Des Moines Eviction Court Steps 2026–27: The 3-Day Notice, the FED Hearing and the Polk County Help Desk
Updated: Oct 23
A Des Moines eviction case moves through the Polk County Courthouse quickly, and the single most important step is showing up to your hearing. Here is each stage, from the first notice to an appeal, and where to get free help.
AT A GLANCE
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In Iowa, an eviction case is called a forcible entry and detainer, or FED. If you rent in Des Moines, your case will be heard at the Polk County Courthouse, and it can move quickly. The most important rule is simple: go to your hearing. Iowa Legal Aid warns that if you don't show up, you are guaranteed to be evicted, even if you had a defense.
This guide walks through each step for Des Moines renters: the notices, how they must be served, the hearing, the order of removal and appeal, and where to get free help. It is based on Iowa Legal Aid, the Iowa Judicial Branch and the State Library of Iowa's People's Law Library. This explains how the process generally works in Des Moines; it is not legal advice for your own case.
Step 1: The Notice
Iowa Legal Aid says landlords nearly always have to give a written notice before filing an eviction case, and the notice depends on the reason. There are six common kinds:
Notice | Time | Can you fix it? |
|---|---|---|
Nonpayment of rent | 3 days | Yes, by paying within 3 days |
Clear and present danger | 3 days | Only by giving proof before the lawsuit starts, if you didn't cause the problem |
Other lease violation (cure notice) | 7 days | Yes, by fixing the problem |
Repeat violation within 6 months | 7 days | No |
Month-to-month termination | At least 30 days | No |
Notice to quit (after a 7-day or 30-day notice) | 3 days | No; the case can't be filed until the 3 days pass |
In more detail:
3-day notice of nonpayment of rent. The notice must say the lease will end if rent isn't paid within 3 days. This gives you a "right to cure." The Iowa Judicial Branch says that if you pay within three days of getting the notice, the landlord cannot evict you. Iowa Legal Aid adds that the landlord must give a new 3-day notice each time rent isn't paid, and if the landlord doesn't give the right notice, the court may dismiss the case.
3-day notice of clear and present danger. This covers things that put other tenants, the landlord or staff in danger, on or within 1,000 feet of the property, such as physically assaulting or threatening someone, illegally using or possessing a firearm, or possessing illegal drugs. If you didn't cause the problem, Iowa Legal Aid says you may be able to keep the person away by getting a domestic abuse protection order, reporting the person to law enforcement, or sending a trespass letter and giving a copy to law enforcement. You must give the landlord proof before the landlord starts the lawsuit.
7-day notice to cure other lease violations. For most other lease violations, the landlord must give you 7 days to fix the problem. If you fix it, the lease does not end.
7-day termination after a prior cure notice. If the same type of violation happens again within 6 months, the landlord can give a 7-day termination notice with no chance to fix it.
30-day termination notice. Either side can end a month-to-month tenancy with at least 30 days' written notice, given at least 30 days before the next rent due date. Iowa Legal Aid's example: a notice given September 10 can't end the tenancy October 10; the earliest end date would be November 1. A landlord can't end a tenancy for an illegal reason, such as race.
3-day notice to quit. After a 7-day cure notice that wasn't fixed, a 7-day termination notice or a 30-day termination notice, the landlord must also give a 3-day notice to quit. The landlord can't file an eviction case until those three days pass. If the landlord files early, Iowa Legal Aid says the court should dismiss the case at the hearing.
Step 2: Check How the Notice Was Served
Iowa Legal Aid says a landlord can serve notices in one of these ways:
personal service by a process server;
hand delivery by the landlord, if you sign an acknowledgment of service;
certified mail, if you sign a dated receipt; or
posting on your main entrance and sending it by both regular and certified mail.
Extra time for mailed notices. If the rent notice is mailed, the law assumes it takes four days to arrive. So if it's mailed and posted, you have 7 days from the mailing date to pay. In Iowa Legal Aid's example, a notice mailed on a Monday is treated as received Friday, and you have until the end of the next Monday to pay.
What to do now. Pay within the deadline if you can and keep a receipt. Apply right away for any rental assistance you may qualify for; Iowa Legal Aid says the earlier you start, the better your chance of avoiding eviction.
Step 3: The Court Papers
If you don't pay or move, the landlord can file an FED case. The People's Law Library says the court will schedule a hearing, and another notice must be served on you telling you about it. Find the hearing date and time on those papers and put it on your calendar immediately.
You can prepare a written answer with your defenses before the hearing, but you aren't required to. You can also raise your defenses at the hearing. You can file counterclaims as well, explaining, for example, why the landlord owes you money.
Step 4: Get Free Legal Help Before Your Hearing
Iowa Legal Aid. If you can't afford a lawyer, you may qualify for free help. Call 1-800-532-1275 or apply online at iowalegalaid.org, available 24/7. Iowa Legal Aid says it's always better to seek help before the day of your hearing.
The Polk County Eviction Help Desk. Iowa Legal Aid runs an eviction diversion help desk at the Polk County Courthouse, 222 5th Avenue, Des Moines, on the second floor next to the elevator. Follow the Iowa Legal Aid signs. The desk is open weekday mornings and afternoons. It opens 45 minutes before the first morning FED hearing and closes 30 minutes before the last morning hearing, then reopens 45 minutes before the first afternoon hearing and closes 30 minutes before the last one.
Arrive at least 45 minutes before your hearing. Bring every document your landlord gave you, including the envelopes, and your lease if you have one. The help desk may be able to refer you to agencies giving out rental assistance. Representation is not guaranteed.
Go to your hearing. Iowa Legal Aid warns that if you don't show up, you are guaranteed to be evicted, even if you had a defense.
Step 5: The FED Hearing
The landlord must prove the right to take back the property and that proper legal notice was given. The Iowa Judicial Branch says the landlord must follow very specific steps, and if the right notice wasn't given, the court may dismiss the case.
If you don't attend, the People's Law Library says the landlord will get a default judgment, an order to evict you simply because you weren't there.
Bring:
your lease and every notice and envelope,
rent receipts, bank records or money order stubs,
texts, emails and photos,
proof of any rental assistance application, and
proof of any steps you took to cure the problem.
Step 6: The Order of Removal and Writ of Possession
If the court rules for the landlord, it issues an Order of Removal. The People's Law Library says the landlord can then ask the clerk for a Writ of Possession and schedule an eviction date with the sheriff's office.
Step 7: Appeals
The losing party can file an appeal within 20 days of the judgment. But the People's Law Library warns that if you lose, you will still need to move out even if you appeal. A notice of appeal form for small claims is on the Iowa Judicial Branch's Court Forms page.
Step 8: Getting Your Belongings Back
The Iowa Judicial Branch says that if you still have possessions in the rental after the eviction, you must apply to the court in writing by e-filing an application in your case and giving a copy to the other side. The judge will set a hearing to decide what you may remove, when and under what conditions.
Before you call
☐ Identify which notice you got and count the days (add 4 days if mailed).
☐ Pay within the rent notice period if you can and keep proof.
☐ Apply for rental assistance right away.
☐ Call Iowa Legal Aid: 1-800-532-1275.
☐ Write down your hearing date and time.
☐ Arrive at the Polk County Courthouse help desk 45 minutes early.
☐ Bring all notices, envelopes and your lease.
☐ If you lose, know that an appeal must be filed within 20 days and doesn't let you stay.
Frequently Asked Questions
If I pay the rent within 3 days, can I still be evicted for that month? No. The Iowa Judicial Branch says the landlord cannot evict you if you pay within three days of getting the notice.
Do I have to file an answer? No, though you can. You can raise defenses at the hearing.
What if I can't contact Iowa Legal Aid before court? Go anyway. Iowa Legal Aid says it may be able to help on the day of the hearing, especially if you arrive 45 minutes early.
Can my landlord just put me out? No. The People's Law Library says a landlord must first win an FED action.
WHAT TO DO THIS WEEK
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