Expedited Evictions

Dealing with a non-paying tenant can be a landlord’s worst nightmare.  However, it does not have to be.

Idaho Code § 6-310(1) allows a landlord to bring “an action exclusively for possession of a tract of land of five (5) acres or less” against the tenant for non-payment of rent.  Such evictions also apply when (1) a landlord has reasonable grounds that the tenant is engaging in the “unlawful delivery, production or use of a controlled substance” on the property and (2) a property owner has purchased the property at a trustee’s sale at least ten (10) days prior to filing the expedited eviction.  Id.

This type of action is commonly referred to as an expedited eviction.  The name is fitting because of the court’s obligation to schedule a trial within twelve (12) days of when the complaint has been filed and summons issued.  Idaho Code § 6-310(2).

A landlord is required to allege, and ultimately prove, a handful of elements to successfully bring an expedited eviction against a tenant for non-payment of rent.  These elements are as follows:

• Provide a sufficient description of the property;
• That the tenant is in possession of the property;
• That there is a lease with the tenant that requires the payment of rent, that the tenant is on the property and is in default for not paying the rent;
• That all notices required by law have been served on the tenant and in the manner required by law[1][2]; and
• That the landlord is entitled to the possession of the property.

Idaho Code § 6-310(1)(a)-(e).

These elements and requirements are especially important for a landlord looking to evict a non-paying tenant.

Please contact Michael C. McClure at Brian Webb Legal for a consultation.

[1] Idaho Code requires a 3-Day Notice be served on the tenant advising the tenant that they have three (3) days to either come current on the rent or vacate the property prior to bringing the lawsuit for an expedited eviction.  Idaho Code § 6-303(2).  The notice must also advise the tenant that failure to pay or leave the property will result in an eviction proceeding and that, by law, attorney fees shall be awarded to the prevailing party.  Idaho Code § 6-324.  A landlord cannot recover its legal fees and expenses if it has failed to provide this notice to the tenant.  Id.

[1] Expedited evictions for (1) delivery, production or use of a controlled substance on the property and (2) the purchase of the property at a trustee’s sale ten (10) days prior to the expedited eviction DO NOT require notice.