General Eviction Process

Brian WebbBrian Webb, Eviction

Under Idaho law, after a tenant fails to comply with the three-day notice, their tenancy is terminated and a landlord has no obligation to accept rent. In other words, if a tenant wants their lease reinstated, they have to pay the rent and fees requested by their landlord, otherwise the eviction may continue and the tenant is powerless to stop it. Obviously, there are reasons and times to be more lenient with a tenant, where a reinstatement or payment plan makes sense. However, merely being aware of your rights may be helpful. Property managers and landlords should know they can still collect rent even after an eviction has been filed. This sometimes happens when a tenant tries to cure by paying all or a portion of the past due rent before the eviction hearing. They also have the option to collect attorney’s fees, or at least ask for payment, or a payment plan, as a condition of reinstating the lease.

General Eviction Process

Here is the general procedure and payment process for an eviction of a tenant when they don’t pay rent.

  1. When a landlord or property manager hire BRIAN WEBB LEGAL to evict a tenant, we first review the document (I.e. lease agreement) to identify potential issues with the case, and then draft initial court documents. At this time, we enter into our billing system a flat fee for the attorney work ($535) plus expenses charged by the process server and court (approximately $215).
  2. We then draft the initial court documents and send an invoice and the complaint to the landlord or property manager for signature. In Idaho, all eviction complaints must be verified by the landlord. This means that they are swearing under oath that:
    1. a tenant is occupying property under a lease
    2. rent is due under the lease
    3.  a “three-day” notice was served to pay the amount due (click here for a copy of the three-day notice used by BRIAN WEBB LEGAL)
    4.  the tenant did not pay rent within three (3) days
    5. the property is less than five (5) acres.
  3. Once we receive payment and the signed and verified documents back from the landlord or property manager, we file the eviction with the court.
  4.  Usually within one (1) day (usually the same day), the Court gives us a hearing date which must be within 12 days from when we file the complaint. We then notify the landlord or property manager, and at the same time, we send out the court documents to a third-party process server to serve the tenant. The tenant must be served five (5) days before the hearing date.
  5.  A few days before the hearing, we upload a proposed Judgment and writ to the Court through Idaho’s electronic filing system. We also check with the landlord or property manager to see if the tenant has paid or the vacated the property.

Common Questions Asked About Payments Offered or Made before the Hearing

1. What happens if a tenant offers to pay a PORTION of rent before the Hearing?

There is Idaho lore that has convinced many-a-landlord that accepting a partial payment of rent after filing an eviction is paramount to reinstating the lease. Unfortunately, some naïve judges have accepted this lore as doctrine. Ridiculous? Yes. Yet it is a fact we must deal with. However, there is hardly any circumstance that a landlord or property manager should not accept the payment. There are ways to comply with even Idaho lore and get paid. However, because BRIAN WEBB LEGAL is already engaged and representing you, the answer is before doing anything, talk to us first! Don’t make this decision unilaterally. The better practice would be to instruct your tenant to talk to the lawyer at BRIAN WEBB LEGAL representing you in the eviction proceeding.

2. What happens if a tenant offers to pay rent after you send BRIAN WEBB LEGAL an eviction but before we file it?

If they are a good tenant and you want them to stay you can accept the payment. Remember however, that you may still assess attorney’s fees. If BRIAN WEBB LEGAL has not filed the eviction, we will refund all but $250. The landlord or property manager is responsible for our fee regardless whether the tenant pays or the case is filed. For that reason, you may want to assess or even condition reinstatement on payment of the attorney’s fees as well. If for some reason they don’t comply, you can still move forward with your old three-day notice.

3. What happens when a tenant offers to pay rent after BRIAN WEBB LEGAL has filed it but before the hearing?

If they are a good tenant and you want them to stay you can accept the payment. Remember however, that you may still assess attorney’s fees. Here, BRIAN WEBB LEGAL has not only incurred the time to review and prepare the initial documents, but the costs of filing and serving the eviction and drafting the proposed judgment, etc. The only thing that remains is attending the hearing. Nonetheless, BRIAN WEBB LEGAL will normally refund all but $200. The landlord or property manager is responsible for our fee regardless whether the tenant pays or the case is filed. For that reason, you may want to assess or even condition reinstatement on payment of the attorney’s fees, as well as rent.

4. What happens if rent is paid via bank deposit or mail?

Unless it is through advice of your lawyer, do not give the tenant back the payment. Before doing anything, call the lawyer at BRIAN WEBB LEGAL representing you in the eviction.

BRIAN WEBB LEGAL is the No. 1 and Best eviction law firm in Idaho. Hire us now to see why.