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Idaho Landlord And Tenant Legal Questions

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253 legal questions have been posted about landlord and tenant law by real users in Idaho. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.

If someone is in my home and refuses to leave and I have to call 911 for help, can I have that person arrested?

Answered 12 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers
That person can be charged with trespassing.
That person can be charged with trespassing.

How much notice does a landlord need to give before they enter your unit?

Answered 12 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers
In California, 24 hours notice is required.
In California, 24 hours notice is required.

Do I need an attorney to go with me for deposition?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
You can hire one, but generally, if you are not at risk of being sued, it isn't necessary. Tell the truth and it shouldn't be an issue.
You can hire one, but generally, if you are not at risk of being sued, it isn't necessary. Tell the truth and it shouldn't be an issue.

Can I "break" the lease without an issue on October 1st since that marks one year?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
No, the lease is not nullified, but it may be over on September 30. However, is there an automatic renewal clause? Is there a requirement to notify the landlord that you are leaving? Nothing is ever simple. I think you should at least tell the landlord you are leaving on September 30.
No, the lease is not nullified, but it may be over on September 30. However, is there an automatic renewal clause? Is there a requirement to notify... Read More

I am responsible for paying the water invoice if it's not outline in my lease?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
Was the leak your fault or the landlord's? If yours, yes. If the landlord's, no.
Was the leak your fault or the landlord's? If yours, yes. If the landlord's, no.

Can I sublet my apartment without telling my landlord?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
You can, but you may be in breach of your lease. Your landlord may or may not care as long as the rent comes in. Of course, if your so-called friend doesn't come through, you will be on the hook.
You can, but you may be in breach of your lease. Your landlord may or may not care as long as the rent comes in. Of course, if your so-called... Read More

If I have a guest in my home, can we sign a paper saying he could be asked to leave within a 24 hour notice?

Answered 12 years and 7 months ago by Lisa Hurtado McDonnell (Unclaimed Profile)   |   2 Answers
As a guest you can ask them to leave at anytime. As for their stuff you have to give them a 30 notice. Also if they don't want to move you will have to evict them. I don't know if a contract stating he a guest will work. It may show your intent but the law does not have rules for evicting or thrown out a guest only renters.... Read More
As a guest you can ask them to leave at anytime. As for their stuff you have to give them a 30 notice. Also if they don't want to move you will have... Read More

Can a lawyer back out of a contract agreement of retainer for a civil case?

Answered 12 years and 7 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   10 Answers
You can terminate a contract with a lawyer at almost any time, and for almost any reason. Not even marriages are permanent.
You can terminate a contract with a lawyer at almost any time, and for almost any reason. Not even marriages are permanent.

Can I stop eviction process if I am currently on medical leave and have no income until disability claim goes through?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
No, the landlord is entitled to his rent.
No, the landlord is entitled to his rent.

Is there anything I can do to get the rest of my money if the couple did not sign the agreement?

Answered 12 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers
You will need to file serve them with a Notice to pay or quit and then file an unlawful detainer (eviction) actin and serve them with a copy of the summons and complaint.
You will need to file serve them with a Notice to pay or quit and then file an unlawful detainer (eviction) actin and serve them with a copy of the... Read More

Will I be able to get out of the lease to take care of my mother?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers
No, the only way you can get out of the lease is to find someone to take your place. And it may seem unfair to you, but what about your roommates? They entered into the main lease on the understanding that you would pull your fair share. You aren't doing it. Sorry, but I am with your roommates on this one.... Read More
No, the only way you can get out of the lease is to find someone to take your place. And it may seem unfair to you, but what about your roommates? ... Read More

Will I be able to get out of the lease to take care of my mother?

Answered 12 years and 7 months ago by John F Brennan (Unclaimed Profile)   |   3 Answers
You situation does not exempt you from your contractual obligations, you must seek a voluntary modification or forgiveness.
You situation does not exempt you from your contractual obligations, you must seek a voluntary modification or forgiveness.

Will I be able to get out of the lease to take care of my mother?

Answered 12 years and 7 months ago by William Joseph Bidwell (Unclaimed Profile)   |   3 Answers
Unfortunately, there is no law for the circumstances you described. Find your former roommates another roommate. You are liable if you are on the lease, and your room mates have little incentive to work with you on the matter while you pay rent.
Unfortunately, there is no law for the circumstances you described. Find your former roommates another roommate. You are liable if you are on... Read More

What is the statue of limitations for collecting late fee?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
Five years.
Five years.

Can the trailer park manager force me to get rid of my pit bull?

Answered 12 years and 7 months ago by William Joseph Bidwell (Unclaimed Profile)   |   3 Answers
It depends upon what your lease states.
It depends upon what your lease states.

Can the trailer park manager force me to get rid of my pit bull?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers
Yes, if the lease allows the manager to make that determination.
Yes, if the lease allows the manager to make that determination.

Can the trailer park manager force me to get rid of my pit bull?

Answered 12 years and 7 months ago by Ronald Daniel Dessy (Unclaimed Profile)   |   3 Answers
Pit bulls are commonly excluded under insurance policies. If you were to obtain insurance covering liability for your pitbull, coupled with a doctors note that you need this dog for support purposes, that should do the job. You may wish to Google "reasonable accommodation" and dog.
Pit bulls are commonly excluded under insurance policies. If you were to obtain insurance covering liability for your pitbull, coupled with a doctors... Read More

Who is responsible for modifications of the duplex I'm renting if wheelchair does not fit through bathroom door?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
Probably the landlord. You may have to file an ADA claim.
Probably the landlord. You may have to file an ADA claim.

Who should have the security deposit now that the lease is up?

Answered 12 years and 8 months ago by James T Weiner (Unclaimed Profile)   |   2 Answers
Generally you need to sue the other tenants for their part of the lease for the months they were absent. Then get a judgment for all of what is owed and take it from their portion of the security deposit. In the mean time, tell your ex landlord what is happening and ask him to issue a check just to you or in the alternative issue a joint check to all of you and not divide it up then nobody will be able to cash it until the lawsuit is over. Then you will be able to garnish their portion of the security deposit as partial reimbursement.... Read More
Generally you need to sue the other tenants for their part of the lease for the months they were absent. Then get a judgment for all of what is owed... Read More

What can I legally do about getting my rent and money spent on home improvements back from the landlord?

Answered 12 years and 8 months ago by Frances Ann Headley (Unclaimed Profile)   |   3 Answers
You should consider filing a criminal complaint and then consult an attorney about the fraud.
You should consider filing a criminal complaint and then consult an attorney about the fraud.

Can I file a protection or a restraining order against my neighbor if he is taunting the kids?

Answered 12 years and 8 months ago by Mr. Kenneth A Prigmore (Unclaimed Profile)   |   3 Answers
Yes, you can request a restraining order for inappropriate behavior. You will have a better chance of success if you can bring evidence other than testimony regarding her actions. Video or audio recordings will go a long way.
Yes, you can request a restraining order for inappropriate behavior. You will have a better chance of success if you can bring evidence other than... Read More

Can I file a protection or a restraining order against my neighbor if he is taunting the kids?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers
You can ask. You will need to establish that she is threatening them. I don't know if "taunting" rises to that level.
You can ask. You will need to establish that she is threatening them. I don't know if "taunting" rises to that level.

Can I file a protection or a restraining order against my neighbor if he is taunting the kids?

Answered 12 years and 8 months ago by attorney Jay A. Rigdon   |   3 Answers
Taunting, no. Threatening, yes.
Taunting, no. Threatening, yes.

Should I pay for damages that I can only see pictures of? Should I pay the $1300 or go to court as now I am hearing that tile needs to be replaced?

Answered 12 years and 8 months ago by Mr. Kenneth A Prigmore (Unclaimed Profile)   |   2 Answers
I would tell the person suing that you would like to inspect the damages yourself, and that if they are real and appear to be your fault, you will be happy to pay for the cost of repair. It would be best to contact a repairman and request a quote. If they refuse to allow your repairman in to view the tile, you will have helpful evidence in court that they have refused to prove their damages. If they are trying to scam you, it is possible the photos are from another condo in your area. I would not pay after viewing only photos. A professional will also be able to tell the real cause of the damage if there is any.... Read More
I would tell the person suing that you would like to inspect the damages yourself, and that if they are real and appear to be your fault, you will be... Read More

Should I pay for damages that I can only see pictures of? Should I pay the $1300 or go to court as now I am hearing that tile needs to be replaced?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers
If the repair guy saw it, that should be sufficient. However, I suggest that somebody look at the plumbing as well. How do you know it is your fault and not a problem with the plumbing that would be the association's responsibility?
If the repair guy saw it, that should be sufficient. However, I suggest that somebody look at the plumbing as well. How do you know it is your... Read More
Landlord and Tenant Law
Idaho

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