Legal Issues


Iowa Supreme Court Issues Order on Federal CDC Eviction Order - October 2, 2020

Jodie Clark McDougal

This afternoon, the Iowa Supreme Court issued an order implementing the previously issued Centers for Disease Control (CDC) order temporarily halting certain nationwide residential nonpayment evictions when tenants invoke the protections of the CDC Order.

 

Signed today, the order provides procedures regarding the implementation of the CDC’s order, as well as an Evictions Declaration form with instructions. 

 

Below are a few highlights from the order. Early next week, we will provide a detailed analysis and the implications for Iowa landlords. 

  • Through December 31, 2020, if the court determines in a forcible entry and detainer (FED) action that a signed Evictions Declaration has been provided to the landlord or owner by the tenant(s), lessee(s), or resident(s) of a property covered by the CDC Order, and that the FED action is based on nonpayment of rent or failure to make a housing payment, the court shall continue the FED action to a date after December 31, 2020, or if necessary, dismiss it without prejudice. If the judgment has already been entered, enforcement of the judgment shall be stayed/paused through December 31, 2020.

  • All adults listed on the lease, rental agreement, or housing contract for the property must complete and sign an Evictions Declaration form.

  • This order does not prevent the eviction of a tenant, lessee, or resident for a reason other than the nonpayment of rent and does not prevent evictions where the lease was terminated for a reason other than the nonpayment of rent.

  • This order does not prevent someone from challenging the validity of the CDC order.

 

Further information on the CDC order is covered in previous blog posts:



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