2009 Iowa Code
Title 14 - Property
Subtitle 2 - Real Property - Gifts
CHAPTER 562A - UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW
562A.27A - TERMINATION FOR CREATING A CLEAR AND PRESENT DANGER TO OTHERS.

        562A.27A  TERMINATION FOR CREATING A CLEAR AND PRESENT
      DANGER TO OTHERS.
         1.  Notwithstanding section 562A.27 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.
         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.  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:
         a.  The tenant seeks a protective order, restraining order,
      order to vacate the homestead, or other similar relief pursuant to
      chapter 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.
         b.  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.
         c.  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 paragraph, without
      taking an action specified in paragraph "a" or "b" 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 paragraph
      "a" or "b" to be exempt from proceedings pursuant to
      subsection 1.
         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 paragraphs
      "a" through "c".  

         92 Acts, ch 1211, § 1; 95 Acts, ch 125, §8, 9; 98 Acts, ch 1090,
      §71, 84; 2004 Acts, ch 1016, §1; 2006 Acts, ch 1101, §2
         Referred to in § 562A.8, 562A.29A