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.

How can I evict someone the fast and legal way?

Answered 12 years and 8 months ago by Mr. Kenneth A Prigmore (Unclaimed Profile)   |   4 Answers
The next step depends on the contents of the "legal court I quit papers" that you have already served on the tenant. If the notice of failure to pay or quit was prepared properly, and the time allowed to pay or leave has passed, your next step would be to go to court and file a complaint requesting return of the property. Evictions can be complicated. If you can't afford an attorney, you will want to attend a free legal clinic to get advice. Contact the state bar office in your state, or the nearest law school to find the clinic and hours.... Read More
The next step depends on the contents of the "legal court I quit papers" that you have already served on the tenant. If the notice of failure to pay... Read More

How can I evict someone the fast and legal way?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers
You need to get an eviction order telling the sheriff to take that person's property out of the house.
You need to get an eviction order telling the sheriff to take that person's property out of the house.

How can I evict someone the fast and legal way?

Answered 12 years and 8 months ago by William Joseph Bidwell (Unclaimed Profile)   |   4 Answers
You file a quit notice. Go to your local district court and obtain a complaint for re-possession and damages. A third party (other than yourself) must serve the complaint along with a summons. The court will schedule a hearing within a few weeks. Once the judge grants an eviction order, the individual has 30 days to vacate. If the tenant refuses to leave, then the sheriff will physically move the individual out. You may wish to contact an attorney.... Read More
You file a quit notice. Go to your local district court and obtain a complaint for re-possession and damages. A third party (other than yourself)... Read More

How can I evict someone the fast and legal way?

Answered 12 years and 8 months ago by Ronald Daniel Dessy (Unclaimed Profile)   |   4 Answers
Assuming that you served this tenant with a notice to pay or quit, that strictly complies with all of California's technicalities, the next step would be to prosecute an eviction action against the tenant.
Assuming that you served this tenant with a notice to pay or quit, that strictly complies with all of California's technicalities, the next step... Read More

Can my 18 year old stepson have his girlfriend sleep over my home against my wishes?

Answered 12 years and 8 months ago by Joseph T G Harper (Unclaimed Profile)   |   2 Answers
If he is threatening you, and if you are in fear for your safety, you can go to the courts and apply for a protection order and have him restrained from coming near you and your home.
If he is threatening you, and if you are in fear for your safety, you can go to the courts and apply for a protection order and have him restrained... Read More

How do I kick the father of my baby out if he has his name on the lease but fails to pay rent?

Answered 12 years and 8 months ago by Ronald Daniel Dessy (Unclaimed Profile)   |   2 Answers
The only way for one tenant to move another tenant out, would be if you qualify for a court issued restraining order requiring the other tenant to move out, which would typically require some type of domestic violence issues.
The only way for one tenant to move another tenant out, would be if you qualify for a court issued restraining order requiring the other tenant to... Read More

How can I evict tenants in order to sell the house?

Answered 12 years and 8 months ago by Ronald Daniel Dessy (Unclaimed Profile)   |   4 Answers
An eviction is a two-step process. First you must serve the tenant with a notice to quit, and then, if the tenant does not vacate within the time allowed, you must file an eviction action. If the tenant has lived there over a year, the tenant is entitled to 60 days notice, and otherwise 30 days notice. If you search the web for California judicial Council forms, you should be able to find a fill in the blank form of eviction complaint. Likewise, you should be able to find a form of summons to serve the complaint. Different counties require the service and filing of additional documents when the eviction action is commenced, so check with the Superior Court in the county in which the property is located. Some Superior Court websites also have Pages that provide additional assistance on handling the details of Eviction action. If you are trying to avoid the cost of using an attorney, the next best approach would be to use a registered unlawful detainer assistant.... Read More
An eviction is a two-step process. First you must serve the tenant with a notice to quit, and then, if the tenant does not vacate within the time... Read More

What legal recourse do I have if my sewer has been backing up?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
All three pay for the repair, you sue your neighbor for your portion because his plumber caused the problem and then he sues the plumber.
All three pay for the repair, you sue your neighbor for your portion because his plumber caused the problem and then he sues the plumber.

How can I get my grandson off the deed?

Answered 12 years and 8 months ago by Ronald Daniel Dessy (Unclaimed Profile)   |   3 Answers
You will have to file a partition action in court, which allows any co-owner to force the liquidation of all co-owned interests.
You will have to file a partition action in court, which allows any co-owner to force the liquidation of all co-owned interests.

How can I evict my ex girlfriend?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
Have you leased the premises to her? Is she making payments on the lease? If so, you can't. If she is not, you give her a 30-day notice to leave and if she doesn't, you file an action for eviction.
Have you leased the premises to her? Is she making payments on the lease? If so, you can't. If she is not, you give her a 30-day notice to leave... Read More

Can the board make this vote without giving the full 30 days for members of the community to comment on this proposal?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
Maybe, but think about it. There was almost a full 30 days for people to comment. Have they? Will all of the comments received be considered at the meeting. Will any comment that comes in the 1 day period that might be available be any different than comments already received. I do not think a judge will be too concerned about a 1 day missing of the deadline.... Read More
Maybe, but think about it. There was almost a full 30 days for people to comment. Have they? Will all of the comments received be considered at... Read More

What are your right as a home owner to kick someone who is not paying rent or anything to do with the home?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
You have to notify them to leave and if they don't, you have to file an action to evict them. Or, if they are broke, you could wait until they leave, box up there stuff and put it on the front porch. Don't forget to change the locks. You may be liable for damages, but I think they will be minimal.... Read More
You have to notify them to leave and if they don't, you have to file an action to evict them. Or, if they are broke, you could wait until they... Read More

Can a landlord change a lease without my knowing?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
Leave and sue him in small claims court for your deposit if he doesn't return it.
Leave and sue him in small claims court for your deposit if he doesn't return it.

What will happen to the security deposit on the sale of a property?

Answered 12 years and 8 months ago by John F Brennan (Unclaimed Profile)   |   2 Answers
You are probably out your security deposit. The fact the landlord did not fix the damages but allow a credit for them is irrelevant.
You are probably out your security deposit. The fact the landlord did not fix the damages but allow a credit for them is irrelevant.

Can I start a business at home even if the HOA rules states "no gainful occupation"?

Answered 12 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   3 Answers
If no one comes to your unit then how will anyone know that you are running a business The rule in general is just to prevent parking problems and increased noise.
If no one comes to your unit then how will anyone know that you are running a business The rule in general is just to prevent parking problems and... Read More

Can my underage daughter be photographed in her bathing suit without my knowledge?

Answered 12 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   2 Answers
I assume the camera was put there for security purposes and/or to prevent unauthorized people from using the pool. It may also be there to provide aid in case someone gets injured [if it has a live feed to someone in the club house]. Your daughter has no expectancy of privacy at the pool and it is not illegal to take her pictures. The condo association owns the pictures but probably can not make commercial use of them without compensation or approval.... Read More
I assume the camera was put there for security purposes and/or to prevent unauthorized people from using the pool. It may also be there to provide... Read More

Is it legal for the apartment owner to take the money without any written authorization and and can I sue them for that?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   1 Answer
Because of the language barrier, you authorized it, otherwise they would not have your debit card or the ability to tap it. Sue your landlord for whatever the dispute is.
Because of the language barrier, you authorized it, otherwise they would not have your debit card or the ability to tap it. Sue your landlord for... Read More

Can 3 current trustees refuse to elect a new trustee?

Answered 12 years and 8 months ago by Ronald Daniel Dessy (Unclaimed Profile)   |   2 Answers
There is no such thing as a "residential lane indenture" in California real estate law. As a matter of curiosity, I goggled this term, And it simply does not exist anywhere. Google was also unable to find the term "residential land indenture."
There is no such thing as a "residential lane indenture" in California real estate law. As a matter of curiosity, I goggled this term, And it simply... Read More
You need to take a copy of the plat or survey report and your deed to a real estate attorney for review. He or she will be able to tell you what you can do about the easement, if there is one.
You need to take a copy of the plat or survey report and your deed to a real estate attorney for review. He or she will be able to tell you what you... Read More

How can I make someone move out if the lease is in my name only?

Answered 12 years and 8 months ago by James T Weiner (Unclaimed Profile)   |   3 Answers
You can evict him, you stand in the position of landlord to him. Anything else is difficult. If it becomes physical and you are afraid of physically getting hurt. You can file a PPO (personal protection order) and then he will have to move because he will not be allowed within the house. But do not lie on the application its perjury and can get you in a lot of trouble.... Read More
You can evict him, you stand in the position of landlord to him. Anything else is difficult. If it becomes physical and you are afraid of physically... Read More

How can I make someone move out if the lease is in my name only?

Answered 12 years and 8 months ago by Lisa Hurtado McDonnell (Unclaimed Profile)   |   3 Answers
Does he pay rent? If so then You can give him a thirty notice in writing.
Does he pay rent? If so then You can give him a thirty notice in writing.

How can I make someone move out if the lease is in my name only?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers
You can file a complaint to evict him.
You can file a complaint to evict him.

If a tenant intentionally stopped up a toilet with a t-shirt, what recourse does the landlord have?

Answered 12 years and 8 months ago by James T Weiner (Unclaimed Profile)   |   5 Answers
That is an intentional act of vandalism you can charge the tenant with all of the damages and get a judgment that is non dischargable in bankruptcy.
That is an intentional act of vandalism you can charge the tenant with all of the damages and get a judgment that is non dischargable in bankruptcy.

How do you get someone to move out of a house when they are on the lease?

Answered 12 years and 8 months ago by Erven T. Nelson (Unclaimed Profile)   |   2 Answers
You are in a difficult situation, and I hope you learn something from it. Unless he is violating the terms of the lease, you can't make him leave. Don't give him the car. Get out of the place as soon as you can.
You are in a difficult situation, and I hope you learn something from it. Unless he is violating the terms of the lease, you can't make him leave. ... Read More

What do we do for warrant for theft, theft of mail and trespassing?

Answered 12 years and 8 months ago by Ronald Daniel Dessy (Unclaimed Profile)   |   3 Answers
It does not sound like law-enforcement would pursue this matter after hearing your side of the story. It may be to your advantage to take the other person to small claims court for a refund of the money paid, as if you win there, law-enforcement would be less likely to pursue any claims against you.... Read More
It does not sound like law-enforcement would pursue this matter after hearing your side of the story. It may be to your advantage to take the other... Read More