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H0138CLOSE VOTE2019 Regular Session

Amends, repeals, and adds to existing law to revise provisions and procedures regarding an action for forcible entry and unlawful detainer.

FORCIBLE ENTRY AND UNLAWFUL DETAINER -- Amends, repeals, and adds to existing law to revise provisions and procedures regarding an action for forcible entry and unlawful detainer.

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. The bill more clearly defines processes, rights and responsibilities for landlords and tenants with respect to evictions, orders of restitution and tenant remedies for deficient conditions. 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 tenantmustdotofileanactionagainstalandlord. Itgivesatenantlanguagetousewhenenforcingastatutory remedy for landlord breach. It creates a process for tenants to notify landlords with a five (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. With respect to deposits, the bill would require third-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. The bill also adds a new section to help address situations resulting from acts of domestic violence.

HOW THEY VOTED

house Chamber· Mar 4, 2019

House Third Reading

Close vote✗ Failed
34 Yea
36 Nay
Failed by 2.86 votes

LATEST ACTION

Filed in Office of the Chief Clerk

BILL INFO

Session
2019
Chamber
house
Status date
Feb 12, 2019

LINKS

View on Idaho Legislature ↗