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S1296................................................by JUDICIARY AND RULES TENANT AT SUFFERANCE - Amends existing law to clarify that actions for forcible entry and unlawful detainer may be filed against a defendant who is a tenant at sufferance pursuant to Section 45-1506(11), Idaho Code. 01/23 Senate intro - 1st rdg - to printing 01/24 Rpt prt - to Jud 01/31 Rpt out - rec d/p - to 2nd rdg 02/01 2nd rdg - to 3rd rdg 02/02 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Davis Title apvd - to House 02/03 House intro - 1st rdg - to Jud 03/10 Rpt out - rec d/p - to 2nd rdg 03/13 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Hart, McGeachin Floor Sponsor - Ellsworth Title apvd - to Senate 03/23 To enrol 03/24 Rpt enrol - Pres signed - Sp signed 03/27 To Governor 03/30 Governor signed Session Law Chapter 248 Effective: 03/30/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1296 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO ACTIONS FOR FORCIBLE ENTRY AND UNLAWFUL DETAINER; AMENDING SECTION 3 6-310, IDAHO CODE, TO PROVIDE FOR ACTIONS AND NOTICE WHEN A TENANT IS A 4 TENANT AT SUFFERANCE; AMENDING SECTION 6-311, IDAHO CODE, TO PROVIDE 5 APPLICATION OF THE STATUTE ON CONTINUANCES TO A PERSON WHO IS IN POSSES- 6 SION OF THE PROPERTY AND IS A TENANT AT SUFFERANCE; AMENDING SECTION 7 6-311A, IDAHO CODE, TO PROVIDE FOR A TRIAL WITHOUT A JURY IF THE TENANT IS 8 A TENANT AT SUFFERANCE; AND DECLARING AN EMERGENCY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 6-310, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 6-310. ACTION FOR POSSESSION -- COMPLAINT -- SUMMONS. In an action exclu- 13 sively for possession of a tract of land of five (5) acres or less for the 14 nonpayment of rent, or on the grounds that a landlord has reasonable grounds 15 to believe that any person is, or has been, engaged in the unlawful delivery, 16 production or use of a controlled substance on the leased premises during the 17 term for which the premises are let to the tenant, or in the event the tenant 18 is a tenant at sufferance pursuant to subsection (11) of section 45-1506, 19 Idaho Code, it is sufficient to state in the complaint: 20 (1) A description of the premises with convenient certainty; 21 (2) That the defendant is in possession of the premises; 22 (3) That the defendant entered upon the premises, holds the premises, and 23 is in default of the payment of rent or that the landlord has reasonable 24 grounds to believe that any person is, or has been, engaged in the unlawful 25 delivery, production or use of a controlled substance on the leased premises 26 during the term for which the premises are let to the tenant; 27 (4) That all notices required by law have been served upon the defendant 28 in the required manner or no notice is required because the defendant is a 29 tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho 30 Code; and 31 (5) That the plaintiff is entitled to the possession of the premises. 32 Upon filing the complaint, a summons must be issued, served and returned as in 33 other actions, provided, however, that at the time of issuance of the summons, 34 the court shall schedule a trial within twelve (12) days from the filing of 35 the complaint and the service of the summons, complaint and trial setting on 36 the defendant shall be not less than five (5) days before the day of trial 37 appointed by the court. 38 SECTION 2. That Section 6-311, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 6-311. CONTINUANCE. In an action exclusively for possession of a tract of 41 land of five (5) acres or less for the nonpayment of rent or if a landlord has 2 1 alleged that the landlord has reasonable grounds to believe that any person, 2 is or has been, engaged in the unlawful delivery, production, or use of a con- 3 trolled substance during the term for which the premises are let to the ten- 4 ant, or if the person is in possession of the property and is a tenant at suf- 5 ferance pursuant to subsection (11) of section 45-1506, Idaho Code, no contin- 6 uance shall be granted for a longer period than two (2) days unless the 7 defendant applying therefor gives an undertaking to the adverse party with 8 good and sufficient security, to be approved by the court, conditioned for the 9 payment of the rent that may accrue if judgment is rendered against the 10 defendant. 11 SECTION 3. That Section 6-311A, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 6-311A. JUDGMENT ON TRIAL BY COURT. In an action exclusively for posses- 14 sion of a tract of land of five (5) acres or less for the nonpayment of rent 15 or on the grounds that the landlord has reasonable grounds to believe that a 16 person is, or has been, engaged in the unlawful delivery, production, or use 17 of a controlled substance on the leased premises during the term for which the 18 premises are let to the tenant, or if the tenant is a tenant at sufferance 19 pursuant to subsection (11) of section 45-1506, Idaho Code, the action shall 20 be tried by the court without a jury. If, after hearing the evidence the court 21 concludes that the complaint is not true, it shall enter judgment against the 22 plaintiff for costs and disbursements. If the court finds the complaint true 23 or if judgment is rendered by default, it shall render a general judgment 24 against the defendant and in favor of the plaintiff, for restitution of the 25 premises and the costs and disbursements of the action. If the court finds the 26 complaint true in part, it shall render judgment for the restitution of such 27 part only, and the costs and disbursements shall be taxed as the court deems 28 just and equitable. No provision of this law shall be construed to prevent the 29 bringing of an action for damages. 30 SECTION 4. An emergency existing therefor, which emergency is hereby 31 declared to exist, this act shall be in full force and effect on and after its 32 passage and approval.
STATEMENT OF PURPOSE RS 15442 The purpose of this legislation is to extend Idaho's unlawful detainer action (eviction proceeding) to a tenant at sufferance. FISCAL NOTE None Contact Name: Senator Bart M. Davis Phone: 208.332.1305 STATEMENT OF PURPOSE/FISCAL NOTE S 1296