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Landlord and Tenant Law

Are you having trouble evicting people out of your property? If so, you can use Idaho’s rapid eviction procedure if your tenant fails to pay rent. This process allows landlords to obtain court orders without going through the lengthy process of most legal proceedings. Idaho Code §§ 6310-6311D describes the quick steps on how these evictions can be achieved. The landlord should remember that moving out due to rent delinquency does not result in an unpaid rent or damages judgment against the renter. For this specific proceeding, the landlord can only request the court to evict the tenant and the costs associated with the eviction. However, the landlord can initiate a second proceeding against the tenant afterward to collect unpaid rent under the right circumstances. I.C. §6311A. This proceeding is quick because it requires the court to schedule a trial within 12 days of the landlord’s commencing of the case. The landlord’s only requirement is to provide the tenant with a copy of the summons and complaint at least five days before the hearing.

Are you having trouble evicting people out of your property? If so, you can use Idaho’s rapid eviction procedure if your tenant fails to pay rent. This process allows landlords to obtain court orders without going through the lengthy process of most legal proceedings.  Idaho Code §§ 6310-6311D describes the quick steps on how these evictions can be achieved. The landlord should remember that moving out due to rent delinquency does not result in an unpaid rent or damages judgment against the renter. For this specific proceeding, the landlord can only request the court to evict the tenant and the costs associated with the eviction. However, the landlord can initiate a second proceeding against the tenant afterward to collect unpaid rent under the right circumstances. I.C. §6311A. This proceeding is quick because it requires the court to schedule a trial within 12 days of the landlord’s commencing of the case. The landlord’s only requirement is to provide the tenant with a copy of the summons and complaint at least five days before the hearing.

The content of the complaint in the quick eviction procedure is straightforward. Under Idaho Code § 6-310(1) through (5), the following information is necessary: (1) Description of the property. (2) state that the tenant is in possession of the property. (3) Claim the reason for moving out (rent payment is delayed); (4) Assert that the landlord has properly provided all the notices required by law. (5) state that the landlord is entitled to possession of the property. If you have any questions regarding this process, please contact Elcox and Salazar.

NOTICE: We recommend that you get professional legal advice specific to your case. The information provided is not intended to supplement legal advice.

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