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.
In Iowa, a Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a plaintiff (usually a landlord or property owner) when a tenant or occupant refuses to vacate the premises despite being demanded to do so. This complaint initiates a legal process commonly known as an eviction or an unlawful detained action against the defendant. The detailed description of the Iowa Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand typically includes the following key elements: 1. Plaintiff Information: The complaint begins by stating the plaintiff's name, address, and contact details. This information is necessary for identifying the party initiating the legal action. 2. Defendant Information: The complaint includes the defendant's name, current address, and contact details. This ensures proper identification of the individual being sued. 3. Description of the Property: A detailed description of the premises involved in the case is provided. This includes the property's address, unit number (if applicable), and any other relevant details to clearly identify the premises in question. 4. Lease Agreement: The complaint outlines the terms and existence of a lease agreement between the plaintiff and the defendant. It highlights the specific provision(s) indicating that the defendant is obligated to vacate the premises upon demand. 5. Demand to Surrender Premises: The complaint describes the plaintiff's proper demand made to the defendant to vacate the premises. It includes the date and method of communication used to make the demand, such as a written notice or personal conversation. 6. Defendant's Refusal: This section states that the defendant failed to comply with the demand and refused to surrender the premises within the specified timeframe. 7. Duration of Occupation: The complaint includes details about how long the defendant has been occupying the premises without legal authorization, highlighting the period of unlawful detained. 8. Basis for Legal Action: The complaint references the Iowa statutes or local ordinances that authorize the forcible entry and detained action, providing the legal framework for the plaintiff's claim. 9. Relief Sought: The complaint clearly states the relief or remedy sought by the plaintiff, which usually involves a court order to evict the defendant and regain possession of the premises. It is worth noting that there may be variations of the Iowa Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand based on specific circumstances. These variations may include complaints for nonpayment of rent, material breaches of lease terms, or tenant holding over beyond the lease term. However, the core content and purpose of the complaint generally remain the same.
