Iowa Code

Iowa Code § 562.4 (2026)

Tenant at will — notice to terminate

✓ Iowa Code 2026 (laws through the 2025 session)
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A person in the possession of real estate, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown, and thirty days’ notice in writing must be served upon either party or a successor of the party before termination of the tenancy. However, if\n\nTue Dec 09 22:00:57 2025 Iowa Code 2026, Chapter 562 (25, 0) §562.4, OWNER-LESSOR AND TENANT-LESSEE 2\n\na rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than the interval. [C51, §1208, 1209; R60, §2216, 2218; C73, §2014, 2015; C97, §2991; C24, 27, 31, 35, 39, §10159; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §562.4] 83 Acts, ch 132, §2 Referred to in §562.9 Three-day forcible entry notice, §648.3 and 648.4

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Notes of Decisions
Cited in 18 cases, 1948–2016 · leading case: Hallett Constr. Co. v. Meister, 713 N.W.2d 225 (Iowa 2006).
Hallett Constr. Co. v. Meister, 713 N.W.2d 225 (Iowa 2006). · cites it 4× “Meanwhile, disagreements over payment for materials being removed by Hallett continued, and on December 18, 2002, the Meisters served Hallett with a termination of tenancy pursuant to Iowa Code section 562.4 (2001). 1 The Meisters asserted Hallett had failed to pay for ma *229…”
Wernet v. Jurgensen, 43 N.W.2d 194 (Iowa 1950). · cites it 12× “Section 562.4 Code of Iowa 1950, I.C.A., provides: "Any person in the possession of real estate, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown, and thirty days notice in writing must be given by either party before he can terminate…”
Crawley v. Price, 692 N.W.2d 44 (Iowa Ct. App. 2004). · cites it 6× “Crawley claims she was a tenant at will, under Iowa Code section 562.4, in a house owned in succession by the defendants, which entitled her to the protections of Iowa Code chapters 562 and 562A.”
Potter v. Henry Field Seed Co., 32 N.W.2d 385 (Iowa 1948). · cites it 4× “The court found against the defendant and decreed that a writ of possession issue. From this order of the court defendant appeals.”
Bernet v. Rogers, 519 N.W.2d 808 (Iowa 1994). · cites it 2× “Whether Sharon was a tenant at will turns on our interpretation of Iowa Code section 562.4, which provides: A person in the possession of real estate, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown, and thirty days’ notice in writing…”
Town of Lakota v. Gray, 35 N.W.2d 841 (Iowa 1949). · cites it 4× “tenant at will, entitled to a thirty-day notice under Code section 562.4. Again defendant is under the handicap he assumed by relying on a motion instead of an answer.”
Roshek Realty Co. v. Roshek Bros. Co., 87 N.W.2d 8 (Iowa 1957). · cites it 2× “In the Reynolds case plaintiffs served defendant with the thirty-day notice required by what is now Code section 562.4, thereby indicating their lack of assent to defendant’s occupancy, but did not commence action for more than thirty days.”
McCarter v. Uban, 166 N.W.2d 910 (Iowa 1969). · cites it 2× “Appellants contend the court erred in finding that Uban (hereinafter called the appellant) was a tenant at will whose tenancy could be terminated by a thirty-day notice under section 562.4, Code of 1966. This section provides in part: “Any person in the possession of real…”
Sunset Mobile Home Park v. Parsons, 324 N.W.2d 452 (Iowa 1982). “Tenancies at will or tenancies for a term are two common forms of tenancies in Iowa. The former is easily created, for “[a]ny person in the possession of real estate, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown.”
Read v. Est. of Mincks, 176 N.W.2d 192 (Iowa 1970). · cites it 2× “7 are inapplicable when a farm tenant dies subsequent to November 1st; (2) a farm lease is a personal contract, terminating on death of the tenant; and (3) a sale of farm machinery by deceased tenant’s legal representative constituted an abandonment of the leasehold. I. Our…”
Brown v. State Cent. Bank, 459 F. Supp. 2d 837 (S.D. Iowa 2006). · cites it 4× “Iowa Code § 562.4 . The bank disputes the element of “assent,” but the Court takes it as true for summary judgment purposes that Mr.”
In the Matter of Chicago, Rock Island & Pac. R.R. Co., Debtor. Appeal of Farmers Coop. Elevator, Rake, Iowa, 753 F.2d 56 (7th Cir. 1985). “The Trustee does not dispute that he accepted Farmers’ continued possession of the property until the sale was complete despite Farmers’ failure to pay the holdover rent demanded by the Trustee.”
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