Iowa Petition for Forcible Entry and Detainer (Eviction Complaint)

IOWA PETITION FOR FORCIBLE ENTRY AND DETAINER — IOWA CODE CHAPTER 648

Before you use this: This petition is for a forcible-entry-and-detainer action filed outside small claims. For a small-claims FED action, use the Iowa Supreme Court-prescribed Original Notice and Petition for Forcible Entry and Detainer (Form 3.6) instead; Iowa Code § 631.15 makes prescribed small-claims forms exclusive. Get the current form from the Iowa Judicial Branch court forms page.

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and the Rental Agreement
4. Grounds for Forcible Entry and Detainer (Iowa Code § 648.1)
5. Pre-Suit Notice — Compliance with § 648.3 and Iowa Code Chapter 562A
6. Federal Program Compliance
7. Related Money Action
8. Prayer for Relief
9. Verification
10. Plaintiff's Attorney Block / Self-Represented Plaintiff
11. Original Notice / Hearing Notice (separate document; reference)
12. Exhibit List
13. Certificate of Service
14. Iowa Practice Notes
15. Sources and References

1. CAPTION

STATE OF IOWA

IN THE IOWA DISTRICT COURT FOR [________________________________] COUNTY

District Court — FED action outside small claims

Case No. [________________________________]

PETITION FOR FORCIBLE ENTRY AND DETAINER

(Iowa Code Chapter 648)

COMES NOW the Plaintiff, by and through undersigned counsel (or pro se), and for the Plaintiff's Petition against the Defendants states as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [LANDLORD NAME] ("Landlord") is the owner / lessor / authorized agent of the premises described in Section 3 and the lessor under the rental agreement at issue. Plaintiff's address is [STREET, CITY, STATE, ZIP].

2.2. Defendant [TENANT 1 NAME] is a person in possession of the premises pursuant to the rental agreement at issue and resides at the premises. Defendant's last known address is the premises and [ALTERNATE ADDRESS, IF ANY].

2.3. Defendant [TENANT 2 NAME] is a person in possession of the premises pursuant to the rental agreement at issue and resides at the premises.

2.4. Defendants "All Other Occupants" are unknown adult occupants of the premises whose names cannot reasonably be ascertained.

2.5. This is an action for possession under Iowa Code chapter 648 filed outside small claims.

2.6. Venue is proper in this County pursuant to Iowa Code § 648.5(1) because the premises are located in this County.

3. THE PREMISES AND THE RENTAL AGREEMENT

3.1. The premises subject to this Petition are described as:

[FULL STREET ADDRESS, INCLUDING UNIT / APARTMENT NO.]
[CITY], [COUNTY] COUNTY, IOWA [ZIP]

(the "Premises").

3.2. On or about [__/__/____], Plaintiff and Defendants entered into:

☐ A written rental agreement (the "Lease"), a true and correct copy of which is attached as Exhibit 1.

☐ An oral month-to-month rental agreement, with rent of $[________] per month due on the [____] day of each month.

☐ A holdover periodic tenancy following expiration of a fixed-term lease originally dated [__/__/____].

3.3. Pursuant to the Lease, Defendants are obligated to pay rent in the amount of $[________] per [month / week], due on the [____] day of each [month / week].

3.4. The Premises are a residential rental dwelling governed by Iowa Code Chapter 562A. None of the specific exclusions in § 562A.5 applies. Identify any exclusion considered and why it does not apply: [________________________________]. The landlord's residence in part of the property is not itself a § 562A.5 exclusion.

3.5. The Premises are NOT a manufactured-home community lot governed by Iowa Code Chapter 562B.

4. GROUNDS FOR FORCIBLE ENTRY AND DETAINER (IOWA CODE § 648.1)

The Plaintiff alleges grounds for FED under Iowa Code § 648.1 (check all that apply and complete):

☐ A. § 648.1(2) — Tenant Holding Over Beyond Term. The Lease term expired on [__/__/____] and Defendants have remained in possession without Plaintiff's consent.

☐ B. § 648.1(3) — Tenant Holding Contrary to Conditions of Lease. Defendants are in material noncompliance with the Lease as described in the pre-suit Seven-Day Notice to Cure or Quit (Exhibit [____]). Despite expiration of the seven-day cure period and the termination date stated therein, Defendants remain in possession.

☐ C. § 648.1(5) — Failure to Pay Rent / Nonpayment. Defendants have failed to pay rent due under the Lease in the amount of $[________] for the periods set forth in Exhibit [____]. Plaintiff served a § 562A.27(2) three-day notice to pay or quit on [__/__/____] (Exhibit [____]); Defendants neither paid nor surrendered possession within three days.

☐ D. § 562A.27A — Clear and Present Danger; § 648.1(2) if Holding Over After Termination. Defendants have engaged in conduct constituting a clear and present danger to the health or safety of other tenants, the Landlord, the Landlord's agents, or other persons on or within one thousand feet of the Premises, as specifically detailed in the Three-Day Notice of Termination (Exhibit [____]). The tenancy terminated on [__/__/____], and Defendants remain in possession.

☐ E. § 562A.27(1) — Recurring Material Noncompliance; § 648.1(2) if Holding Over After Termination. Defendants previously received a § 562A.27(1) notice on [__/__/____] (Exhibit [____]) for substantially the same act or omission, and the breach has recurred within six (6) months. Plaintiff served a written notice on [__/__/____] specifying the recurring breach and a termination date at least seven days after receipt (Exhibit [____]). The tenancy terminated on [__/__/____], and Defendants remain in possession.

☐ F. § 648.1(1) — Forcible Entry. Defendants entered the Premises by force, intimidation, or stealth without Plaintiff's consent and have remained in possession.

☐ G. § 562A.34 — Termination of Periodic Tenancy; § 648.1(2) Holding Over. Plaintiff served a 30-day termination of month-to-month tenancy (or 10-day for week-to-week) on [__/__/____] (Exhibit [____]). The Termination Date passed; Defendants remain in possession.

Specific Factual Allegations:

[NUMBERED PARAGRAPHS — DATE, TIME, NATURE OF BREACH, LEASE PROVISION, WITNESSES, SUPPORTING EXHIBITS]

5. PRE-SUIT NOTICE — COMPLIANCE WITH § 648.3 AND IOWA CODE CHAPTER 562A

5.1. Iowa Code § 648.3 generally requires three days' written notice to quit before an FED action, but expressly waives a second notice to quit when the landlord has already given a valid § 562A.27(2) three-day nonpayment notice and terminated the tenancy.

5.2. Plaintiff served a written notice to quit / termination notice on Defendants on [__/__/____] in compliance with §§ 648.3 and (where applicable) 562A.27, 562A.27A, or 562A.34, as evidenced by:

5.3. Method of service of pre-suit notice (Iowa Code § 562A.29A):

☐ Personal delivery with acknowledged receipt.
☐ Personal service per Iowa R. Civ. P. 1.305.
☐ Posting on the primary entrance door, with the posting date included.
☐ Mailing by both regular and certified mail, completed four days after postmark.

5.4. The notice period(s) have fully expired prior to the filing of this Petition.

5.5. Defendants have not paid all rent due, have not cured the noncompliance, and have not surrendered possession.

6. FEDERAL PROGRAM COMPLIANCE

6.1. Plaintiff certifies one of the following:

☐ No additional federal subsidized-housing program requirement applies to this tenancy, after review of the property and lease.

☐ The Premises participate in [IDENTIFY FEDERAL HOUSING PROGRAM]; Plaintiff identifies the applicable good-cause and notice requirements below.

6.2. ☐ The Premises are subject to additional federal program requirements (Section 8 HCV, Project-Based, LIHTC, USDA-RD, Public Housing, HOME). Plaintiff certifies compliance with all applicable program-specific good-cause and notice requirements; supporting documentation is attached as Exhibit [____].

Under MIMG CLXXII Retreat on 6th, LLC v. Miller, No. 23-0670 (Iowa, amended Apr. 8, 2025), 15 U.S.C. § 9058(c)(1) applies only to rent defaults arising during the 2020 moratorium. Check each subsidized program's separate requirements for this action.

7. RELATED MONEY ACTION

This Petition seeks possession. Iowa Code § 648.19 permits only the specified rent or recovery claims to be filed with an FED action and treats a permitted joint filing as separate cases with separate case numbers. Any separate money action, if filed, is identified here: [CASE NUMBER AND TYPE OF CLAIM, OR "NONE"].

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment as follows:

A. For immediate possession of the Premises and entry of a judgment of forcible entry and detainer in Plaintiff's favor pursuant to Iowa Code § 648.1;

B. Issuance of an execution for Defendants' removal under Iowa Code § 648.22, with execution only in the daytime under § 648.20;

C. Costs as directed by Iowa Code § 648.22; and

D. Such other relief concerning possession as the Court deems just and equitable.

9. VERIFICATION

STATE OF IOWA
COUNTY OF [________________________________]

I, [LANDLORD / AUTHORIZED AGENT NAME], being first duly sworn under oath, depose and state that I am the Plaintiff (or authorized agent of the Plaintiff) in the foregoing action; that I have read the foregoing Petition; and that the factual allegations contained therein are true and correct based upon my personal knowledge, except those matters stated upon information and belief, which I believe to be true.

____________________________________
Signature

Printed Name: [________________________________]
Title: [________________________________]

Subscribed and sworn to before me this [____] day of [______________], 20[____].

____________________________________
Notary Public, State of Iowa
My commission expires: [__/__/____]

10. PLAINTIFF'S ATTORNEY BLOCK / SELF-REPRESENTED PLAINTIFF

Respectfully submitted,

____________________________________
[ATTORNEY NAME], AT[________] (Iowa Bar No.)
[FIRM NAME]
[ADDRESS]
[CITY, IA, ZIP]
Telephone: [____________]
Facsimile: [____________]
Email: [________________________________]
ATTORNEY FOR PLAINTIFF

OR

____________________________________
[LANDLORD NAME], Self-Represented Plaintiff
[ADDRESS]
Telephone: [____________]
Email: [________________________________]

11. ORIGINAL NOTICE / HEARING NOTICE (SEPARATE DOCUMENT; REFERENCE)

Plaintiff requests that the Court set a hearing under Iowa Code § 648.5(1)(a):

☐ Within EIGHT (8) DAYS of filing (default).
☐ No later than FIFTEEN (15) DAYS after filing (Plaintiff requests or consents to the later date).

The Original Notice shall inform Defendants:

(a) Of the date, time, and place of the hearing;

(b) That if the hearing is fewer than three days after service, Defendants may request a continuance to prepare or retain counsel under Iowa Code § 648.5(5);

(c) Of Defendants' right to file an answer and assert defenses, including but not limited to retaliation (§ 562A.36), discrimination (§ 216.8 / FHA), defective notice, habitability (§ 562A.15), and security-deposit setoff (§ 562A.12);

(d) Of the consequences of failing to appear (default judgment).

Plaintiff requests service in accordance with Iowa Code § 648.5(2):

☐ Delivery acknowledged in a signed and dated receipt by a premises resident at least 18 years old, at least three days before the hearing.
☐ Personal service under Iowa R. Civ. P. 1.305, at least three days before the hearing.
☐ After two unsuccessful attempts by either method above, posting on the primary entrance door plus both regular and certified mail, each at least three days before the hearing; file the required affidavits and copies under § 648.5(4).

Service timing, completion by mail, appearance, and any requested continuance are governed by Iowa Code § 648.5(2)-(6).

12. EXHIBIT LIST

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] the foregoing Petition for Forcible Entry and Detainer, together with the Original Notice, was served in accordance with Iowa Code § 648.5(2) by:

☐ Personal service by [NAME OF SHERIFF/PROCESS SERVER], Process Server I.D. [________].

☐ Signed and dated acknowledgment by a premises resident at least 18 years old, obtained at least three days before hearing.

☐ After two unsuccessful delivery or personal-service attempts, posting at the primary entrance and both regular and certified mail to the premises or last known address if different. Posting and mailing occurred at least three days before hearing; attached are the § 648.5(4) affidavits and copies. Mail service is complete four days after deposit and postmark under § 648.5(3).

____________________________________
Signature of Plaintiff / Attorney / Server

Date: [__/__/____]

14. IOWA PRACTICE NOTES

Hearing setting. Iowa Code § 648.5(1)(a) directs the court to set the hearing no later than eight days after filing, or no later than fifteen days if the plaintiff requests or consents to the later date. Subsection (1)(b) says this initial-setting requirement is not jurisdictional. Prepare the lease, notices, proofs of service, ledger, and other evidence before filing.

Pre-suit notice. Confirm that the notice required by the pleaded ground under § 562A.27, § 562A.27A, § 562A.34, or § 648.3 was given. Keep a copy and the delivery record for the hearing. Section 648.5(4) separately requires affidavits by the hearing when the court's original notice was served by posting and mailing; it does not impose a notarized pre-suit notice affidavit.

Right to continuance after short service. Under § 648.5(5), the court must grant a defendant's request for a continuance when the hearing is fewer than three days after service or notice is satisfied by appearance. Apply the separate three-day service rules in subsection (2).

Genuine issue of material fact. Section 648.5(7) requires this determination except for actions commenced as small claims under chapter 631. If such an issue exists in a non-small-claim action, the court sets a future evidentiary hearing and appropriate discovery and trial-preparation orders.

Small claims. Section 631.1(2) gives the district court sitting in small claims concurrent FED jurisdiction only for § 648.1(1), (2), (3), and (5) grounds. Section 631.15 requires the Supreme Court-prescribed forms for that route, including the court's Form 3.6. Use that form for a small-claims FED filing. Section 631.1(1)'s $6,500 ceiling addresses a separate money judgment claim.

Removal order and timing. Under § 648.22, a judgment for the plaintiff directs removal and an execution for removal within three days from judgment. Section 648.20 limits execution of the removal order to daytime. Section 648.18 instead bars this proceeding after thirty days' peaceable possession with the plaintiff's knowledge following accrual; § 648.19 governs joinder and counterclaims.

No self-help. Iowa Code § 562A.33 limits a landlord's recovery of possession to abandonment, surrender, or action permitted by Chapter 562A. Section 562A.26 gives the tenant remedies for unlawful ouster or reduced essential services. Wait for the removal order.

Mobile home parks. Use Iowa Code Ch. 562B procedure for manufactured-home community lots — different cure periods, different notice content (e.g., 90-day notice for rent increase under § 562B.14(7), separate clear-and-present-danger procedure under § 562B.25A).

Federal subsidies. Section 8 HCV requires good cause; project-based requires HUD-prescribed forms; the LIHTC extended-use commitment must prohibit eviction or termination without good cause under 26 U.S.C. § 42(h)(6)(B)(i), incorporating (E)(ii)(I); USDA-RD requires HB-2 compliance. Plead and prove subsidy compliance.

Verify 2025–2026 amendments. Iowa enacted SF 2268 (2024) on assistance animals and HF 2204 (2024) emergency rental assistance integration. Verify all current Ch. 562A, Ch. 562B, Ch. 648, and Ch. 216 amendments before filing.

15. SOURCES AND REFERENCES

• Iowa Legislature, Iowa Code Chapter 648 (Forcible Entry and Detainer): https://www.legis.iowa.gov/docs/code/648.pdf
• Iowa Legislature, Iowa Code § 648.1 (Grounds): https://www.legis.iowa.gov/docs/code/648.1.pdf
• Iowa Legislature, Iowa Code § 648.3 (Notice to Quit): https://www.legis.iowa.gov/docs/code/648.3.pdf
• Iowa Legislature, Iowa Code § 648.5 (Venue, original notice, hearing): https://www.legis.iowa.gov/docs/code/648.5.pdf
• Iowa Legislature, Iowa Code § 631.15 (exclusive small-claims forms): https://www.legis.iowa.gov/docs/code/2026/631.15.pdf
• Iowa Legislature, Iowa Code Chapter 562A (URLTA): https://www.legis.iowa.gov/docs/ico/chapter/562a.pdf
• Iowa Legislature, Iowa Code §§ 562A.26, 562A.33 (ouster remedies and limits on possession recovery): https://www.legis.iowa.gov/docs/ico/chapter/562A.pdf
• Iowa Legislature, Iowa Code Chapter 562B (Mobile Home Parks): https://www.legis.iowa.gov/docs/ACO/IC/LINC/Chapter.562B.pdf
• Iowa Legislature, Iowa Code § 562A.27 (Termination grounds): https://www.legis.iowa.gov/docs/code/562a.27.pdf
• Iowa Legislature, Iowa Code § 562A.27A (Clear and present danger): https://www.legis.iowa.gov/docs/code/562A.27A.pdf
• Iowa Legislature, Iowa Code § 562A.34 (Periodic tenancy): https://www.legis.iowa.gov/docs/code/562A.34.pdf
• Iowa Legislature, Iowa Code § 562A.36 (Retaliation): https://www.legis.iowa.gov/docs/code/562A.36.pdf
• Iowa Judicial Branch, Instructions for Filing a Petition for Forcible Entry and Detainer: https://www.iowacourts.gov/browse/files/a5f1cae3a9ca491ab35473050058ca7e/download
• Iowa Judicial Branch, "What is Forcible Entry and Detainer or FED?" FAQ: https://www.iowacourts.gov/faq/what-is-forcible-entry-and-detainer-or-fed
• Iowa People's Law Library, Forcible Entry and Detainer Hearings: https://www.peopleslawiowa.org/index.php/research-topics/landlordtenant-law/evictions/forcible-entry-and-detainer-hearings
• Iowa Legal Aid: https://iowalegalaid.org/resource/landlord-and-tenant-law-questions-and-answers/
• Iowa R. Civ. P. 1.302–1.305 (Service of original notice): https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/01-09-2024.1.pdf
• CARES Act § 4024, 15 U.S.C. § 9058: https://www.congress.gov/bill/116th-congress/house-bill/748
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.: https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview