Idaho Landlord And Tenant Legal Questions

No, there is an automatic stay in effect. You need to get that lifted before you can take any action. You know, if she has been pay the late payment penalty along with the rent, you are doing pretty well. Why would you want to get rid of somebody who is paying, even if it is late? Think about it.... Read More

How do you know she filed. If its with the official court notice, I would recommend you not start eviction. If you did not receive any formal notice (I.E. she just told you), there should be no reason not to go ahead. You probably should have legal counsel on this. Also, many of these posts say they are from Wisconsin when they aren't, I am only talking about an eviction in Wisconsin.... Read More

Once a Bankruptcy is filed you must seek a court order from the Bankruptcy court itself in order to take any action against the tenant for either collection of rent or eviction. Once a Bankruptcy is filed an automatic stay goes into effect and no action may be taken with a relief of that automatic stay. You can go to the Bankruptcy court and file a Motion for Relief of Stay - Unlawful Detainer. If that motion is granted then you may be able to proceed with an eviction.... Read More

If the tenant fails to comply with the notice from the landlord within the period of time specified by the notice, the tenant's rights under the lease are forfeited. The forfeiture of the tenant's rights of continued possession, does not deprive the landlord of any other rights to enforce the lease provisions while the tenant unlawfully continues in possession following the failure to comply with a reasonable notice. Restated, the notice does not terminate the landlord's rights under the lease. Nonetheless, the second notice should've explained that it superseded and replaced the first notice, for the tenant to understand that he had continuing rights under the lease.... Read More

So long as your mother is mentally competent, she has the right side where she lives. If there is a question in that regard, you need to have her examined by the doctor, and if appropriate, obtain a court order making you the conservator of your mother. It sounds like there may be a claim for false imprisonment against the current housing provider, if your mother is prohibited from moving. If you have not yet done so, you should put the request to move your mother out into written form, so as to prompt a written response, explaining the position of the current housing provider.... Read More

He is a guest so you can give him a deadline in which to move out and then when he leaves the house change the locks on the doors. Tell him when you will put his clothing outside for him to pick up. You can call the police if you expect him to give you any trouble. You then may have to get a restraining order that he must stay at least 500 feet away from the house. Good luck.... Read More