How to Evict a Roommate in Iowa (and Other Household Situations)
What Iowa law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: Under Iowa's Uniform Residential Landlord and Tenant Law, a "tenant" is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of another, and a "landlord" includes a sublessor. Separately, a person in possession of real estate with the owner's assent is presumed to be a tenant at will until shown otherwise. A roommate the owner has allowed to live there may therefore have tenant rights even without signing the lease. Iowa Code §§ 562A.6(5), (11), (16); 562.4
| Roommate not on the lease | Under Iowa's Uniform Residential Landlord and Tenant Law, a "tenant" is a person entitled under a written or oral rental agreement to occupy a dwelling unit to the exclusion of another, and a "landlord" includes a sublessor. Separately, a person in possession of real estate with the owner's assent is presumed to be a tenant at will until shown otherwise. A roommate the owner has allowed to live there may therefore have tenant rights even without signing the lease. Whether a roommate is a tenant of the landlord, a subtenant of the leaseholder, or neither depends on the facts. |
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| Removing a roommate or subtenant | A leaseholder who sublets is the roommate's "landlord" under the Act. The roommate's tenancy must be ended with the required written notice (for example, 30 days for month to month, or a 3-day notice for unpaid rent), and the roommate removed through a forcible entry and detainer case in court. A landlord who unlawfully removes or excludes a tenant, or cuts off essential services, owes actual damages, up to twice the monthly rent in punitive damages, and attorney fees. |
| Guests who won't leave | A person in possession of real estate with the owner's assent is presumed to be a tenant at will until the contrary is shown, and 30 days' written notice must be served before the tenancy ends. A guest who has been allowed to live there may therefore need a 30-day notice and a forcible entry and detainer case; someone who entered by force, intimidation, fraud or stealth can be removed through the summary forcible entry and detainer remedy. Whether a visitor is "in possession" or merely visiting depends on the facts. Source: Iowa Code §§ 562.4; 648.1(1) |
| Removing a family member or partner | No statute names family members specifically. A relative or partner who lives in the home with the owner's assent is presumed to be a tenant at will, so the owner must serve 30 days' written notice (shorter if rent is paid at shorter intervals) before ending the tenancy, and then use a forcible entry and detainer case if the person stays. The presumption can be rebutted by showing the person is not a tenant. Domestic abuse protective orders are a separate process. Source: Iowa Code §§ 562.4; 648.1 |
| Renting a room in your own home (lodgers) | No separate lodger statute. Iowa defines a "roomer" as someone occupying a unit without a major bathroom or kitchen facility, where such facilities are shared with other units. Roomers are covered by the landlord-tenant law; a roomer who pays weekly rent with no fixed term has a week-to-week tenancy. The Act's exclusions do not list rooms rented in an owner-occupied home (Iowa Code § 562A.5). |
| Tenancy at will | A person in possession with the owner's assent is presumed to be a tenant at will, and 30 days' written notice must be served on either party before the tenancy ends; if rent is payable at intervals under 30 days, the notice need not be longer than the interval. If the eviction is for unpaid rent, only the 3-day notice is needed. Source: Iowa Code §§ 562.4; 648.4 |
| Hotel and extended-stay guests | Transient occupancy in a hotel, motel or similar lodging is not governed by Iowa's Uniform Residential Landlord and Tenant Law. No statute sets a number of days after which a hotel guest becomes a tenant. A long-term, non-transient stay may be covered depending on the facts. Source: Iowa Code § 562A.5(4) |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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Iowa eviction laws · Free legal help in Iowa · Roommate rules in other states
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.