As the weather gets colder, eviction is something none of us want to think about. But it is a reality for many Iowans, even in the Winter. Eviction in Iowa is legally known as Forcible Entry and
Detainer, or F.E.D. for short. It is
governed by Iowa Code § 648.
Because shelter
is such a basic human necessity, the law has establishes only six grounds upon
which an F.E.D. action can be commenced.
They are:
1. Where the defendant has by force,
intimidation, fraud, or stealth entered upon the prior actual possession of
another in real property, and detains the same.
2. Where the lessee holds over after the
termination of the lease.
3. Where the lessee holds contrary to the
terms of the lease.
4. Where the defendant continues in possession
after a sale by foreclosure of a mortgage, or on execution, unless the
defendant claims by a title paramount to the lien by virtue of which the sale
was made, or by title derived from the purchaser at the sale; in either of
which cases such title shall be clearly and concisely set forth in the
defendant’s pleading.
5. For the nonpayment of rent, when due.
6. When the defendant or defendants remain in
possession after the issuance of a valid tax deed.
Practically speaking, most F.E.D.
actions are based on grounds 2, 3, or, 5.
In order to commence an F.E.D. action
a landlord must comply with several notice requirements established by the
Code. Failure to comply with those
requirements may mean a tenant cannot be required to vacate the premises as the
landlord desires.
If you are facing eviction, it is
important you know whether those notice provisions have been followed. It may make the difference between being forced
out of your home and buying time to make other arrangements. If you are trying to evict someone,
compliance with the Code is a must. If
you have questions about the eviction process please contact JHD Law at (515)
875-4818, www.jhdlawfirm.com, or via
Twitter @jonahhammerdyer.
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