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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 - 2006
IN 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