Squatters

Do you use a lockbox to let potential tenants view the property?  This is a practice you might want to reconsider – or never consider doing in the first place.  Think about the following possibility:

Mr. Scammer calls the property manager and asks to see the property for rent.  The property manager provides the code to the lockbox without thinking twice.  Meanwhile, Mr. Scammer creates a “lease” and moves in without authorization.

The property manager later sends another prospective tenant to the property only to discover that Mr. Scammer has made himself comfortable.  We know the police will not get involved because this is a civil matter.  Plus, Mr. Scammer has a lease to the property, whether it is valid or not.

So, now what?

Idaho Code § 6-310(3) requires the property manager (or owner) to show Mr. Scammer entered the property by means of forcible detainer, that neither the property manager or the owner ever entered into a lease agreement with Mr. Scammer and that Mr. Scammer has refused to leave the property after a demand to surrender possession of the property was made.

Idaho Code § 6-302(2) states a person is guilty of forcible detainer if:

… [the person] unlawfully enters upon real property, and who, after demand made for the surrender thereof, refuses to surrender the same to such former occupant or property owner.

This situation meets the definition of a forcible detainer.  The property manager must then demand Mr. Scammer return possession of the property.  An action for forcible detainer can then be brought against Mr. Scammer if he refuses to leave the property.

When an action for forcible detainer is properly filed, Idaho Code § 6-310(4) requires “the court [to] schedule a trial within seventy-two (72) hours from the filing of the complaint, excluding weekends and official holidays.” Act quickly and Mr. Scammer may be out sooner rather than later.

The proper process must be followed because of the nature of a case like this and the court’s quickset trial.  To avoid unnecessary delay, please contact Michael C. McClure at Brian Webb Legal for a consultation.