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This question came from one of our users:
I purchased a home for my daughter and her adult son, with the verbal agreement that she would pay the mortgage, taxes, insurance, home warranty, water, trash removal, and perform all maintenance on the property. I am essentially renting to her without a formal lease. Can I evict her?
Your husband’s brother comes to stay at your house. And stays, and stays, and stays, generally lying around drinking and making a mess while the rest of the household goes off to work.
Your adult son gets mad at you for not letting the dog bark in the yard. When you tell him to do it himself, he throws a glass jar of peanuts at your head. (It was a salted peanut jar, bad pun intended.
How do you get these relatives out of your house when they refuse to leave?
What does Iowa’s Landlord-Tenant Law say?
The first thing you need to do is determine whether your relative is a guest or a tenant. If they are a guest, intended to stay temporarily without contributing financially, you don’t have to follow the same procedures as if they were a tenant under Iowa Code Chapters 562A and 648. Iowa Code 562A is also known as the Uniform Residential Landlord and Tenant Act.
Is your relative a tenant or a guest?
Some factors that a court may consider in determining if your relative is a renter and not a guest are
- If they contribute financially
- If they have a specific space or room in the home and
- Whether there is an oral or written agreement.
- If they get mail there
- If they use the address as their primary residence
Your husband’s nephew is likely a guest if they don’t meet any of these conditions. You can just tell them to leave. If they don’t go, you might still have to follow the landlord-tenant procedures.
What kind of notice do I have to give?
If the relative is likely a tenant, the type and timing of the notice are set out in the Iowa Code. The notice must be in writing. In the example of the assaulting son, a three-day notice to quit for creating a clear and present danger can be given.
How do I serve the notice?
A written notice of termination or notice to quit must be served on the tenant by one (or more) of the following methods:
- Posting on the primary entrance door of the dwelling unit
- Delivery to a resident of the dwelling over age 18 who signs and dates an acknowledgement
- Personal service according to the Iowa Rules of Civil Procedure
After the notice period ends, if your relative still won’t leave, you can file a court eviction action, known as a forcible entry and detainer. There are very specific rules to follow to do this. If you need help evicting a relative or tenant, you can call us for a consultation.
Schedule a consultation today!
Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.
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