The top 5 myths about eviction in Idaho
There are many myths about how tenants can be legally evicted from rental units. Some landlords follow the law to a T, while others believe they can do whatever they’d like to get tenants out. In reality, eviction is not good for either the landlord or the tenant. Going through the legal process takes time and money for both parties, as well as an emotional toll. And not knowing the rules around eviction can make a bad situation even worse.
In this blog, we’ve listed out what’s fact and what’s fiction when it comes to eviction. This can help landlords ensure they are following the law and best practices, and tenants can know their rights and responsibilities so they can make informed decisions during the eviction process.
MYTH 1:
A landlord can carry out an eviction on their own.
Some landlords believe that a “self-help” eviction, where they change the locks or dump a tenant’s belongings on the curb, is legal. We hear from some tenants whose landlords have told them they are being evicted, without explaining the process. Those tenants often believe their landlord is allowed to kick them out without a legal process.
Instead, landlords and tenants must follow the procedures set out in Idaho Code. These requirements include a 3-day notice to pay or quit, followed by a formal eviction complaint, and judgment for the landlord at the eviction hearing. This process usually happens over a 1-2 week period. For more information about the legal eviction process, check out our FAQ page.
In Idaho, landlords are required to provide tenants with proper notice of their eviction and allow the tenant to pay the overdue rent or comply with the lease. They cannot shut off the utilities, change the locks, confiscate the tenant's property, or do anything other than institute legal eviction proceedings.
Formal eviction procedures are not the only way for landlords and tenants to resolve disputes. There are many community resources available that can be accessed pre-court, which you can also find on our website. Mediation is also available in Ada and Canyon County courts to allow parties to help parties work out legally-binding agreements and avoid an eviction judgment. The agreements can address any issues between the parties, and if a tenant complies with the agreement they can avoid a judgment.
MYTH 2:
Landlords can evict tenants for any reason at all.
Landlords must have a valid and legal basis to evict a tenant. According to the law, expedited eviction proceedings can be initiated in Idaho for nonpayment of rent or drug activities committed on the premises. Other eviction proceedings can be initiated if a tenant otherwise violates their lease, but they have 21 days to respond to the landlord's complaint.
Eviction can’t be based on anything discriminatory that is covered by the Fair Housing Act, or because of something personal. Basically, a landlord can’t evict a tenant who is paying their rent and complying with the lease agreement and law.
MYTH 3:
Only parties with written leases are landlords and tenants.
Idaho recognizes oral leases for tenancies lasting less than one year as long as the parties agree to all terms. Even if other people are living in the home, an argument could be made that they are a tenant by oral lease agreement. The terms of an oral agreement are difficult to prove. A written, signed lease avoids the problems of a “he said/she said” situation.
MYTH 4:
If my landlord isn’t making necessary repairs or maintenance, I can withhold rent.
Even if your landlord is not keeping the property habitable, they can still evict you if you stop paying rent. If something in your home requires repair for the property to be safe and livable but your landlord is not making those necessary repairs, you should call Idaho Legal Aid.
MYTH 5:
Eviction isn’t that big of a deal.
Anytime an eviction complaint is filed, a public record is generated with the court, which means anyone will be able to visit the icourt website and pull up the case. Even if the case is dismissed, the eviction will still be “on your record.” If a tenant does not show up to court at all, they automatically receive a default judgment. An eviction record is something that sticks with someone their entire lives in Idaho, and it is not possible to get an eviction expunged from public record. Any future landlord or employer can see it. Eviction records can also affect your credit score.
Following eviction laws can save both landlords and tenants trouble. Make sure that you are avoiding these myths and doing everything that you can to avoid the eviction process, and it’s likely that everyone will walk away in a much better position. And before initiating eviction, contact Jesse Tree for assistance and we’ll do our best to get the case resolved.