Iowa Code ch. 562A § 562A.27A
Termination for creating a clear and present danger to others
Operative Text
1. Notwithstanding section 562A.27 or 648.3, if a tenant has created or maintained a threat constituting a clear and present danger to the health or safety of other tenants, the landlord, the landlord’s employee or agent, or other persons on or within one thousand feet of the landlord’s property, the landlord, after the service of a single three days’ written notice of termination and notice to quit stating the specific activity causing the clear and present danger, and setting forth the language of subsection 3 which includes certain exemption provisions available to the tenant, may file suit against the tenant for recovery of possession of the premises pursuant to chapter 648, except as otherwise provided in subsection 3. The petition shall state the incident or incidents giving rise to the notice of termination and notice to quit. The tenant shall be given the opportunity to contest the termination in the court proceedings by notice thereof at least three days prior to the hearing. 2. A clear and present danger to the health or safety of other tenants, the landlord, the landlord’s employees or agents, or other persons on or within one thousand feet of the landlord’s property includes, but is not limited to, any of the following activities of the tenant or of any person on the premises with the consent of the tenant: a. Physical assault or the threat of physical assault. b. Illegal use of a firearm or other weapon, the threat to use a firearm or other weapon illegally, or possession of an illegal firearm. The mere possession or storage of a firearm by a tenant in the dwelling unit that the tenant rents does not constitute a clear and present danger. c. Possession of a controlled substance unless the controlled substance was obtained directly from or pursuant to a valid prescription or order by a licensed medical practitioner while acting in the course of the practitioner’s professional practice. This paragraph applies to any other person on the premises with the consent of the tenant, but only if the tenant knew of the possession by the other person of a controlled substance. 3. a. This section shall not apply to a tenant if the activities causing the clear and present danger, as defined in subsection 2, are conducted by a person on the premises other than the tenant and the tenant takes at least one of the following measures against the person conducting the activities: 1. The tenant seeks a protective order, restraining order, order to vacate the homestead, or other similar relief pursuant to chapter 235F, 236, 598, 664A, or 915, or any other applicable provision which would apply to the person conducting the activities causing the clear and present danger. 2. The tenant reports the activities causing the clear and present danger to a law enforcement agency or the county attorney in an effort to initiate a criminal action against the person conducting the activities. 3. The tenant writes a letter to the person conducting the activities causing the clear and present danger, telling the person not to return to the premises and that a return to the premises may result in a trespass or other action against the person, and the tenant sends a copy of the letter to a law enforcement agency whose jurisdiction includes the premises. If the tenant has previously written a letter to the person as provided in this subparagraph, without taking an action specified in subparagraph (1) or (2) or filing a trespass or other action, and the person to whom the letter was sent conducts further activities causing a clear and present danger, the tenant must take one of the actions specified in subparagraph (1) or (2) to be exempt from proceedings pursuant to subsection 1. b. However, in order to fall within the exemptions provided within this subsection, the tenant must provide written proof to the landlord, prior to the commencement of a suit against the tenant, that the tenant has taken one of the measures specified in paragraph “a”, subparagraphs (1) through (3).
Iowa Code § 562A.27A establishes a process by which a landlord may seek to end a tenancy when a tenant has created or maintained a threat that poses a clear and present danger to the health or safety of others on or near the property. The law defines qualifying dangerous conduct broadly, including physical assault, unlawful firearm use, and unauthorized possession of controlled substances. Importantly, the provision also carves out protections for tenants who are not themselves the source of the danger but who take documented steps—such as seeking a protective order, reporting to law enforcement, or sending a formal warning letter—to address the threatening person.
Plain English — not legal advice.
Under § 562A.27A, a landlord who believes a tenant has created a clear and present danger may initiate termination proceedings by serving a written three-day notice that identifies the specific dangerous activity and includes the statutory exemption language required by subsection 3. Compliant operators document the incident or incidents carefully, since the court petition must describe them in detail. Before filing suit, landlords generally check whether the tenant has provided written proof of having taken one of the exempting measures against a third-party actor, because that documentation can bar the eviction action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 562A.27A gives tenants the right to contest a clear-and-present-danger termination in court, with at least three days' notice before any hearing. If the dangerous conduct was carried out by a guest or other person—not the tenant—the tenant may be exempt from eviction by taking qualifying protective steps, such as seeking a court order, reporting the conduct to law enforcement, or sending a formal written warning to the person, and then providing written proof of that action to the landlord before any lawsuit is filed. Tenants who receive a notice under this section may wish to consult a tenant-rights organization or legal aid office to understand which exemption options under § 562A.27A may be relevant to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API