Taking Advantage of Idaho’s Speedy Eviction Laws

Graphic for Taking Advantage of Idaho’s Speedy Eviction Laws

If you’re a landlord and your tenant refuses to pay rent, you can take advantage of Idaho’s speedy eviction process. This expedited proceedings allows landlord to get a judicial decree from a court without going through the long, drawn out procedure of most court cases.

Idaho Laws on Expedited Evictions

If a landlord wishes to evict a tenant for nonpayment of rent, a speedy eviction can be accomplished through the expedited proceedings described in Idaho Code §§ 6-310 through 6-311D.

Keep in mind that a speedy eviction does not provide a judgment against the tenant for unpaid rent, or damages. All the landlord can ask of the court is a judgment for eviction and the costs associated with the eviction.

Collecting Unpaid Rent

However, this does not preclude the landlord from filing a second complaint at a later time against the tenant to collect the unpaid rent. I.C. § 6-311A. The expedited proceedings require the court to schedule a trial within 12 days of the date of the filing of the complaint and summons by the landlord. I.C. § 6-310(5). The only requirement for the landlord is that a copy of the summons and complaint must be served on the tenant at least five days before the day of the trial. I.C. § 6-310(5).

Info Required for Expedited Eviction

The content of the complaint in a speedy eviction lawsuit is simple. The landlord must include the following:

  • description of the property
  • statement that the tenant is in possession of the property
  • the alleged reason for the eviction (ex. default in payment of rent, or the tenant is using a controlled substance on the property, or the lease term is expired and the tenant is holding over)
  • statement that all notices required by law have been properly served upon the tenant
  • state that the landlord is entitled to possession of the property

In a complaint filed by a landlord in a proceeding for both eviction and for collection of damages the landlord includes the same information and adds the facts he is alleging that would entitle him to recover money from the tenant for the damages. I.C. § 6-311E.

Need further legal advice? Contact Johnson May Law today. 

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Idaho 83702
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Twin Falls, ID 83301

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