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 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 pursue an action for possession. Iowa Code § 562A.34(4) permits actual damages and reasonable attorney fees only when the holdover is willful and not in good faith.

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 [__/__/____] at [BANK NAME] (per Iowa Code § 562A.12 — the institution must be a bank, savings and loan association, or credit union insured by a federal agency, and the deposit may not be commingled with Landlord's 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. Iowa Code § 562A.12(3)(a) allows only amounts reasonably necessary to (i) remedy unpaid rent or other funds due under the rental agreement; (ii) restore the dwelling to its condition at the start of the tenancy, except ordinary wear and tear; or (iii) recover possession expenses from a tenant who fails in bad faith to surrender after noncompliance and notice under the chapter. State the specific reason for each withholding and, for restoration, the nature of the damage. General monetary damages from noncompliance are not a separate deposit-deduction category.

Deposit Remedies. Failure to provide the written statement within the statutory thirty-day period forfeits the right to withhold any portion. Bad-faith retention may result in actual damages plus punitive damages not exceeding twice the monthly rental payment under Iowa Code § 562A.12(7). Section 562A.12(8) permits the court to award reasonable attorney fees to the prevailing party in an action on the rental agreement.

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 after a qualifying code-enforcement or landlord complaint, or organizing or joining a tenants' union. In an action by or against the tenant, evidence of a good-faith complaint within one year before the alleged retaliatory act creates a presumption of retaliation, unless the complaint followed notice of a proposed rent increase or reduction in services. Retaliation may be a defense to an action for possession; the statute also permits actual damages and reasonable attorney fees for a violation.

Right Against Discrimination. Iowa Code § 216.8 bars housing discrimination based on race, color, creed, sex, sexual orientation, religion, national origin, disability, or familial status. Assess any federal claim separately. Iowa Code §§ 364.3(16) and 331.304(13) bar city and county ordinances requiring acceptance of federal housing choice vouchers; check any other local protections on their own terms.

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 SUBSIDIZED-HOUSING COMPLIANCE

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

☐ The premises are not federally subsidized, after review of the property and lease.

☐ The premises are FEDERALLY SUBSIDIZED. The Landlord will check the applicable program rules, lease, and any required grounds and notice procedures before using this form. STOP AND CONSULT COUNSEL BEFORE SERVICE.

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 permit or ordinance requirements, if applicable.

☐ 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. Any holdover relief is limited to relief authorized by Iowa Code § 562A.34(4) and other applicable law.

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.29A):

☐ 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 remedy. Iowa Code § 562A.34(4) authorizes an action for possession. If the holdover is willful and not in good faith, it also permits actual damages and reasonable attorney fees. It does not create a one-and-one-half-month-rent award.

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. Check the applicable program and lease before serving a no-cause notice. For a LIHTC low-income unit subject to an extended-use agreement, 26 U.S.C. § 42(h)(6)(B)(i) requires the agreement to prohibit the eviction or termination described in § 42(h)(6)(E)(ii)(I) other than for good cause.

Retaliation timeline. Section 562A.36(2)'s one-year presumption concerns evidence of a good-faith complaint, not organizing alone. Check whether the complaint followed notice of a proposed rent increase or reduction in services; the statute then withholds the presumption. Document the dates and any lawful basis for termination, including the possession grounds listed in subsection (3).

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/562A.26.pdf
• 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