Self Help Eviction for Hotelkeeper

Taking action to evict a tenant can be a daunting task for a landlord. Landlords are prohibited from evicting a tenant through self-help tactics and are required to file a claim with the appropriate court to properly evict a tenant. If the landlord fails to abide by the applicable Idaho law, the landlord may be on the hook for substantial damages to the tenant. See Idaho Code § 6-317. It is very common for a landlord to encounter a tenant who fails to pay rent; however, Idaho law has very specific rules for dealing with non-payment of rent. See Idaho Code § 6-301 et. seq.

Unlike a typical Idaho landlord, hotelkeepers in Idaho have been granted an exception to the prohibition of self-help eviction practices for a tenant’s failure to pay:

A hotelkeeper shall have the right to evict a guest who has failed to pay his hotel bill when due. Before such eviction may occur, demand for payment of the bill must be made and the guest must be requested to leave if the bill is not paid. If the guest fails to pay the bill after such demand, the hotelkeeper may evict such a guest by locking the door to his room, removing said guest’s baggage and other personal property, or by any other peaceful means.

Idaho Code § 39-1805(1).

Landlords who rent out property as an individual or small business may experience high levels of discomfort and stress when dealing with a tenant’s non-payment of rent. No matter what your circumstances may be, whether you are required to pay a bill or get a new tenant into your rental property, be sure to take the appropriate steps to properly evict your tenants. Most of us will not be lucky enough to be characterized as a hotel or hotelkeeper to qualify for self-help eviction privileges.

Please contact an eviction attorney at Brian Webb Legal today at (208) 331-9393 to discuss your Landlord questions.