Idaho Landlord And Tenant Legal Questions

There are a number of issues that determine if the landlord may be held liable for the criminal acts of a 3rd party starting with the question of the number of prior break-ins and/or assaults on the premises. How did the assailant get a pass key? Was there negligence involved in his getting a key? Did the assailant live on the premises? Did he have a criminal background that management was aware of? Are there security cameras on the premises? Was there a history of tenants complaining about the lack of security, and/or lack of safety locks? Was there a history of prior break-ins? Were police officers called to the premises previously? How often? You may or may not have a case against the landlord based upon all of the facts. Impossible to generalize without knowing all the details.... Read More

If a tenant is behind on rent, in Washington you must serve the tenant with a 3-day pay or vacate notice. After 3 days, not including the day you gave the notice, the tenant must pay or leave. If they do not, then you must proceed with having a summons and complaint for unlawful detainer served on them and wait at least 7 but not more than 30 days from the date of service. Then you can set a hearing and go to court for an order for the eviction. This is quite simplified, but is generally how it takes place. It is highly recommended that you obtain an attorney to guide you through this process as there are numerous traps for the unwary that could cause the process to take longer and be more expensive than if the traps are avoided.... Read More

No, your landlord cannot engage in this type of secret surveillance conduct. It is a breach of the warranty of Peaceful possession, and would typically justify termination of lease agreement. To be on the safe side, you should contact law-enforcement and have them determine whether there is in fact evidence of illegal surveillance equipment that is functioning. A conviction Might greatly increase the ease of prosecuting a civil action for violation of your right to privacy, and in any event would better document the conduct justifying the immediate termination of lease.... Read More

The answer to this question would be contained in your lease agreement with the landlord. If he is just renting the home to you and not the land, then he still has a right to do so. There would however be the violation of quite enjoyment of the premises due to the hunters being allowed on the property. I would have to see the original lease agreement to advise you further.... Read More

If you do not have a lease with a longer term, your tenancy is month-to-month and your landlord can give you a 30 day notice of her intent to terminate your tenancy and file to evict you after that. She does not need a reason to terminate your tenancy as long as its not a legally recognized wrong reason such as discrimination because you are handicapped (e.g. if she is evicting you because you are legally disabled that is a wrong reason). You also have to pay rent until you move. So yes the judge can continue the writ. Further the judge can order you to pay rent until you move (or give the landlord judgment against you for unpaid rent). If you want to delay it a bit you can file a counterclaim for the deficiencies you noted (and damages if you have any) but you will have to pay the rent into the Court in escrow until she fixes the property and then she will get the rent money and you will have to move anyway. Plan on moving at your earliest convenience.... Read More