6-301. FORCIBLE ENTRY DEFINED. Every person is guilty of a forcible entry who either: 1. By breaking open doors, windows or other parts of a house, or by any kind of violence or circumstances of terror, enters upon or into any real property; or, 2. Who, after entering peaceably upon real property, turns out, by […]
6-302. FORCIBLE DETAINER DEFINED. Every person is guilty of a forcible detainer who either: 1. By force, or by menaces and threats of violence, unlawfully holds and keeps possession of any real property, whether the same was acquired peacefully or otherwise; or 2. Who during the absence of the occupant or property owner of any […]
6-303. UNLAWFUL DETAINER DEFINED. A tenant of real property, for a term less than life, is guilty of an unlawful detainer: 1. When he continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without the permission […]
6-304. SERVICE OF NOTICE. The notices required by the preceding section may be served either: 1. By delivering a copy to the tenant personally; or, 2. If he be absent from his place of residence and from his usual place of business, by leaving a copy with some person of suitable age and discretion at […]
6-305. JURISDICTION OF DISTRICT COURT. The district court of the county in which the property, or some part of it, is situated, has jurisdiction of proceedings under this chapter. History: [(6-305) C.C.P. 1881, sec. 799; R.S., R.C., & C.L., sec. 5095; C.S., sec. 7324; I.C.A., sec. 9-305.]
6-308. PARTIES DEFENDANT. No person other than the tenant of the premises, and subtenant, if there be one, in the actual occupation of the premises when the notice herein provided for was served, need be made parties defendant in the proceeding, nor shall any proceeding abate nor the plaintiff be nonsuited for the nonjoinder of […]
6-309. PARTIES GENERALLY. Except as provided in the preceding section, the provisions of this code relating to parties to civil actions are applicable to this proceeding. History: [(6-309) C.C.P. 1881, sec. 803; R.S., R.C., & C.L., sec. 5099; C.S., sec. 7328; I.C.A., sec. 9-309.]
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, […]
6-311. CONTINUANCE. In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent or if a landlord has alleged 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 […]
6-311A. JUDGMENT ON TRIAL BY COURT. 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 the landlord has reasonable grounds to believe that a person is, or has been, engaged in the unlawful delivery, production, or use […]
6-311C. FORM OF EXECUTION. The execution, should judgment of restitution be rendered, may be in the following form: STATE OF IDAHO ) ss. County of…. ) TO THE SHERIFF OR ANY CONSTABLE OF THE COUNTY: WHEREAS, a certain action for the possession of the following described premises, to-wit: . . lately tried before the above […]
6-311D. ADDITIONAL UNDERTAKING ON APPEAL. If judgment is rendered against the defendant for the restitution of the real property described in the complaint, or any part thereof, no appeal shall be taken by the defendant from the judgment until he gives, in addition to the undertaking now required by law upon appeal, an undertaking to […]
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 […]
6-312. JUDGMENT BY DEFAULT. If, at any time appointed, the defendant do [does] not appear and defend, the court must enter his default and render judgment in favor of the plaintiff as prayed for in the complaint. History: [(6-312) C.C.P. 1881, sec. 806; R.S., R.C., & C.L., sec. 5102; C.S., sec. 7331; I.C.A., sec. 9-312.]
6-313. TRIAL BY JURY. Whenever an issue of fact is presented by the pleadings it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending. History: [(6-313) C.C.P. […]
6-314. SUFFICIENCY OF EVIDENCE — DEFENSES. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was […]
6-315. AMENDMENT OF COMPLAINT. When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended […]
6-316. JUDGMENT — RESTITUTION. (1) If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceeding be for an […]
6-317. TREBLE DAMAGES. If a landlord or a tenant recovers damages for a forcible or unlawful entry in or upon, or detention of, any building or other tract of land, or for an action brought pursuant to section 6-320, Idaho Code, or for an action brought against a tenant or in bad faith pursuant to […]
6-318. PLEADINGS MUST BE VERIFIED. The complaint and answer must be verified. History: [(6-318) C.C.P. 1881, sec. 812; R.S., R.C., & C.L., sec. 5107; C.S., sec. 7336; I.C.A., sec. 9-318.]
