Evictions
Eviction Information
Step 1.) Three Day Notice to Quit or Cure
Can be served by either the landlord or the Sheriff’s Office by doing all three steps listed below.
If served personally by the landlord:
- Serve by certified mail and
- Service by regular mail and
- Personally serve tenant with signature of acceptance included.
If served by the Sheriff's Office:
- Certified Mail (Landlord responsible for mailing) and
- Regular Mail (Landlord responsible for mailing) and
- Sheriff's office will serve and if unable they will post after the second try. This does require a $100 advanced fee.
Step 2.) Forcible Entry and Detainer
After waiting for three full days after the service of the Three-Day Notice the landlord shall electronically file to obtain the Forcible Entry and Detainer notice forms with the clerk of court using the electronic filing website. This notice must be served on the tenant in accordance with the Code of Iowa. If the Sheriff’s Office serves the notice, a $100 advanced fee is required.
Step 3.) Forcible Entry and Detainer Hearing
When the Forcible Entry and Detainer is filed a court date will be given that both the landlord and tenant should attend to present their cases. Failure for the landlord to attend this hearing will result in a ruling for the tenant. The landlord should be prepared to present all documentation at this hearing, including the proof of service of the Three-Day Notice and the Forcible Entry and Detainer and any other information that will assist in presentation of their case.
After hearing the case, the judge will issue a ruling. If the ruling is for the landlord a Writ of Removal should be completed and filed with the clerk of court. The landlord will need to request that the clerk issue a Writ of Removal, it is not done automatically. The landlord needs to print the Writ of Removal from the electronic filing website and present it to the Sheriff’s office for service.
When the Sheriff's Office receives the Writ of Removal, the landlord will be contacted to schedule a date for the removal. Removal is done Monday through Friday between 8:00 AM and 4:00 PM. Removals will not be scheduled on the same day the Writ of Removal is received. Once the date is selected a notice will be posted by the Sheriff’s Office on the rental property advising the tenant of the removal date and time.
Step 4.) Removal Date
- The day of the eviction we will expect the plaintiff or his agent to check the location to see if the defendant has vacated voluntarily. Please call our office to either confirm or cancel the eviction. If you discover that the defendant has vacated before the eviction date, please inform our office so we can use that time for other purposes.
- At the time for the eviction, we will expect the plaintiff to provide enough manpower to complete the eviction by 4PM. We recognize that unusual situations requiring more time will occur occasionally. If the plaintiff comes to the eviction grossly understaffed, we will reschedule for a time that enough staff can be provided. Our function is to provide the authority, keep the peace and direct the procedure. Deputies DO NOT help with removal of property.
- We request that the plaintiff provide enough boxes and large trash bags to facilitate efficient moving of property. It is recommended that you wear protective gloves and keep in mind the danger of sharp objects and blood born pathogens. In the event of rain/snow, the plaintiff should bring tarps to protect the property. The plaintiff is responsible for the property and shall not do any unnecessary damage. The eviction may be postponed by the Sheriff if weather conditions are severe.
- We have the plaintiff move the property to the area where garbage pickup is done. If this is not feasible alternatives should be arranged in advance whenever possible. If a refrigerator or freezer is involved, we will expect the plaintiff to secure the appliance so a child will not have access. Abandoned vehicles will need to be removed at the time of eviction; the plaintiff will need to make arrangements with a local towing company that processes abandoned vehicles. The plaintiff will need to arrange for removal of anything left behind by the defendant in compliance with local ordinances.
- The plaintiff is responsible for the removal of any domestic animals. Arrangements should be made with the Marion County Humane Society prior to the service date.
- We will expect the plaintiff to remove all property/garbage from the location, including property/garbage that is in any storage areas or garages. We will not be involved in determining what is valuable and what is not. If the eviction procedure is cancelled the plaintiff accepts any liability for property left behind.
- The plaintiff will need to call the Sheriff’s Office when they have removed all property for a final “walk-through.” This needs to be done by 4PM.
- Our fees for service of a Writ of Removal and Possession (an eviction) are $30.00 plus mileage.
