / Polk County rental licensing.

☐ City of Iowa City / Johnson County rental ordinance and source-of-income protections.

☐ City of Cedar Rapids / Linn County.

☐ City of Davenport / Scott County rental code.

☐ Other: [________________________________].

10. RESERVATION OF RIGHTS AND NON-WAIVER

Nothing in this Notice shall be construed as a waiver of any right under the Lease, Iowa Code Chapter 562A, Chapter 648, or applicable law. The Landlord expressly RESERVES all rights and remedies, including holdover damages under § 562A.34(3) (up to 1.5 months' rent), and rights to back rent, attorney fees, and damages.

11. SIGNATURE OF LANDLORD OR AUTHORIZED AGENT

DATED this [____] day of [______________], 20[____].

Landlord / Authorized Agent Signature: ____________________________________

Printed Name: [________________________________]

Title / Capacity: ☐ Landlord ☐ Owner ☐ Property Manager ☐ Attorney for Landlord

Mailing Address: [________________________________]

Telephone: [____________]

Email: [________________________________]

12. PROOF / AFFIDAVIT OF SERVICE

I, the undersigned, being first duly sworn, state that on [__/__/____] at approximately [____:____ a.m./p.m.], I served the foregoing Notice upon the Tenant(s) by the following method (Iowa Code § 562A.6):

☐ Personal delivery with acknowledged signed receipt by Tenant or household member 18+.

☐ Personal service under Iowa R. Civ. P. 1.305.

☐ Posting + mailing (first-class AND certified). Service deemed complete 4 days after postmark.

Address of dwelling unit: [________________________________]

Tenant's last known address: [________________________________]

Certified mail tracking no.: [________________________________]

Postmark date: [__/__/____]

I declare under penalty of perjury that the foregoing is true and correct.

____________________________________
Signature of Server

Printed Name: [________________________________]

Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [______________], 20[____].

____________________________________
Notary Public, State of Iowa
My commission expires: [__/__/____]

13. IOWA PRACTICE NOTES

Backward count from periodic rental date. Iowa courts have stressed that § 562A.34(2)'s 30-day clock runs backward from the next available periodic rental date — not forward from service. Always identify the rent due date and pick the next one at least 30 days out.

Holdover damages. Iowa Code § 562A.34(3) authorizes the landlord to recover up to 1.5 months' periodic rent OR actual damages, whichever is greater, plus reasonable attorney fees, when a tenant willfully holds over after lawful termination.

Equal right to terminate. § 562A.34(2) gives the TENANT the same 30-day no-cause right to terminate. Landlords accepting a tenant's 30-day termination notice should treat it symmetrically.

Fixed-term leases. § 562A.34 does not apply to terminate a fixed-term lease before its stated end date. For end-of-term notices follow the lease's own provisions.

Federally subsidized housing. No-cause termination is generally unavailable. HUD Handbook 4350.3 (project-based), HUD Notice PIH 2020-32 (Section 8 HCV), and 26 U.S.C. § 42(h)(6)(B)(i) (LIHTC) all require good cause.

Anti-retaliation is robust. § 562A.36's one-year presumption window is potent. If the tenant has made any complaint to a code authority, the Landlord, or organized other tenants in the past 12 months, the burden shifts to the landlord to rebut the retaliation presumption. Document non-retaliatory business reasons contemporaneously.

HF 2204 / preemption. Verify Polk, Johnson, Linn, and Scott County ordinances current to the date of service.

Verify 2025–2026 amendments. Iowa enacted SF 2268 (2024) on assistance animals. Verify any current Ch. 562A and Ch. 216 amendments before service.

14. SOURCES AND REFERENCES

• Iowa Legislature, Iowa Code § 562A.34, "Periodic tenancy — holdover remedies": https://www.legis.iowa.gov/docs/code/562A.34.pdf
• Iowa Legislature, Iowa Code Chapter 562A: https://www.legis.iowa.gov/docs/ico/chapter/562a.pdf
• Iowa Legislature, Iowa Code § 562A.12, "Rental deposits": https://www.legis.iowa.gov/docs/code/562A.12.pdf
• Iowa Legislature, Iowa Code § 562A.36, "Retaliatory conduct prohibited": https://www.legis.iowa.gov/docs/code/562A.36.pdf
• Iowa Legislature, Iowa Code § 562A.26, "Tenant's remedies for landlord's unlawful ouster": https://www.legis.iowa.gov/docs/code/2022/562A.26.rtf
• Iowa Legislature, Iowa Code Chapter 648 (FED): https://www.legis.iowa.gov/docs/code/648.pdf
• Iowa Legislature, Iowa Code § 216.8 (housing discrimination): https://www.legis.iowa.gov/docs/code/216.8.pdf
• Iowa Legislature, Iowa Code § 216.8B (assistance/service animals): https://www.legis.iowa.gov/docs/code/216.8B.pdf
• Iowa Judicial Branch, "What is a Notice to Quit?": https://www.iowacourts.gov/faq/what-is-a-notice-to-quit
• Iowa Legislative Services Agency, Landlord-Tenant Law Legislative Guide: https://www.legis.iowa.gov/docs/publications/LG/15814.pdf
• Iowa Legal Aid, Landlord and Tenant Q&A: https://iowalegalaid.org/resource/landlord-and-tenant-law-questions-and-answers/
• Iowa People's Law Library: https://www.peopleslawiowa.org/index.php/research-topics/landlordtenant-law
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.: https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
• VAWA Reauthorization Act of 2022, 34 U.S.C. § 12491: https://www.hud.gov/program_offices/fair_housing_equal_opp/VAWA
• CARES Act § 4024, 15 U.S.C. § 9058: https://www.congress.gov/bill/116th-congress/house-bill/748