Eviction

Dispossession by process of law; the act of depriving a person of the possession of land or rental property which has been held or leased.

Forcible Entry and Detainer

A summary proceeding for restoring to possession of real property one that is wrongfully kept out or has been wrongfully deprived.

Writ of Possession

Writ of execution employed to enforce a judgment to recover the possession of land. It commands the sheriff to enter the land and give possession of it to the person entitled under the judgment.

SHERIFF'S OFFICE CANNOT GIVE LEGAL ADVICE. PROPERTY OWNER SHOULD SEEK LEGAL ADVICE TO DETERMINE APPROPRIATE PROCEDURE AND FORMS TO USE.

TYPES OF EVICTION

1. Failure to pay rent
   • Three day notice to intent to terminate lease/notice to quit 648.3; 562B.25
   • Forcible entry and detainer notice 648.1; 648.5
   • Writ of possession 646.24
2. Violation of Lease
   • Seven day notice to correct violation or lease terminates 562A.27(1)
   • Three day notice to quite 648.3
   • Forcible entry and detainer notice 648.1; 648.5
   • Writ of Possession 646.24
3. Clear and Present Danger
   • Three day notice to quit for clear and present danger 562A.27A(1)
   • Forcible entry and detainer notice 648.1; 648.5
   • Writ of Possession 646.24
4. Stay over after lease expired
   • Three day notice to quit 648.3
   • Forcible entry and detainer notice 648.1; 648.5
   • Writ of possession 646.24
5. Other reasons landlord wishes to terminate lease
   • 30 day notice from next periodic rental date 562.4; 562A.34(2) (60 day notice for mobile homes)562B.10(4)
   • Three (3) day notice to quit 648.3
   • Forcible entry and detainer notice 648.1; 648.5
   • Writ of possession 646.24
6. No rental agreement but possession established (family member, guest, Significant other, or squatter)
   • Three (3) day notice to quit 648.3
   • Forcible entry and detainer 648.1; 648.5
   • Writ of possession 646.24

SHERIFF'S PROCEDURE FOR SERVICE

1. You will need to request that the Clerk of Court issue a WRIT OF POSSESSION to the sheriff, following the ruling on a forcible entry and detainer action. Our office does not automatically receive a copy.
2. Contact the Sheriff’s Office, civil division, at 712-335-5070 between 8 AM and 4 PM Monday through Friday, to schedule an eviction time.   We will not set up an eviction for the same day you contact us.  Evictions are scheduled Monday through Friday, starting at 10 AM.   There is a $25 per hour fee for a deputy to attend the eviction.
3. The Sheriff’s Office charges $30 plus mileage to serve a Writ of Possession.  We will also include (at no cost) a courtesy letter to the defendant(s), stating the date and time of eviction.
4. The day of the eviction, we will expect the plaintiff or his agent to check the location to see if the defendant has vacated voluntarily. Please call our office to either confirm or cancel the eviction.  If the plaintiff discovers that the defendant has vacated prior to the eviction process, please inform our office.  WE WILL NOT RESPOND UNTIL WE HEAR FROM YOU.
5. At the time of the eviction, we will expect the plaintiff to provide enough manpower to complete the eviction within 3 hours.  Be sure to have enough boxes and large trash bags to facilitate moving the property.  The function of our deputy is to provide authority, keep the peace and direct the procedure.  The eviction may be postponed by the Sheriff if weather conditions are severe.
6. We expect the plaintiff to move all property to the curb.   If this is not feasible, alternatives should be arranged in advance.  Once the personal property is removed from the location, locks can be changed.  Be prepared to deal with abandoned vehicles through your local law enforcement agency at the time of the eviction.  The Sheriff’s Office will take possession of any weapons, medication or cash for safekeeping.