Evicting a Roommate Not on the Lease in Iowa: Renter’s Guide

If you’re sharing a rental in Iowa and need to evict a roommate who isn’t listed on the lease, you might feel overwhelmed by the legal steps involved. Whether they’ve become disruptive, stopped paying their share, or simply refuse to leave, understanding your legal options is essential. This guide breaks down the process, gives you the forms you need, and links you to key resources so you can confidently move forward within Iowa law.

Understanding Iowa Law for Removing a Roommate

In Iowa, if your roommate isn’t listed on the lease, they are generally considered a “subtenant” or an “unauthorized occupant.” The law treats removing such tenants differently than standard evictions between a landlord and a listed tenant. Usually, the primary leaseholder becomes the sublandlord and must follow Iowa’s legal process for removing an unwanted occupant from the rental unit.

The Main Tribunal and Legislation

• Residential landlord-tenant disputes in Iowa are handled by the Iowa District Courts, Small Claims Division.
• The relevant tenancy laws are outlined in the Iowa Uniform Residential Landlord and Tenant Law (Iowa Code Chapter 562A).^[1]

It's important to note: this guide does not apply if your roommate is on the lease with you. Those cases require involvement from your landlord directly.

Key Steps to Evict a Roommate Not on the Lease

Removing a roommate who isn’t on the lease in Iowa typically means following the formal eviction process through small claims court, similar to what a landlord does when evicting a tenant.

• Step 1: Give Written Notice (Notice to Quit)
  • If your roommate was paying rent or had a specific agreement, you must give a written Notice to Quit. For a month-to-month arrangement, this usually means providing 30 days’ notice.
  • Use the Iowa Notice to Quit (Form 126 Rule 1.801(2)). This form officially lets your roommate know they must leave by a certain date.
  • Example: If your roommate stopped paying their share, provide the written Notice to Quit specifying the day by which they must vacate.
• Step 2: Wait for the Notice Period
  • If the roommate doesn’t leave after the notice expires, you can begin legal action in small claims court.
• Step 3: File for Forcible Entry and Detainer
  • File a small claims action called a Forcible Entry and Detainer (FED) with the correct district court. The form is available on the official Iowa Judicial Branch site. Look for Small Claims Original Notice and Petition for Forcible Entry and Detainer.
  • You'll serve a copy of this form to your roommate, which starts the court case to remove them.
  • Example: If your roommate refuses to go after 30 days, deliver the FED petition to the court and make sure your roommate is properly notified (usually by a sheriff or constable).
• Step 4: Attend the Court Hearing
  • The judge will set a hearing date, typically within 8-15 days. Bring copies of all notices, your lease, and evidence.
• Step 5: Obtain and Enforce the Order
  • If the court rules in your favor, your roommate will be ordered to leave. If they don’t, law enforcement may remove them.

The above process ensures your actions are legal and protect your ability to stay in the rental. Always retain copies of all paperwork and related communications.

Required Forms for Iowa Roommate Eviction

• Iowa Notice to Quit (Form 126 Rule 1.801(2))
  Official Iowa Notice to Quit
  When to Use: Use this to formally notify your roommate to vacate. Example: You give your roommate 30 days’ notice to move out.
• Small Claims Original Notice and Petition for Forcible Entry and Detainer
  Iowa Small Claims Eviction Petition
  When to Use: If your roommate ignores the Notice to Quit, file this with the court to start eviction proceedings.

How to Start the Process: Action Steps

Here’s a quick summary of each important step, with links to Iowa’s official forms and services:

• Download and complete the Notice to Quit
• Deliver it to your roommate—either by hand or certified mail
• If needed, file a Forcible Entry and Detainer petition at your county’s small claims court
• Attend your hearing, bringing all relevant documentation

Frequently Asked Questions

1. Can I call the police to immediately remove my roommate?
   Police generally won’t intervene unless there’s an emergency or a court order for removal. Always follow legal eviction procedures.
2. Does my landlord need to be involved if my roommate isn’t on the lease?
   No, the process is usually handled directly between you and your roommate, as you act like the sublandlord.
3. How long does the legal eviction process take in Iowa?
   Timelines vary but may take 4–6 weeks from notice to court order, barring complications.
4. What if my roommate damages my property when leaving?
   Document damages and consider filing a separate claim in small claims court for compensation.
5. Can I change the locks to force my roommate out?
   No, "self-help" eviction by changing locks or removing belongings is illegal in Iowa. Use the court process.

Key Takeaways

• Evicting a roommate not on your Iowa lease involves formal notice and, if needed, a court eviction process.
• Use the official Notice to Quit and, if necessary, file a Forcible Entry and Detainer action in small claims court.
• Avoid “self-help” evictions: always follow Iowa’s legal process to protect your rights.

Need Help? Resources for Renters

• Iowa Judicial Branch: Landlord and Tenant Self-Help — Official guidance and forms
• Iowa Legal Aid — Free or low-cost legal advice for eligible renters
• Find Your Iowa District Court — Locate your local courthouse for filing
• Iowa Attorney General: Landlord-Tenant Law — Additional state tenant guidance

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1. Iowa Uniform Residential Landlord and Tenant Law (Iowa Code Chapter 562A)

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