Renting a home that was foreclosed in Iowa: your rights

Your rights as a renter in Iowa, in order

1. The federal floor: 90 days and your lease

   From the new owner's written notice

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before having to move. A lease signed before the foreclosure runs to its end unless the buyer will live in the home, and that buyer must still give 90 days' notice. Section 8 voucher holders get extra protection. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702; 42 U.S.C. § 1437f(o)(7)

2. Ask in writing who to pay

   As soon as you learn of the sale

   Iowa law requires a landlord to tell you in writing who manages the home and who can receive notices for the owner, to keep that information current, and the duty carries over to a successor owner. Ask the new owner in writing for those names and where to send rent. Keep paying as your lease requires and keep every receipt.

   Iowa Code § 562A.13

3. Month to month notice

   30 days under state law, 90 days under federal law

   Iowa lets a month to month tenancy be ended with 30 days' written notice before a rent due date. After a foreclosure, the federal 90 days is longer and applies to bona fide tenants, so the longer period controls.

   Iowa Code § 562A.34(2)

4. Your deposit moves with the home

   Within a reasonable time after the sale

   When a landlord's interest ends, the landlord must transfer your deposit, minus lawful deductions, to the successor and tell you who has it, or return it to you. The successor then has the landlord's duties for the deposit. If you get a written notice of the amount transferred, object within 20 days if it is wrong, or the successor may owe only the amount in the notice.

   Iowa Code § 562A.12(5), (6)

5. No lockouts or utility shutoffs

   Any time

   If a landlord unlawfully removes you or cuts off electricity, gas, water or other essential services, you can go to court to get back in or end the lease, and recover damages, up to twice the monthly rent in punitive damages, and attorney fees.

   Iowa Code § 562A.26

6. The court eviction the new owner must use

   3 days' written notice to quit, then a court hearing

   Iowa's eviction case is called forcible entry and detainer, and staying after a foreclosure sale is one of its grounds. Before filing, the owner must give you 3 days' written notice to quit, and you must be served with the case at least 3 days before the hearing. The 3-day notice does not shorten your federal 90 days.

   Iowa Code §§ 648.1(4), 648.3, 648.5

Common questions in Iowa