No Eviction, No Repossession, No Foreclosure Without a Judge — and a Rent Ceiling of $1,200
During military service a landlord may not terminate a service member’s tenancy for nonpayment of rent where the rent is less than $1,200 a month, and a court may stay a possession action for up to three months. A creditor may not repossess under an installment contract or foreclose a mortgage entered into before service without a court order, and doing so knowingly is a serious misdemeanor. Dependants may claim the same relief on application to a court. The subchapter’s own definition section limits all of it to state-status duty of at least thirty consecutive days.
Verified August 23, 2026
What this benefit is
During military service a landlord may not terminate a service member’s tenancy for nonpayment of rent where the rent is less than $1,200 a month, and a court may stay a possession action for up to three months. A creditor may not repossess under an installment contract or foreclose a mortgage entered into before service without a court order, and doing so knowingly is a serious misdemeanor. Dependants may claim the same relief on application to a court. The subchapter’s own definition section limits all of it to state-status duty of at least thirty consecutive days.
What it's worth: Eviction for nonpayment barred below $1,200 monthly rent; up to a three-month stay; no repossession or foreclosure without a court order
- The $1,200 is the statutory rent ceiling on the eviction protection, not a payment to anyone. Above that figure the protection in subsection 1 does not apply, though the discretionary stay in subsection 2 is not written with a rent limit.
- The weight reflects the cost of an eviction or a repossession avoided — moving, a deficiency balance, and the credit consequence — rather than any sum received.
- The figure has not been indexed. It is the number the section carries as enacted, which is why it now bites in fewer tenancies than it once did.
Who is entitled to it
- You have a service connection, which is where these sections start.
- You are in this state.
Not sure whether that describes you?
Answer a few questions about this benefit specifically — we only ask what this one actually depends on, and we stop as soon as we know.
How to claim it
Deadline: Raise it in the action; §29A.104 relief runs to thirty days after discharge- 1Check the rent against the ceiling first. The bar on terminating for nonpayment applies where the rent on the premises occupied is less than one thousand two hundred dollars per month. A court may still allow an eviction or recovery of property under chapter 646 or 648.
- 2Ask for the stay separately. In any action affecting the right of possession the court may, on its own motion, stay the proceedings for not longer than three months, or make any other order it determines reasonable and just — unless it finds your ability to pay the agreed rent is not materially affected by military service.
- 3The landlord is not left without a remedy, and saying so early usually helps: where a stay is granted the owner of the premises may apply for relief similar to that given service members under §§29A.102 through 29A.104.
- 4On an installment contract for real or personal property including a motor vehicle, entered into before you entered service, the creditor may not terminate or repossess for nonpayment or breach during service without a court order. Knowing repossession outside that route is a serious misdemeanor.
- 5On a mortgage entered into before service, the same bar applies to foreclosure. To come within §29A.103 you must establish four things: the obligation is secured by a mortgage, trust deed or similar security on real or personal property; it originated before you entered service; you owned the property before service began; and you own it at the time relief is sought.
- 6Use §29A.104 for the wider stay. A member may apply at any time during service, or within thirty days after discharge or termination of service, for relief on any obligation incurred before service — and while a stay holds, no fine or penalty accrues for failure to comply with the obligation.
- 7A dependant is covered, but by a different route: §29A.100 gives dependants the benefits of §§29A.101 through 29A.105 on application to a court, unless the court thinks the dependant’s ability to comply has not been materially impaired by the member’s service.
- 8The governor may order an allotment of a member’s pay in reasonable proportion to discharge the rent of premises occupied by the member’s dependants. It is rarely used and worth naming if a family is stranded.
- Form
- No application form — raise the sections in the possession, repossession or foreclosure action
- File with
- The Iowa district court hearing the action
- No renewal
- Once granted it does not need renewing.
Sources
- authority · statuteIowa Code §29A.101 — Termination of lease or rental agreement — exceptions (no termination for nonpayment where rent is under $1,200 a month; stay of up to three months; simple misdemeanor)
- operating · statuteIowa Code §29A.102 — Installment contracts: no termination or repossession during service without a court order; knowing repossession a serious misdemeanor
- operating · statuteIowa Code §29A.103 — Mortgage foreclosures: no foreclosure during service without a court order; the four conditions the member must establish
- operating · statuteIowa Code §29A.104 — Application for relief during service or within thirty days after discharge; no fine or penalty accrues during a stay
- operating · statuteIowa Code §29A.100 — Dependent benefits: dependants entitled to §§29A.101–29A.105 on application to a court
- operating · statuteIowa Code §29A.90 — Definitions: "military service" means full-time national guard duty or state active duty for at least thirty consecutive days commencing on or after 12 April 2012; "service member" means a member of the military forces of the state performing military service; "dependent" and "interest" defined
This finder provides an informational match, not a government eligibility determination. The responsible agency decides your application.