TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 3

FORCIBLE ENTRY AND UNLAWFUL DETAINER

6-311E.  Action for damages — Complaint — Summons. In an action for damages incurred as a result of failure to pay rent or damages as a result of the unlawful production of a controlled substance on the leased premises during the term for which the premises are let to the tenant, the plaintiff in his complaint must set forth the facts on which he seeks to recover. If the plaintiff combines his action for damages with an action for possession, the complaint shall also describe the premises with reasonable certainty and may set forth therein any circumstances which may have accompanied the alleged nonpayment of rent or the facts which are the basis for the landlord’s reasonable grounds to believe that a person is, or has been, engaged in the unlawful production of a controlled substance on the leased premises during the term for which the premises are let to the tenant, and claim damages therefor; provided, however, that the early trial provision of section 6-310, Idaho Code, shall not be applicable when an action for damages is combined with an action for possession. In an action for damages, a summons must be issued returnable as in other cases upon filing the complaint.

History:

[6-311E, added 1974, ch. 308, sec. 9, p. 1803; am. 2001, ch. 203, sec. 5, p. 694.]