Iowa Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Multi-State
Control #:
US-03314BG
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Word; 
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

Sometimes the tenant can make repairs and deduct the cost from rent owed to the landlord. Very specific steps must be taken to end an agreement or withhold rent. A tenant should also consider contacting the Housing Inspector if a landlord fails to make necessary repairs and maintain the house or apartment.

The tenant cannot unreasonably refuse to allow the landlord to enter the apartment or house to make necessary repairs or inspections. This also applies to repairer or technician sent by the landlord. In the case of an emergency, the landlord may enter the tenant's home at any time, even without the tenant's consent.

Verbal threats, threats of physical violence, or actual physical contact are all examples of landlord harassment. Also, keep in mind that verbal threats can occur via face-to-face interaction, over the phone, or in writing.

Ing to landlord-tenant clauses in Iowa, landlords must provide at least 24-hours notice before entry. While this is the "norm," the landlord and tenant may come up with their own terms of notification for access.

Landlords can enter without notice for emergencies, such as leaking pipes or fires. Remember, you may also have rights under federal law, other state laws, or local laws that go beyond Iowa's Landlord-Tenant Act.

1. a. An action for forcible entry and detainer shall be brought in a county where all or part of the premises is located.

648.3 Notice to quit. Before action can be brought under any ground specified in section 648.1, except section 648.1, subsection 1, three days' notice to quit must be given to the defendant in writing.

All motions for continuance in a case set for trial shall be signed by counsel, if any, and approved in writing by the party represented, unless such approval is waived by court order.

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Iowa Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand