Taking Advantage of Idaho’s Speedy Eviction Laws
If you’re a landlord and your tenant refuses to pay rent, you can take advantage of Idaho’s speedy eviction process. This expedited proceeding allows a landlord to get a judicial decree from a court without going through the long, drawn-out procedure of most court cases.
Idaho Laws on Expedited Evictions
If a landlord wishes to evict a tenant for nonpayment of rent, a speedy eviction can be accomplished through the expedited proceedings described in Idaho Code §§ 6-310 through 6-311D.
Keep in mind that a speedy eviction does not provide a judgment against the tenant for unpaid rent or damages. All the landlord can ask of the court is a judgment for eviction and the costs associated with the eviction.
Collecting Unpaid Rent
The landlord may file a second complaint at a later time against the tenant to collect the unpaid rent. I.C. § 6-311A. The expedited proceedings require the court to schedule a trial within 12 days of the date of the filing of the complaint and summons by the landlord. I.C. § 6-310(5). The only requirement for the landlord is that a copy of the summons and complaint must be served on the tenant at least five days before the day of the trial. I.C. § 6-310(5).
What is Required for Expedited Eviction?
The content of the complaint in a speedy eviction lawsuit is simple. The landlord must include the following:
- description of the property
- a statement that the tenant is in possession of the property
- the alleged reason for the eviction (ex. default in payment of rent, or the tenant is using a controlled substance on the property, or the lease term is expired and the tenant is holding over)
- a statement that all notices required by law have been properly served upon the tenant
- a statement that the landlord is entitled to possession of the property
In a complaint filed by a landlord in a proceeding for both eviction and for collection of damages the landlord includes the same information and adds the facts, he is alleging that would entitle him to recover money from the tenant for the damages. I.C. § 6-311E.
Need further legal advice? Contact Johnson May Law today.
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