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SF 2352

A bill for an act relating to eviction procedures, including tenants who pose a clear and present danger, maximum durations for forcible entry and detainer actions, and including applicability provisions.

2025-2026 Regular Session Introduced by Cherielynn Westrich

The bill lets landlords use peace officer affidavits to remove tenants posing clear and present danger, and caps residential evictions at 30 days from notice to quit.

Subcommittee: Schultz, Blake, and Bousselot.
#civilprocedure #eviction #forcibleentryanddetainer #landlordandtenant #rentalproperty
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Bill Summary · SF 2352

Overview

SF 2352 (2025-2026, Iowa) aims to modify eviction procedures when tenants pose a clear and present danger, and to establish a maximum duration for certain residential forcible entry and detainer actions. The bill introduces an alternative to traditional eviction lawsuits via sworn peace officer affidavits, creates a streamlined process to remove dangerous tenants, and sets a 30-day cap on the timeline from notice to quit to order to quit for residential cases. It applies to actions commenced on or after July 1, 2026.

Purpose and intent

  • Enhance landlord ability to remove tenants who pose a clear and present danger to health or safety of others, including neighboring tenants and individuals on or near the property.
  • Accelerate eviction-related procedures in residential cases to reduce delays and prioritize prompt occupancy of property.
  • Provide a streamlined framework for eviction actions while preserving due process protections where appropriate.

Key provisions and changes

  • Section 1 (Expanded eviction options for dangerous tenants)

    • After serving a single three-day notice to quit for conduct creating clear and present danger, a landlord may file:
    • A standard forcible entry and detainer action under chapter 648, or
    • A possession action based on a sworn peace officer affidavit (new authority under subsection 4) indicating the tenant poses a clear and present danger and no exception applies.
    • If the landlord files under chapter 648, the petition must describe the incident(s) leading to the notice, and the tenant may contest the termination with at least three days' notice prior to the hearing.

  • Section 2 (Peace officer affidavit mechanism)

    • If a peace officer determines the tenant poses a clear and present danger and no exception exists, the officer must provide a written, sworn affirmation to the landlord.
    • If the tenant remains in possession after the three-day notice, the landlord may request police removal of the tenant and others occupying the premises, with the peace officer acting as if issuing a removal order from a court.
    • Peace officers acting in good faith under this subsection enjoy civil immunity from liability.

  • Section 3 (Maximum duration for residential forcible entry and detainer actions)

    • In residential evictions, no more than 30 days may pass between the service of the notice to quit and the issuance of the order to quit, if applicable.
    • Courts may not toll or extend this 30-day period unless expressly authorized by statute.
    • Procedural defects that do not materially prejudice a tenant do not invalidate the action.
    • The Iowa Supreme Court must adopt rules to ensure a streamlined process that minimizes nonessential continuances and delays.

  • Section 4 (Applicability)

    • The act applies to actions commenced on or after July 1, 2026.

Affected parties and impacts

  • Landlords:
    • Gain an additional tool to remove tenants who threaten health or safety via sworn peace officer affidavits.
    • Can pursue eviction more quickly through the peace officer removal process when a dangerous tenant is identified.
  • Tenants:
    • Potentially face faster eviction timelines in cases involving threats to safety.
    • Have the opportunity to contest terminations in court for actions filed under chapter 648, with a three-day notice framework.
  • Peace officers:
    • Play a central role in determining danger and in effectuating removal without a court order, subject to immunity protections for good-faith actions.
  • Courts and judiciary:
    • Required to adopt streamlined procedures and rules to minimize delays in residential evictions.

Procedural and timeline considerations

  • Three-day notice to quit is the trigger for action in dangerous-tenant cases.
  • If danger is confirmed and no exception applies, removal by peace officer can occur without a court order after the three-day period.
  • Maximum 30-day window from notice to quit to order to quit for residential evictions; tolling and extension are tightly restricted.
  • Supreme Court is tasked with adopting rules to ensure the process is streamlined and limited in continuances, while preserving due process where applicable.

Effective date

  • The act applies to actions commenced on or after July 1, 2026.

Compiled from official sources — confirm details with the bill’s official record.

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