2006 Legislation
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SENATE BILL NO. 1296 – Tenant at sufferance, actions

SENATE BILL NO. 1296

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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