Landlord Rights in Idaho
Landlords in Idaho must follow the law when entering into a lease agreement with a tenant. The law protects the property owner and the tenant during the course of the landlord tenant relationship. Property owners can use the remedies in the law in the event the property is damaged or a tenant fails to pay rent.
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Lease Agreements
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The lease agreement is a contract between the landlord and tenant that protects both parties during the landlord and tenant relationship. A lease agreement should include the name, address and contact information for the landlord and the tenant. The contract should state who is responsible for the maintenance of the property, the amount of the rent, late fees, the amount of the security deposit and the rules for living in the rental property. The lease agreement should also state the bank holding the security deposit. A landlord should spell out what he can use the security deposit for at the end of the landlord-tenant relationship, such as repairs to the property and unpaid rent.
A lease should also state the policies regarding notice at the end of the contract. Property owners can state the policy regarding entering the property for repairs and maintenance. The lease states the responsibilities for each party in regards to the maintenance of the property, but landlords in Idaho are required to comply with state regulations in regards to maintaining a safe and healthy property.
Security Deposits
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In the state of Idaho, landlords may require the tenant to pay a security deposit. Property owners in Idaho cannot use the security deposit for normal wear and tear of the property, such as cleaning and painting. Landlords have the right to use the security deposit to repair damage to the rental unit but must provide the tenant with an itemization of the expenditures. Property owners must return the security deposit within 21 days after the tenant leaves the property under Idaho law. The landlord and tenant can arrange for the security deposit to be returned up to 30 days as long as both parties agree.
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Evictions
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Property owners must give tenants a three-day notice to pay unpaid rent before the eviction process can begin. Once the three days have passed, the landlord may file a summons and complaint against the tenant to begin the eviction process in Idaho. The court may schedule a hearing within 12 days under some circumstances such as non-payment of rent or if the tenant engages in illegal activities on the property. In other cases, the tenant has 20 days to respond to the complaint.
The landlord may recover attorney fees and court costs if the court finds in favor of the landlord during the eviction hearing. A property owner must file a separate lawsuit to recover unpaid rent or damages to the property.
Moving Tenants Out
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To remove the tenants from the property after an eviction, the landlord can obtain a writ of restitution from the court. With the writ of restitution, a sheriff will remove the tenant from the property along with his personal belongings.
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References
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