TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 3

FORCIBLE ENTRY AND UNLAWFUL DETAINER

6-310.  Action for possession — Complaint — Summons. (1) In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent, or on the grounds that a landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, or in the event the tenant is a tenant at sufferance pursuant to section 45-1506(11), Idaho Code, it is sufficient to state in the complaint:

(a)  A description of the premises with convenient certainty;

(b)  That the defendant is in possession of the premises;

(c)  That the defendant entered upon the premises, holds the premises, and is in default of the payment of rent or that the landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant;

(d)  That all notices required by law have been served upon the defendant in the required manner or no notice is required because the defendant is a tenant at sufferance pursuant to section 45-1506(11), Idaho Code; and

(e)  That the plaintiff is entitled to the possession of the premises.

(2)  Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and notice of trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court.

(3)  In an action for possession against a defendant alleged to be occupying property as a result of forcible detainer, a property owner shall state in a verified complaint:

(a)  A description of the premises with convenient certainty;

(b)  That the defendant is in possession of the premises;

(c)  That the defendant entered upon the premises and holds the premises by means of forcible detainer;

(d)  That neither the property owner nor any agent thereof has ever entered into a lease or any other similar agreement with the defendant;

(e)  That demand has been made to the defendant for surrender of the property, and the defendant has refused to surrender the property to the former occupant or property owner; and

(f)  That the plaintiff is entitled to the possession of the premises.

(4)  Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within seventy-two (72) hours from the filing of the complaint, excluding weekends and official holidays. The service of the summons, complaint and notice of trial setting on the defendant shall be not less than twenty-four (24) hours before the time of trial appointed by the court.

(5)  If any property owner files an action for possession against a defendant alleged to be occupying the property as a result of forcible detainer when a landlord-tenant relationship existed with the defendant and/or in bad faith, said property owner shall be liable to the defendant for treble damages as enumerated in this chapter.

History:

[6-310, added 1974, ch. 308, sec. 3, p. 1803; am. 1976, ch. 71, sec. 1, p. 239; am. 2001, ch. 203, sec. 2, p. 693; am. 2006, ch. 248, sec. 1, p. 757; am. 2017, ch. 276, sec. 2, p. 724; am. 2018, ch. 124, sec. 1, p. 263.]