Iowa Code ch. 562B § 562B.25A
Termination for creating a clear and present danger to others
Operative Text
1. Notwithstanding section 562B.25 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 tenant’s dwelling unit 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 § 562B.25A allows a landlord to begin eviction proceedings after just three days' written notice when a tenant has created or maintained a threat that constitutes a clear and present danger to the health or safety of others on or within one thousand feet of the property. Qualifying threats include physical assault, illegal firearm use or possession, and unlawful possession of controlled substances. Importantly, the law also carves out protections for tenants who are themselves victims of another person's dangerous conduct, provided the tenant takes documented steps to address that person's behavior.
Plain English — not legal advice.
Under § 562B.25A, operators who identify a qualifying clear-and-present-danger situation may serve a three-day written notice to quit rather than the longer notice periods that typically apply. That notice must describe the specific dangerous activity and reproduce the statutory exemption language from subsection 3, so tenants are informed of their rights. Any subsequent court petition must detail the incidents that prompted the notice, and tenants must receive at least three days' advance notice of the hearing date.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 562B.25A includes an exemption that may protect tenants from eviction when the dangerous conduct is carried out by a guest or other person on the premises rather than the tenant. To qualify, a tenant generally must take at least one documented step—such as seeking a protective order, reporting the conduct to law enforcement, or sending a formal no-return letter copied to a law enforcement agency—and provide written proof of that step to the landlord before any suit is filed. Tenant-rights organizations can help clarify which options may apply to a given situation.
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.
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