A summary remedy for forcible entry and detainer is allowable:
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.
[C51, §2362, 2363; R60, §3952, 3953; C73, §3611, 3612; C97, §4208; C24, 27, 31, 35, 39,
§12263; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.1]
2004 Acts, ch 1101, §87
Referred to in §562A.26, 631.1, 648.3
\n
Notes of Decisions
Bernet v. Rogers (1994)
iowa · cites it 6×
“See Iowa Code §§ 648.1 (2), (3), (4), (5), (6), 648.”
Kaydon Acquisition Corp. v v. America Central Industries, Inc. (2001)
iand · cites it 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…”
IOWA NATIONAL MUTUAL INSURANCE COMPANY v. Mitchell (1981)
iowa · cites it 2×
““Small claims” are limited to a “civil action for a money judgment where the amount in controversy is one thousand dollars or less, exclusive of interest and costs,” and “an action for forcible entry and de-tainer which is based on those grounds set forth in section 648.1,…”
Verlinden v. Godberson (1946)
iowa · cites it 4×
“Section 648.1 of such chapter sets forth the grounds for such action.”
Polk County v. Davis (1994)
iowactapp · cites it 2×
“Iowa Code § 648.1 (6) (1993). This provision applies to parties who are in possession of real property and is not limited to those who hold title to the property.”
Reed v. Gaylord (1974)
iowa · cites it 2×
“The question of title can only be investigated in the district court, and can be pleaded in a municipal court or a justice’s court only as provided in subsection 4 of section 648.1.” The subsection referred to in-the foregoing quote is in this language: “4.”
Robinson v. Black (2000)
iowa · cites it 4×
“Iowa Code section 648.1 (1997) lists the grounds for which the remedy is allowable.”
Rudolph v. Davis (1948)
iowa · cites it 4×
“(2) Plaintiff has not proven a case that falls within any of the grounds sot out in section 648.1, Code, 1946. (3) Plaintiff’s proper procedure would have been an action of right, which is an action at law, and the proceedings here cannot be interpreted to be proof under such…”
— Iowa Code § 648.1(1) — 1 case
— Iowa Code § 648.1(2) — 3 cases
— Iowa Code § 648.1(3) — 1 case
— Iowa Code § 648.1(5) — 2 cases
— Iowa Code § 648.1(6) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.