Boise Landlord Tenant Lawyer

Before filing a lawsuit against your tenant for nonpayment of rent or property damages, it’s essential to understand landlord-tenant law at the state and federal levels. Idaho has specific protections and unique landlord-tenant laws to protect the tenant and landlord, but if there should be a dispute, a real estate attorney can handle it accordingly.

For example, if tenants have not paid their rent and the landlord wishes to evict them, they can pursue an expedited eviction described in Idaho Code §§ 6-310 through 6-311D. In this case, the tenant would receive a summons and complaint, and a trial would be scheduled within 12 days on the landlord’s behalf. One of our attorneys can assist with this process, from drafting and submitting the statement to representing in court. Johnson May Law is one of the only firms in the area that handles evictions.

Services for a Property Manager in Boise, ID

Evictions are just one of the legal issues landlords may encounter online, and in many instances, working with an experienced attorney can help simplify the process and ensure you are protected.

Here are some of the other services we provide to landlords and property management companies:

• Drafting & Reviewing Lease Agreements
• Security Deposits and Returns
• Landlord Access to Rental Property
• Eviction Proceedings
• Termination for Violation of Lease
• Legal Advice on Landlord-Tenant Law

This firm represents landlords in these cases. If you are a tenant, please contact the Idaho Housing & Finance Association (https://www.idahohousing.com/). Contact our real estate attorneys today for representation on eviction proceedings and advice on landlord-tenant law.

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Protect Yourself with a Solid Lease Agreement and Prevent Eviction Proceedings

It is impossible to pre-empt all legal conflicts with tenants. However, you should protect your own interest and rights by using a solid, written lease agreement which lays out each side’s duties and responsibilities in crystal clear language. Whether you are a commercial landlord or an individual renting out a second property, you need a valid lease agreement to protect yourself.

Call Johnson May. We know which lease terms are critical, which are implied, and which ones you want tailored to your unique needs. We don’t use “cookie cutter” leases created for our clients, but shrinkwrap them to fit your business objectives.

A lease should include some basic information, such as:

• Rent
• Deposit, including the bank where the deposit is held
• Duration (the beginning and end dates for the lease)
• Assigning the costs of utilities
• Move out and inspection process
• A right to subleasing, if allowed
• Any other restrictions or policies on the tenant’s use of the property

The greatest risk for any landlord is proceeding with only a verbal agreement and a handshake. Parties often have different understandings of what was said and agreed upon. Trying to negotiate or to evict with only a verbal agreement is a proverbial nightmare.

Also, do not find a fill-in-the-blank form on the internet. These agreements might be written to conform to a law of a different state, and they do not account for unique risks with your property. Let an attorney draft an air-tight lease to protect you.

Mistakes Landlords Must Avoid

It’s not an exaggeration that Idaho law empowers tenants and state law disempowers landlords. When a tenant has a valid lease, then you are limited in what you can do, even if they stop paying rent. Idaho Code § 6-303 and other state laws outline the obligations of landlords.

Remember the following:

• No retaliatory evictions. You can’t kick someone out because they join a tenant’s association or because they request repairs.
• No self-help or “lockouts.” Landlords cannot try to force an eviction by shutting off the water or electricity or putting all the tenant’s property out on the sidewalk. In fact, you can’t do anything other than follow the law when it comes to evictions, which means providing proper notice and then starting an eviction proceeding in court.
• No unauthorized disposal of the tenant’s property. Tenants might not immediately remove their belongings from the property after eviction. You cannot dispose or confiscate their property in the 72 hours after eviction. If the tenant leaves items behind, you will need a court order to remove or store the property.
• No negative social media posts. You might feel frustrated, but trashing a tenant on social media can come back to haunt you. You might even face a defamation lawsuit.

Landlords should follow the law to the letter. The best choice is to hire an experienced landlord-tenant lawyer in Boise to help with all eviction proceedings. We will meet the required deadlines and our fees to ensure that you either get paid rent or the tenant is removed from the property.

Defending You in Litigation

We can also defend landlords in litigation in Boise. A commercial tenant might sue for failure to meet some obligation under the lease, such as a duty to make improvements or to hang signage.

Litigation creates unique problems for landlords. Some of the most pressing are costs and whether to maintain a relationship with a tenant. Litigation with full discovery could be cost prohibitive for your business. In addition, prior to losing out on thousands in rent each month, you might incur ten times that in litigation costs. We have experience negotiating agreements so you can end the dispute in a cost-effective manner and even continue the landlord-tenant relationship, if you want.

You need a lawyer who knows how to navigate the court system. Some real estate lawyers only draft agreements and cannot help with litigation. Fortunately, Johnson May provides complete warp-around real estate services to our landlord clients. In addition to strengthening your written lease agreements, we are ready to head into court to evict a tenant or defend you from a lawsuit.

Contact a Boise Landlord-Tenant Lawyer for a Consultation

Landlord-tenant issues are often pressing. Failure to evict someone properly can result in the prolonged loss of income to your business. We understand that a crisis can erupt in the middle of the night, so we as attorneys are always available for our clients. Call Johnson May to speak with a lawyer. We can provide the expert legal advice you need as a landlord to avoid violating a tenant’s rights and opening yourself up to litigation. Schedule a confidential meeting with an attorney at our firm.