Iowa Code

Iowa Code § 562A.34 (2026)

Periodic tenancy — holdover remedies

✓ current as of July 2026

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1. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice. 2. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice. 3. The landlord or the tenant may terminate a tenancy having a term longer than month-to-month by a written notice given to the other at least thirty days prior to the end of the first or subsequent term of the tenancy specified in the notice. 4. If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord, in addition, may recover the actual damages sustained by the landlord and reasonable attorney fees. If the landlord consents to the tenant’s continued occupancy, section 562A.9, subsection 5 applies. [C79, 81, §562A.34] 2006 Acts, ch 1037, §1 Referred to in §562A.14, 562A.29A

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1982–2022 · leading case: Hunter v. City of Des Moines Mun. Hous. Auth., 742 N.W.2d 578 (Iowa 2007).

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Hunter v. City of Des Moines Mun. Hous. Auth., 742 N.W.2d 578 (Iowa 2007). · cites it 11× “Iowa Code § 562A.34(2). A separate set of rules govern the termination of a lease by a landlord prior to the termination date in the lease agreement for noncompliance with the lease terms.”

Sunset Mobile Home Park v. Parsons, 324 N.W.2d 452 (Iowa 1982). · cites it 2× “The Uniform Residential Landlord and Tenant Act was enacted concurrently with chapter 562B and provides in section 562A.34(2) that either party may terminate a month-to-month tenancy by written notice given at least “thirty days prior to the periodic rental date.”

Bernet v. Rogers, 519 N.W.2d 808 (Iowa 1994). · cites it 2× “She asserted, among other things, that she *810 was a tenant at will and as such was entitled to a thirty-day written notice of termination pursuant to Iowa Code section 562A.34(2) (1993). She also asserted that Skip permitted her to remain in peaceful possession for thirty…”

Sarah Barke v. D & D Real Est. Holdings, LLC (Iowa Ct. App. 2022). · cites it 6× “36(1),8 and D&D’s nonrenewal of the lease was done with proper notice as required under section 562A.34(2).9 When interpreting statutes, our supreme court has directed, “Identical statutory language in different statutes should be given much the same meaning.”

Charmaine Hunter Vs. City Of Des Moines Mun. Hous. Auth., Russell Underwood, Theresa Taylor & Tangela Weiss (Iowa 2007). · cites it 9× “Compare Iowa Code § 562A.34(2) (landlord may terminate month-to-month tenancy by giving thirty days’ written notice) with Iowa Code § 562A.”

Steven B. Bassman & Penny A. Bassman v. Denise Aaron (Iowa Ct. App. 2014). · cites it 4× “Consequently, pursuant to the contractual term and Iowa Code section 562A.34(4),4 the Bassmans properly brought an action for possession, following the completion of the forfeiture action under chapter 656.”

Gary N. Porter & Lori Porter v. Richard L. Harden & Janice Harden (Iowa Ct. App. 2016). · cites it 2× “” See Iowa Code § 562A.34(3) (2015). On the expiration of the thirty-day period, they sent the Hardens a three-day notice to quit.”

— Iowa Code § 562A.34(2) — 5 cases

Hunter v. City of Des Moines Mun. Hous. Auth., 742 N.W.2d 578 (Iowa 2007). “Iowa Code § 562A.34(2). A separate set of rules govern the termination of a lease by a landlord prior to the termination date in the lease agreement for noncompliance with the lease terms.”

Sunset Mobile Home Park v. Parsons, 324 N.W.2d 452 (Iowa 1982). “The Uniform Residential Landlord and Tenant Act was enacted concurrently with chapter 562B and provides in section 562A.34(2) that either party may terminate a month-to-month tenancy by written notice given at least “thirty days prior to the periodic rental date.”

Bernet v. Rogers, 519 N.W.2d 808 (Iowa 1994). “She asserted, among other things, that she *810 was a tenant at will and as such was entitled to a thirty-day written notice of termination pursuant to Iowa Code section 562A.34(2) (1993). She also asserted that Skip permitted her to remain in peaceful possession for thirty…”

Sarah Barke v. D & D Real Est. Holdings, LLC (Iowa Ct. App. 2022). “36(1),8 and D&D’s nonrenewal of the lease was done with proper notice as required under section 562A.34(2).9 When interpreting statutes, our supreme court has directed, “Identical statutory language in different statutes should be given much the same meaning.”

Charmaine Hunter Vs. City Of Des Moines Mun. Hous. Auth., Russell Underwood, Theresa Taylor & Tangela Weiss (Iowa 2007). “Compare Iowa Code § 562A.34(2) (landlord may terminate month-to-month tenancy by giving thirty days’ written notice) with Iowa Code § 562A.”

— Iowa Code § 562A.34(3) — 3 cases

Gary N. Porter & Lori Porter v. Richard L. Harden & Janice Harden (Iowa Ct. App. 2016). “” See Iowa Code § 562A.34(3) (2015). On the expiration of the thirty-day period, they sent the Hardens a three-day notice to quit.”

— Iowa Code § 562A.34(4) — 2 cases

Steven B. Bassman & Penny A. Bassman v. Denise Aaron (Iowa Ct. App. 2014). “Consequently, pursuant to the contractual term and Iowa Code section 562A.34(4),4 the Bassmans properly brought an action for possession, following the completion of the forfeiture action under chapter 656.”

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