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How Iowa Property Owners Can Remove Squatters Before a Sale

Removing an Unauthorized Occupant from Your Iowa Property: What Owners Need to Know

This FAQ-style guide explains what property owners in Iowa can do when someone is squatting or occupying a property without permission, and how to get that person removed before a sale. This is educational information only and not legal advice.

Detailed answer: step-by-step options under Iowa law

1. First identify the occupant’s legal status

Start by clarifying whether the person is a squatter (no permission or right to stay) or a tenant (has a lease, rental agreement, or paid rent). The legal process you use depends on that status:

  • If they paid rent or produced a lease, treat them as a tenant and follow Iowa’s landlord-tenant eviction procedures.
  • If they have no permission and no tenancy, they are likely a trespasser / unauthorized occupant (commonly called a squatter).

2. Immediate, safe steps you can take

  • Document occupancy: take dated photos and videos showing the person in the property, their possessions, and any damage.
  • Check records: review deeds, mortgage, foreclosure history, and prior occupancy records to prove ownership and the lack of any tenancy agreement.
  • Contact local police if the occupant is violent, threatening, or if the situation is an emergency. Police can respond to criminal behavior and can sometimes remove trespassers in that context.
  • Do not forcibly remove the person yourself (changing locks, cutting utilities, physically ejecting). Iowa law generally forbids owners from using self-help that results in a breach of the peace.

3. Civil removal: file an action to recover possession

When an unauthorized occupant refuses to leave voluntarily, the usual route is a court action to recover possession. In Iowa, that means filing a dispossessory or forcible entry-and-detainer (eviction) action in the appropriate district court for the county where the property sits. Typical steps:

  1. Serve a written demand to vacate. While the exact notice period can vary by circumstance (tenancy vs. trespass), giving clear written notice helps the court record show you attempted to resolve the matter.
  2. File the repossession/eviction action with the district court. The court will schedule a hearing. Bring your proof of ownership and the documentation of unauthorized occupancy.
  3. If the court rules in your favor, it will issue an order for possession and a writ of removal.
  4. The sheriff or other authorized law enforcement executes the writ and removes the occupant if they still refuse to leave.

For basic Iowa court and self-help eviction information, see the Iowa Judicial Branch for the public: https://www.iowacourts.gov/for-the-public/representing-yourself/eviction/. For the Iowa Code where statutes governing property and court procedure appear, see: https://www.legis.iowa.gov/.

4. Criminal trespass may be an option

In many cases, an unauthorized occupant can also be committing criminal trespass. If the person refuses to leave after a lawful request or notice, you can report the matter to local law enforcement. Police may arrest or cite the person under state criminal statutes if the facts meet the statutory elements. Use law enforcement for threats, dangerous behavior, or when a quick removal is necessary for safety.

5. Beware of adverse possession (squatters’ rights)

A prolonged, open, and exclusive possession by a squatter can sometimes lead to adverse possession claims. Adverse possession requires meeting specific legal elements (continuous, open, notorious, exclusive, and hostile possession for the statutory period). Because the statutory period runs for many years, a typical short-term squatter is unlikely to acquire title, but you should move promptly to preserve rights and evidence so an adverse possession claim cannot mature.

6. Timeline and likely costs

  • Police response can be immediate for criminal or emergency situations.
  • Civil eviction/forcible entry cases usually move faster than many other civil lawsuits, but expect at least a few weeks from filing to sheriff execution in routine matters. Complex factual disputes can lengthen the process.
  • Costs include court filing fees, service of process, sheriff fees, and possible attorney fees. If the squatter caused damage or stole property, you can seek restitution or damages in court.

7. Selling with a squatter present

Buyers typically want clear title and vacant possession. A known unauthorized occupant will scare off many buyers or reduce sale price. Resolve occupancy before closing if possible. If the sale must proceed, disclose the situation honestly and consider an escrow holdback or contract term addressing removal and clear title obligations.

8. When to hire an attorney

Contact an attorney when:

  • The occupant claims tenancy or raises legal defenses.
  • The facts suggest a potential adverse possession claim.
  • The occupant causes damage or the situation involves threats or criminal acts.
  • You want help preparing and filing the court action, or negotiating a voluntary exit.

Helpful hints

  • Keep a written timeline of contacts, notices, police calls, and interactions with the occupant.
  • Preserve physical evidence: photos with timestamps, videos, witness statements, and copies of letters or notices you sent.
  • Get a certified mail return or personal service receipt when you deliver a written demand to vacate.
  • Never use force or cut utilities to remove someone yourself; improper self-help can expose you to criminal or civil liability.
  • If you plan to sell, notify your title company and buyer immediately—title insurers often require removal of adverse occupants before issuing a marketable title policy.
  • If the occupant claims a right to stay, ask for any written lease or rent receipts and consult an attorney before taking further action.
  • Work with local law enforcement and the county sheriff’s office; sheriffs often handle enforcement of writs of possession.

Disclaimer: This article provides general information about Iowa law and is not legal advice. Laws change, and the specifics of each situation matter. Consult a licensed Iowa attorney to get advice tailored to your situation before taking legal action.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.