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H06562018 Regular Session

Amends, repeals and adds to existing law to clarify the principle of forcible entry and unlawful detainer for landlords and tenants.

FORCIBLE ENTRY AND UNLAWFUL DETAINER -- Amends, repeals and adds to existing law to clarify the principle of forcible entry and unlawful detainer for landlords and tenants.

FORCIBLE ENTRY AND UNLAWFUL DETAINER

STATEMENT OF PURPOSE

This legislation seeks to clarify sections of Idaho Code that manage the relationships and actions between landlords and tenants. Broadens the definition of unlawful detainer to reflect modern operations and standardizesevictionprocessforalltypes. Standardizestheopportunityforacontinuanceacrossalleviction types. The bill also ensures a tenant will be informed of the reasons for the eviction. The bill updates our laws to allow damages to be awarded at the same time as the order of restitution. This will streamline the process and make it easier to hold tenants accountable for default. The bill clarifies what a tenant must do to file an action against a landlord. It gives a tenant language to use when enforcing a statutory remedy for landlord breach. It creates a process for tenants to notify landlords with a 5-day notice of failure to send security deposit and provides for damages and remedies if a landlord does not comply within the 5 days, including the award of three times the deposit amount. With respect to deposits, the bill would require 3rd party managers to hold security deposits in trust. The bill creates a new abandoned premises definition and process as well as an abandoned property definition and disbursement process and allows for an extension of time for abandoned property to be held when extenuating circumstances such as a death have occurred.

LATEST ACTION

Reported Printed and Referred to Judiciary, Rules & Administration

BILL INFO

Session
2018
Chamber
house
Status date
Mar 1, 2018

LINKS

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