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State of Idaho Eviction Law
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TITLE 6
ACTIONS IN PARTICULAR CASES
CHAPTER 3
FORCIBLE ENTRY AND UNLAWFUL DETAINER
6-301. FORCIBLE ENTRY DEFINED. Every person is guilty of a
forcible entry who either:
1. By breaking open doors, windows or other parts of a house, or
by any kind of violence or circumstances of terror, enters upon or
into any real property; or,
2. Who, after entering peaceably upon real property, turns out, by
force, threats or menacing conduct, the party in possession.
6-302. FORCIBLE DETAINER DEFINED. Every person is guilty of a
forcible detainer who either:
1. By force, or by menaces and threats of violence, unlawfully
holds and keeps possession of any real property, whether the same
was acquired peacefully or otherwise; or,
2. Who, in the nighttime, or during the absence of the occupant of
any lands, unlawfully enters upon real property, and who, after
demand made for the surrender thereof, for the period of five (5)
days, refuses to surrender the same to such former occupant. The
occupant of real property, within the meaning of this subdivision,
is one who, within five (5) days preceding such unlawful entry, was
in the peaceable and undisturbed possession of such lands.
6-303. UNLAWFUL DETAINER DEFINED. A tenant of real property, for a
term less than life, is guilty of an unlawful detainer:
1. When he continues in possession, in person or by subtenant, of
the property, or any part thereof, after the expiration of the term
for which it is let to him, without the permission of his landlord,
or the successor in estate of his landlord, if any there be; but in
case of a tenancy at will, it must first be terminated by notice, as
prescribed in the Civil Code.
2. Where he continues in possession, in person or by subtenant,
without permission of his landlord, or the successor in estate of
his landlord, if any there be, after default in the payment of rent,
pursuant to the lease or agreement under which the property is held,
and three (3) days' notice, in writing, requiring its payment,
stating the amount which is due, or possession of the property,
shall have been served upon him, and if there be a subtenant in
actual occupation of the premises, also upon such subtenant. Such
notice may be served at any time within one (1) year after the rent
becomes due. In all cases of tenancy upon agricultural lands, where
the tenant has held over and retained possession for more than sixty
(60) days after the expiration of his term without any demand of
possession or notice to quit by the landlord, or the successor in
estate of his landlord, if any there be, he shall be deemed to be
holding by permission of the landlord, or the successor in estate of
his landlord, if any there be, and shall be entitled to hold under
the terms of the lease for another full year, and shall not be
guilty of an unlawful detainer during said year, and such holding
over for the period aforesaid shall be taken and construed as a
consent on the part of a tenant to hold for another year.
3. Where he continues in possession in person, or by subtenants,
after a neglect or failure to perform other conditions or covenants
of the lease or agreement under which the property is held,
including any covenant not to assign or sublet, than the one for
payment of rent, and three (3) days' notice, in writing, requiring
the performance of such conditions or covenants, or the possession
of the property, shall have been served upon him, and if there be a
subtenant in actual occupation of the premises, also upon such
subtenant.
Within three (3) days after the service of the notice, the tenant,
or any subtenant in actual occupation of the premises, or any
mortgagee of the term, or other person interested in its
continuance, may perform the conditions or covenants of the lease,
or pay the stipulated rent, as the case may be, and thereby save the
lease from forfeiture: provided, if the covenants and conditions of
the lease, violated by the lessee, can not afterward be performed,
then no notice, as last prescribed herein, need be given to said
lessee or his subtenant demanding the performance of the violated
covenant or conditions of the lease. A tenant may take proceedings
similar to those prescribed in this chapter, to obtain possession of
premises let to an undertenant, in case of his unlawful detention of
the premises underlet to him.
4. A tenant or subtenant, assigning or subletting, or committing
waste upon, the demised premises contrary to the covenants of his
lease, thereby terminates the lease, and the landlord, or his
successor in estate, shall, upon service of three (3) days' notice
to quit upon the person or persons in possession, be entitled to
restitution of possession of such demised premises under the
provision of this chapter.
6-304. SERVICE OF NOTICE. The notices required by the preceding
section may be served either:
1. By delivering a copy to the tenant personally; or,
2. If he be absent from his place of residence and from his usual
place of business, by leaving a copy with some person of suitable
age and discretion at either place, and sending a copy through the
mail addressed to the tenant at his place of residence; or, if such
place of residence and business can not be ascertained, or a person
of suitable age or discretion can not be found there, then by
affixing a copy in a conspicuous place on the property, and also
delivering a copy to a person there residing, if such person can be
found; and also sending a copy through the mail addressed to the
tenant at the place where the property is situated. Service upon a
subtenant may be made in the same manner.
6-305. JURISDICTION OF DISTRICT COURT. The district court of the
county in which the property, or some part of it, is situated, has
jurisdiction of proceedings under this chapter.
6-308. PARTIES DEFENDANT. No person other than the tenant of the
premises, and subtenant, if there be one, in the actual occupation
of the premises when the notice herein provided for was served, need
be made parties defendant in the proceeding, nor shall any
proceeding abate nor the plaintiff be nonsuited for the nonjoinder
of any persons who might have been made parties defendant; but when
it appears that any of the parties served with process or appearing
in the proceeding are guilty of the offense charged, judgment must
be rendered against them. Any person who shall become a subtenant of
the premises or any part thereof after the service of notice as
provided in this chapter shall be bound by the judgment. In case a
married woman be a tenant or a subtenant, her coverture shall
constitute no defense; but in case her husband be not joined, or
unless she be doing business as a sole trader, an execution issued
upon a personal judgment against her can only be enforced against
property on the premises at the commencement of the action.
6-309. PARTIES GENERALLY. Except as provided in the preceding
section, the provisions of this code relating to parties to civil
actions are applicable to this proceeding.
6-310. ACTION FOR POSSESSION -- COMPLAINT -- SUMMONS. In an
action exclusively for possession of a tract of land of five (5)
acres or less for the nonpayment of rent, it is sufficient to state
in the complaint:
(1) A description of the premises with convenient certainty;
(2) That the defendant is in possession of the premises;
(3) That the defendant entered upon the premises, holds the
premises, and is in default of the payment of rent;
(4) That all notices required by law have been served upon the
defendant in the required manner; and
(5) That the plaintiff is entitled to the possession of the
premises. Upon filing the complaint, a summons must be issued,
served and returned as in other actions, provided, however, that at
the time of issuance of the summons, the court shall schedule a
trial within twelve (12) days from the filing of the complaint and
the service of the summons, complaint and trial setting on the
defendant shall be not less than five (5) days before the day of
trial appointed by the court.
6-311. CONTINUANCE. In an action exclusively for possession of a
tract of land of five (5) acres or less for the nonpayment of rent,
no continuance shall be granted for a longer period than two (2)
days unless the defendant applying therefor gives an undertaking to
the adverse party with good and sufficient security, to be approved
by the court, conditioned for the payment of the rent that may
accrue if judgment is rendered against the defendant.
6-311A. JUDGMENT ON TRIAL BY COURT. In an action exclusively for
possession of a tract of land of five (5) acres or less for the
nonpayment of rent, the action shall be tried by the court without a
jury. If, after hearing the evidence the court concludes that the
complaint is not true, it shall enter judgment against the plaintiff
for costs and disbursements. If the court finds the complaint true
or if judgment is rendered by default, it shall render a general
judgment against the defendant and in favor of the plaintiff, for
restitution of the premises and the costs and disbursements of the
action. If the court finds the complaint true in part, it shall
render judgment for the restitution of such part only, and the costs
and disbursements shall be taxed as the court deems just and
equitable. No provision of this law shall be construed to prevent
the bringing of an action for damages.
6-311C. FORM OF EXECUTION. The execution, should judgment of
restitution be rendered, may be in the following form:
STATE OF IDAHO
ss.
County of _____________
TO THE SHERIFF OR ANY CONSTABLE OF THE COUNTY:
WHEREAS, a certain action for the possession of the following described premises, to-wit:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
lately tried before the above entitled court, wherein ____________
was plaintiff and ___________ was defendant, judgment was rendered
on the _______ day of _________, A.D., _____, that the plaintiff
_______________ have restitution of the premises, and also that he
recover the costs and disbursements in the sum of $___________; In
the name of the State of Idaho, you are, therefore, hereby commanded
to cause the defendant and his goods and chattels to be forthwith
removed from the premises and the plaintiff is to have restitution
of the same. In the event the goods and chattels are not promptly
removed thereafter by the defendant you are authorized and empowered
to cause the same to be removed to a safe place for storage. You are
also commanded to levy on the goods and chattels of the defendant,
and pay the costs and disbursements, aforesaid, and all accruing
costs, and to make legal service and due return of this writ.
WITNESS My hand and official seal (if issued out of a court of
record) this ________ day of _____________, A.D., _____
________________Clerk of the District Court
6-311D. ADDITIONAL UNDERTAKING ON APPEAL. If judgment is rendered
against the defendant for the restitution of the real property
described in the complaint, or any part thereof, no appeal shall be
taken by the defendant from the judgment until he gives, in addition
to the undertaking now required by law upon appeal, an undertaking
to the adverse party, with two (2) sureties, who shall justify in
like manner as bail upon arrest, for the payment to the plaintiff,
if the judgment is affirmed on appeal, of the rental value of the
real property of which restitution is adjudged from the commencement
of the action in which the judgment was rendered until final
judgment in the action.
6-311E. ACTION FOR DAMAGES -- COMPLAINT -- SUMMONS. In an action
for damages incurred as a result of failure to pay rent, the
plaintiff in his complaint must set forth the facts on which he
seeks to recover. If the plaintiff combines his action for damages
with an action for possession, the complaint shall also describe the
premises with reasonable certainty and may set forth therein any
circumstances which may have accompanied the alleged nonpayment of
rent and claim damages therefor; provided, however, that the early
trial provision of section 6-310, Idaho Code, shall not be
applicable when an action for damages is combined with an action for
possession. In an action for damages, a summons must be issued
returnable as in other cases upon filing the complaint.
6-312. JUDGMENT BY DEFAULT. If, at any time appointed, the
defendant do [does] not appear and defend, the court must enter his
default and render judgment in favor of the plaintiff as prayed for
in the complaint.
6-313. TRIAL BY JURY. Whenever an issue of fact is presented by the
pleadings it must be tried by a jury, unless such jury be waived as
in other cases. The jury shall be formed in the same manner as other
trial juries in the court in which the action is pending.
6-314. SUFFICIENCY OF EVIDENCE -- DEFENSES. On the trial of any
proceeding for any forcible entry or forcible detainer, the
plaintiff shall only be required to show, in addition to the
forcible entry or forcible detainer complained of, that he was
peaceably in the actual possession at the time of the forcible
entry, or was entitled to the possession at the time of the forcible
detainer. The defendant may show in his defense that he or his
ancestors, or those whose interest in such premises he claims, have
been in the quiet possession thereof for the space of one whole year
together next before the commencement of the proceedings, and that
his interest therein is not then ended or determined; and such
showing is a bar to the proceedings.
6-315. AMENDMENT OF COMPLAINT. When, upon the trial of any
proceeding under this chapter, it appears from the evidence that the
defendant has been guilty of either a forcible entry or a forcible
or unlawful detainer, and other than the offense charged in the
complaint, the judge must order that such complaint be forthwith
amended to conform to such proofs. Such amendment must be without
any imposition of terms. No continuance shall be permitted upon
account of such amendment unless the defendant, by affidavit filed,
shows to the satisfaction of the court good cause therefor.
6-316. JUDGMENT -- RESTITUTION. If, upon the trial, the verdict of
the jury, or, if the case be tried without a jury, the finding of
the court, be in favor of the plaintiff and against the defendant,
judgment shall be entered for the restitution of the premises; and
if the proceeding be for an unlawful detainer after neglect or
failure to perform the conditions or covenants of the lease or
agreement under which the property is held, or after default in the
payment of rent, the judgment shall also declare the forfeiture of
such lease or agreement. The jury, or the court, if the proceeding
be tried without a jury, shall also assess the damages occasioned to
the plaintiff by any forcible entry, or by any forcible or unlawful
detainer, alleged in the complaint and proved on the trial, and find
the amount of any rent due, if the alleged unlawful detainer be
after default in the payment of rent, and the judgment shall be
rendered against the defendant guilty of the forcible entry, or
forcible or unlawful detainer, for the amount of the damages thus
assessed, and of the rent found due. When the proceeding is for an
unlawful detainer after default in payment of rent where the tract
of land is larger than five (5) acres, and the lease or agreement
under which the rent is payable has not by its terms expired,
execution upon the judgment shall not be issued until the expiration
of five (5) days after the entry of the judgment, within which time
the tenant, or any subtenant, or any mortgagee of the term, or other
party interested in its continuance, may pay into court, for the
landlord, the amount found due as rent, with interest thereon, and
the amount of the damages found by the jury or the court for the
unlawful detainer, and the costs of the proceeding, and thereupon
the judgment shall be satisfied and the tenant be restored to his
estate; but if payment as here provided be not made within the five
(5) days, the judgment may be enforced for its full amount, and for
the possession of the premises. In all other cases the judgment may
be enforced immediately.
6-317. TREBLE DAMAGES. If a landlord or a tenant recovers damages
for a forcible or unlawful entry in or upon, or detention of, any
building or other tract of land, or for an action brought pursuant
to section 6-320, Idaho Code, judgment may be entered for three (3)
times the amount at which the actual damages are assessed.
6-318. PLEADINGS MUST BE VERIFIED. The complaint and answer must
be verified.
6-319. APPEAL AS STAY. An appeal taken by the defendant does not
stay proceedings upon the judgment unless the court so directs.
6-324. ATTORNEY FEES. In any action brought under the provisions of
this chapter, except in those cases where treble damages are
awarded, the prevailing party shall be entitled to an award of
attorney fees. For attorney fees to be awarded in cases requiring
the three (3) days' notice as set forth in section 6-303 2., Idaho
Code, it shall be necessary that the three (3) days' notice advise
the tenant that attorney fees shall be awarded to the prevailing
party.
The Idaho Code is the property of the state of Idaho, and is
copyrighted by Idaho law, I.C. § 9-350. According to Idaho law,
any person who reproduces or distributes the Idaho Code for
commercial purposes in violation of the provisions of this statute
shall be deemed to be an infringer of the state of Idaho's
copyright.
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