Iowa Petition for Forcible Entry and Detainer (Eviction Complaint)

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

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 CARES Act Compliance
7. Damages and Holdover Rent
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

☐ Small Claims Division — Iowa Code Ch. 631 (claim ≤ $6,500)
☐ District Court — claim > $6,500 or possession-only (general jurisdiction)

Case No. SCSC[________________________________] / EQCV[________________________________]

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. Subject-matter jurisdiction is conferred on this Court by Iowa Code §§ 648.1 and 648.5. ☐ Concurrent small-claims jurisdiction under Iowa Code § 631.1 applies because the amount in controversy does not exceed $6,500. ☐ District-court jurisdiction is invoked because the amount in controversy exceeds $6,500 OR Plaintiff seeks equitable relief beyond the magistrate's authority.

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 governed by Iowa Code Chapter 562A (Iowa URLTA) because: ☐ they are residential rental property; ☐ they are not exempted under Iowa Code § 562A.5 (e.g., not owner-occupied, not transient hotel, not employer-furnished housing of seasonal agricultural worker, etc.).

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(4) — 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. § 648.1(5) — Clear and Present Danger / § 562A.27A. 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 [____]).

☐ E. § 648.1(6) — Recurring Material Noncompliance under § 562A.27(3). Defendants previously received a § 562A.27(1) notice on [__/__/____] (Exhibit [____]) for the same act or omission, and the breach has recurred within six (6) months. Plaintiff served a seven-day notice of termination without cure on [__/__/____] (Exhibit [____]).

☐ 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. § 648.1(7) — Termination of Periodic Tenancy under § 562A.34. Plaintiff served a 30-day no-cause 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 requires three (3) days' written notice to quit before commencement of an FED action.

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.6):

☐ Personal delivery with acknowledged receipt.
☐ Personal service per Iowa R. Civ. P. 1.305.
☐ Posting on primary entrance + first-class mail + certified mail.

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 CARES ACT COMPLIANCE

6.1. Plaintiff certifies one of the following:

☐ The Premises are NOT a "covered dwelling" under 15 U.S.C. § 9058(a)(2). The property does not have a federally backed mortgage loan and does not participate in any covered federal housing program.

☐ The Premises ARE a "covered dwelling" under 15 U.S.C. § 9058(a)(2). Plaintiff served a thirty (30) day notice to vacate on [__/__/____] (Exhibit [____]) in compliance with 15 U.S.C. § 9058(c).

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 [____].

7. DAMAGES AND HOLDOVER RENT

7.1. Unpaid Rent. Defendants owe rent in the amount of $[________] for the periods specified in Exhibit [____].

7.2. Late Fees and Charges (if recoverable under Lease). $[________].

7.3. Holdover Damages. Pursuant to Iowa Code § 562A.34(3), Plaintiff seeks holdover damages of up to one and one-half (1.5) times the periodic rent or actual damages, whichever is greater: $[________].

7.4. Property Damage. $[________] for damage caused by Defendants in violation of § 562A.17 and the Lease (itemized in Exhibit [____]).

7.5. Costs. Filing fee, service fee, and statutory costs.

7.6. Attorney Fees. Plaintiff seeks attorney fees if recoverable under the Lease or under Iowa Code § 562A.36 (in retaliation defense), § 535.2(2) (interest), or other applicable statute.

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 a writ of removal authorizing the sheriff to remove Defendants and all occupants from the Premises pursuant to Iowa Code §§ 648.18–648.19;

C. Money judgment for unpaid rent in the amount of $[________];

D. Money judgment for holdover damages of $[________] under Iowa Code § 562A.34(3);

E. Money judgment for property damages of $[________];

F. Money judgment for late fees, returned-check fees, and other Lease-authorized charges in the amount of $[________];

G. Court costs and filing fees;

H. Attorney fees as recoverable under the Lease and applicable law;

I. Pre-judgment and post-judgment interest at the statutory rate; and

J. Such other and further relief 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 Clerk of Court issue an Original Notice setting a hearing on this Petition pursuant to Iowa Code § 648.5(2):

☐ Within EIGHT (8) DAYS of filing (default).
☐ Within FIFTEEN (15) DAYS of filing (Plaintiff requests this extended date).

The Original Notice shall inform Defendants:

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

(b) That if served fewer than three (3) days before the hearing, Defendants have the right to request a continuance to retain counsel or prepare for the hearing under Iowa Code § 648.5(3);

(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 § 648.22 and Iowa R. Civ. P. 1.305:

☐ Personal service by sheriff or process server.
☐ Posting + mailing (where authorized).
☐ Publication (only upon court order and showing of due diligence).

Service must be effected at least three (3) days before the hearing. Iowa Code § 648.5(3).

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 issued by the Clerk of Court, was served upon Defendants in accordance with Iowa Code § 648.22 and Iowa R. Civ. P. 1.305 by:

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

☐ Posting + first-class mail + certified mail to the dwelling unit and to Defendants' last known address. Service deemed complete four (4) days after postmark.

☐ Service by publication, pursuant to Court order dated [__/__/____].

____________________________________
Signature of Plaintiff / Attorney / Server

Date: [__/__/____]

14. IOWA PRACTICE NOTES

Eight-day hearing window. Iowa Code § 648.5(2) is the fastest residential eviction docket in the country alongside Texas. Plan all evidence — lease, notices with sworn proofs of service, ledger, photographs — to be in hand the day of filing.

Pre-suit notice is jurisdictional. Defective or missing § 562A.27 / § 562A.27A / § 562A.34 / § 648.3 notice is the most common dispositive defense at FED hearing. Attach the notice AND a notarized affidavit of service to the petition.

Right to continuance preserves due process. § 648.5(3) lets the defendant continue the hearing if served fewer than 3 days out. Plan service at least 5 days before hearing.

Genuine issue of material fact. § 648.5(2) requires the magistrate to determine if a "genuine issue of material fact" exists; if so, the hearing is continued to a future date with discovery and trial preparation orders. This is the procedural lifeline for tenants raising habitability or retaliation defenses.

Small claims vs. district court. Small-claims FED (Ch. 631) can adjudicate possession + money up to $6,500 and is heard by a magistrate. District court is required for higher money claims, equitable relief, or class issues.

Writ of removal timing. § 648.18 — issued upon judgment for plaintiff. § 648.19 — sheriff cannot execute the writ for at least 3 days after issuance (and may not on Sundays or legal holidays). Some sheriffs require additional scheduling.

No self-help. Iowa Code § 562A.26 forbids self-help eviction. Wait for the writ.

Mobile home parks. Use Iowa Code Ch. 562B procedure for manufactured-home community lots — different cure periods, different notice content (e.g., 60-day notice for rent increase under § 562B.18, separate clear-and-present-danger procedure under § 562B.25A).

Federal subsidies. Section 8 HCV requires good cause; project-based requires HUD-prescribed forms; LIHTC requires good cause under § 42(h)(6)(B)(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 Chapter 562A (URLTA): 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