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S1119................................................by JUDICIARY AND RULES
TENANTS - MANUFACTURE CONTROLLED SUBSTANCE - Amends existing law to provide
for reasonable suspicion of the unlawful delivery, production or use of a
controlled substance as grounds for initiating an action of unlawful
detainer by a landlord for property occupied by a tenant.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, Lee, Lodge, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Davis, King-Barrutia
Floor Sponsor -- Ipsen
Title apvd - to House
02/27 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
Rls susp - PASSED - 63-3-4
AYES -- Barraclough, Barrett, Bedke, Bell, Black, Bolz, Bradford,
Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Jones, Kellogg, Kendell, Lake, Langford, Loertscher, Mader, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Schaefer, Sellman, Shepherd,
Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Young,
Mr. Speaker
NAYS -- Bieter, Boe, Marley
Absent and excused -- Chase, Kunz, Sali, Wood
Floor Sponsor -- Moss
Title apvd - to Senate
03/20 To enrol
03/21 Rpt enrol - Pres signed
Sp signed
03/22 To Governor
03/26 Governor signed
Session Law Chapter 203
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1119
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO UNLAWFUL DETAINER; AMENDING SECTION 6-303, IDAHO CODE, TO PROVIDE
3 THAT A TENANT OF REAL PROPERTY IS GUILTY OF UNLAWFUL DETAINER IF ANY PER-
4 SON UNLAWFULLY ENGAGES IN THE DELIVERY, PRODUCTION OR USE OF A CONTROLLED
5 SUBSTANCE ON THE PREMISES OF THE LEASED PROPERTY DURING THE LEASE TERM AND
6 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 6-310, IDAHO CODE, TO PRO-
7 VIDE A CLAIM FOR RELIEF IN AN ACTION FOR POSSESSION BY A LANDLORD WHO HAS
8 REASONABLE GROUNDS TO BELIEVE A TENANT OR OTHER PERSON IS ENGAGED IN THE
9 UNLAWFUL DELIVERY, PRODUCTION OR USE OF A CONTROLLED SUBSTANCE ON THE
10 LANDLORD'S LEASED PROPERTY DURING THE LEASE TERM; AMENDING SECTION 6-311,
11 IDAHO CODE, TO LIMIT THE GRANT OF A CONTINUANCE IN CASES INVOLVING THE
12 POSSESSION OF REAL PROPERTY IN ACTIONS WHERE THE LANDLORD HAS REASONABLE
13 GROUNDS TO BELIEVE THAT A PERSON HAS BEEN ENGAGED IN THE UNLAWFUL DELIV-
14 ERY, PRODUCTION OR USE OF CONTROLLED SUBSTANCES DURING THE LEASE TERM;
15 AMENDING SECTION 6-311A, IDAHO CODE, TO PROVIDE THAT IN AN ACTION FOR POS-
16 SESSION OF REAL PROPERTY BASED UPON A COMPLAINT ALLEGING THAT THE LANDLORD
17 HAS REASONABLE GROUNDS TO BELIEVE THAT A PERSON IS ENGAGED IN THE UNLAWFUL
18 DELIVERY, PRODUCTION OR USE OF A CONTROLLED SUBSTANCE OR LEASED PREMISES
19 DURING THE TERM OF THE LEASE, THE MATTER SHALL BE TRIED BEFORE THE COURT
20 WITHOUT A JURY; AMENDING SECTION 6-311E, IDAHO CODE, TO PROVIDE THAT A
21 LANDLORD MAY RECOVER DAMAGES FROM A TENANT IN AN ACTION FOR DAMAGES ARIS-
22 ING OUT OF THE UNLAWFUL PRODUCTION OF A CONTROLLED SUBSTANCE ON LEASED
23 PREMISES DURING THE TERM OF THE LEASE AND TO CORRECT A CODIFIER'S ERROR;
24 AND AMENDING SECTION 6-316, IDAHO CODE, TO PROVIDE FOR FORFEITURE OF THE
25 LEASE AND FOR DAMAGES TO BE AWARDED TO A LANDLORD WHO HAS REASONABLE
26 GROUNDS TO BELIEVE THAT A PERSON IS, OR HAS BEEN ENGAGED IN THE UNLAWFUL
27 DELIVERY, PRODUCTION OR USE OF A CONTROLLED SUBSTANCE.
28 Be It Enacted by the Legislature of the State of Idaho:
29 SECTION 1. That Section 6-303, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 6-303. UNLAWFUL DETAINER DEFINED. A tenant of real property, for a term
32 less than life, is guilty of an unlawful detainer:
33 1. When he continues in possession, in person or by subtenant, of the
34 property, or any part thereof, after the expiration of the term for which it
35 is let to him, without the permission of his landlord, or the successor in
36 estate of his landlord, if any there be; but in case of a tenancy at will, it
37 must first be terminated by notice, as prescribed in the Ccivil Ccode.
38 2. Where he continues in possession, in person or by subtenant, without
39 permission of his landlord, or the successor in estate of his landlord, if any
40 there be, after default in the payment of rent, pursuant to the lease or
41 agreement under which the property is held, and three (3) days' notice, in
42 writing, requiring its payment, stating the amount which is due, or possession
43 of the property, shall have been served upon him, and if there be a subtenant
2
1 in actual occupation of the premises, also upon such subtenant. Such notice
2 may be served at any time within one (1) year after the rent becomes due. In
3 all cases of tenancy upon agricultural lands, where the tenant has held over
4 and retained possession for more than sixty (60) days after the expiration of
5 his term without any demand of possession or notice to quit by the landlord,
6 or the successor in estate of his landlord, if any there be, he shall be
7 deemed to be holding by permission of the landlord, or the successor in estate
8 of his landlord, if any there be, and shall be entitled to hold under the
9 terms of the lease for another full year, and shall not be guilty of an unlaw-
10 ful detainer during said year, and such holding over for the period aforesaid
11 shall be taken and construed as a consent on the part of a tenant to hold for
12 another year.
13 3. Where he continues in possession in person, or by subtenants, after a
14 neglect or failure to perform other conditions or covenants of the lease or
15 agreement under which the property is held, including any covenant not to
16 assign or sublet, than the one for payment of rent, and three (3) days'
17 notice, in writing, requiring the performance of such conditions or covenants,
18 or the possession of the property, shall have been served upon him, and if
19 there be a subtenant in actual occupation of the premises, also upon such
20 subtenant. Within three (3) days after the service of the notice, the tenant,
21 or any subtenant in actual occupation of the premises, or any mortgagee of the
22 term, or other person interested in its continuance, may perform the condi-
23 tions or covenants of the lease, or pay the stipulated rent, as the case may
24 be, and thereby save the lease from forfeiture: provided, if the covenants and
25 conditions of the lease, violated by the lessee, can not afterward be per-
26 formed, then no notice, as last prescribed herein, need be given to said les-
27 see or his subtenant demanding the performance of the violated covenant or
28 conditions of the lease. A tenant may take proceedings similar to those pre-
29 scribed in this chapter, to obtain possession of premises let to an
30 undertenant, in case of his unlawful detention of the premises underlet to
31 him.
32 4. A tenant or subtenant, assigning or subletting, or committing waste
33 upon, the demised premises contrary to the covenants of his lease, thereby
34 terminates the lease, and the landlord, or his successor in estate, shall,
35 upon service of three (3) days' notice to quit upon the person or persons in
36 possession, be entitled to restitution of possession of such demised premises
37 under the provisions of this chapter.
38 5. If any person is, or has been, engaged in the unlawful delivery, pro-
39 duction or use of a controlled substance on the premises of the leased prop-
40 erty during the term for which the premises are let to the tenant. For pur-
41 poses of this chapter, the terms "delivery," "production," and "controlled
42 substance" shall be defined as set forth in section 37-2701, Idaho Code.
43 SECTION 2. That Section 6-310, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 6-310. ACTION FOR POSSESSION -- COMPLAINT -- SUMMONS. In an action exclu-
46 sively for possession of a tract of land of five (5) acres or less for the
47 nonpayment of rent, or on the grounds that a landlord has reasonable grounds
48 to believe that any person is, or has been, engaged in the unlawful delivery,
49 production or use of a controlled substance on the leased premises during the
50 term for which the premises are let to the tenant, it is sufficient to state
51 in the complaint:
52 (1) A description of the premises with convenient certainty;
53 (2) That the defendant is in possession of the premises;
3
1 (3) That the defendant entered upon the premises, holds the premises, and
2 is in default of the payment of rent or that the landlord has reasonable
3 grounds to believe that any person is, or has been, engaged in the unlawful
4 delivery, production or use of a controlled substance on the leased premises
5 during the term for which the premises are let to the tenant;
6 (4) That all notices required by law have been served upon the defendant
7 in the required manner; and
8 (5) That the plaintiff is entitled to the possession of the premises.
9 Upon filing the complaint, a summons must be issued, served and returned as
10 in other actions, provided, however, that at the time of issuance of the sum-
11 mons, the court shall schedule a trial within twelve (12) days from the filing
12 of the complaint and the service of the summons, complaint and trial setting
13 on the defendant shall be not less than five (5) days before the day of trial
14 appointed by the court.
15 SECTION 3. That Section 6-311, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 6-311. CONTINUANCE. In an action exclusively for possession of a tract of
18 land of five (5) acres or less for the nonpayment of rent or if a landlord has
19 alleged that the landlord has reasonable grounds to believe that any person,
20 is or has been, engaged in the unlawful delivery, production, or use of a con-
21 trolled substance during the term for which the premises are let to the
22 tenant, no continuance shall be granted for a longer period than two (2) days
23 unless the defendant applying therefor gives an undertaking to the adverse
24 party with good and sufficient security, to be approved by the court, condi-
25 tioned for the payment of the rent that may accrue if judgment is rendered
26 against the defendant.
27 SECTION 4. That Section 6-311A, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 6-311A. JUDGMENT ON TRIAL BY COURT. In an action exclusively for posses-
30 sion of a tract of land of five (5) acres or less for the nonpayment of rent
31 or on the grounds that the landlord has reasonable grounds to believe that a
32 person is, or has been, engaged in the unlawful delivery, production, or use
33 of a controlled substance on the leased premises during the term for which the
34 premises are let to the tenant, the action shall be tried by the court without
35 a jury. If, after hearing the evidence the court concludes that the complaint
36 is not true, it shall enter judgment against the plaintiff for costs and dis-
37 bursements. If the court finds the complaint true or if judgment is rendered
38 by default, it shall render a general judgment against the defendant and in
39 favor of the plaintiff, for restitution of the premises and the costs and dis-
40 bursements of the action. If the court finds the complaint true in part, it
41 shall render judgment for the restitution of such part only, and the costs and
42 disbursements shall be taxed as the court deems just and equitable. No provi-
43 sion of this law shall be construed to prevent the bringing of an action for
44 damages.
45 SECTION 5. That Section 6-311E, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 6-311E. ACTION FOR DAMAGES -- COMPLAINT -- SUMMONS. In an action for dam-
48 ages incurred as a result of failure to pay rent or damages as a result of the
49 unlawful production of a controlled substance on the leased premises during
4
1 the term for which the premises are let to the tenant, the plaintiff in his
2 complaint must set forth the facts on which he seeks to recover. If the plain-
3 tiff combines his action for damages with an action for possession, the com-
4 plaint shall also describe the premises with reasonable certainty and may set
5 forth therein any circumstances which may have accompanied the alleged nonpay-
6 ment of rent or the facts which are the basis for the landlord's reasonable
7 grounds to believe that a person is, or has been, engaged in the unlawful
8 production of a controlled substance on the leased premises during the term
9 for which the premises are let to the tenant, and claim damages therefor; pro-
10 vided, however, that the early trial provision of section 6-310, Idaho Code,
11 shall not be applicable when an action for damages is combined with an action
12 for possession. In an action for damages, a summons must be issued returnable
13 as in other cases upon filing the complaint.
14 SECTION 6. That Section 6-316, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 6-316. JUDGMENT -- RESTITUTION. If, upon the trial, the verdict of the
17 jury, or, if the case be tried without a jury, the finding of the court, be in
18 favor of the plaintiff and against the defendant, judgment shall be entered
19 for the restitution of the premises; and if the proceeding be for an unlawful
20 detainer after neglect or failure to perform the conditions or covenants of
21 the lease or agreement under which the property is held, or after default in
22 the payment of rent or based upon a finding that a landlord had reasonable
23 grounds to believe that a person is, or has been, engaged in the unlawful dis-
24 tribution, production, or use of a controlled substance on the leased premises
25 during the term for which the premises are let to the tenant, the judgment
26 shall also declare the forfeiture of such lease or agreement. The jury, or the
27 court, if the proceeding be tried without a jury, shall also assess the dam-
28 ages occasioned to the plaintiff by any forcible entry, or by any forcible or
29 unlawful detainer, alleged in the complaint and proved on the trial, and find
30 the amount of any rent due, if the alleged unlawful detainer be after default
31 in the payment of rent or, after default, based upon a finding that a landlord
32 had reasonable grounds to believe that a person is, or has been, engaged in
33 the unlawful distribution, production, or use of a controlled substance on the
34 leased premises during the term for which the premises are let to the tenant,
35 and the judgment shall be rendered against the defendant guilty of the forc-
36 ible entry, or forcible or unlawful detainer, for the amount of the damages
37 thus assessed, and of the rent found due. When the proceeding is for an unlaw-
38 ful detainer after default in payment of rent where the tract of land is
39 larger than five (5) acres, and the lease or agreement under which the rent is
40 payable has not by its terms expired, execution upon the judgment shall not be
41 issued until the expiration of five (5) days after the entry of the judgment,
42 within which time the tenant, or any subtenant, or any mortgagee of the term,
43 or other party interested in its continuance, may pay into court, for the
44 landlord, the amount found due as rent, with interest thereon, and the amount
45 of the damages found by the jury or the court for the unlawful detainer, and
46 the costs of the proceeding, and thereupon the judgment shall be satisfied and
47 the tenant be restored to his estate; but if payment as here provided be not
48 made within the five (5) days, the judgment may be enforced for its full
49 amount, and for the possession of the premises. In all other cases the judg-
50 ment may be enforced immediately.
STATEMENT OF PURPOSE
RS 11020
The purpose of the proposed amendments to the unlawful detainer statute
is to allow landlords a more rapid method of evicting those who are
illegally using or producing controlled substances on the landlord s
property. Currently the statute gives landlords the option of seeking a
judicial ruling for the eviction and/or collection of past due rent.
The proposed amendments would include reasonable grounds to believe
illegal production, distribution or use of controlled substances to be
the basis for bringing an action for unlawful detainer. The benefit to
the landlord is that the unlawful detainer statute provides for a 12-
day window for action, which is beneficial to the landlord trying to
evict someone who is producing controlled substances on the premises
and damaging the property.
The statute provides protections to tenants to ensure frivolous actions
are not brought before the judiciary. Also, the standard of "reasonable
grounds to believe" requires that a landlord must have specific and
articulable facts that would induce an ordinarily prudent and cautious
person to believe that the criminal activity is at hand. If the
judiciary finds that the landlord was incorrect in bringing the action,
then the judiciary may require the landlord to pay all costs and fees
associated with the tenant in their defense.
Finally, the legislation will allow the judiciary to order restitution
against and offending tenant for the recovery of damages associated
with the illegal production of controlled substances.
FISCAL IMPACT
There is no fiscal impact to state or local government
Contacts
Name: Sen. Grant Ipsen
Phone: 332 1332
Mark Dunham
Alex LaBeau
Idaho Association of REALTORS
342 3585
STATEMENT OF PURPOSE/FISCAL NOTE S 111