EVICTION & HABITABILITY
Tenant engaged in drug activities on the premises. Landlord files an expedited unlawful detainer action against Tenant and receives a judgment in his favor. Landlord demands Tenant leave the premises. Tenant refuses. Landlord can change the locks. True or False?
False. This is an unlawful eviction. Landlords may not engage in any form of self-help. Rather, if the tenant does not comply with the order, the landlord must file the writ of eviction/restitution with the Sheriff's Office.
Idaho Code 6-320(a)(6) allows Tenants to complete this task and deduct the cost from the tenant's next month's rent.
What is install the necessary smoke detectors, but only after providing a three-day notice to the landlord?
Idaho Code section what states a tenant's security deposit for a particular rental property shall transfer to a new owner of the property.
What is Section 6-321?
A service animal under the ADA can only be what type of animals?
Dog or miniature horse
The cost of housing remained steady until the COVID pandemic hit in 2020. True or False?
False.
Tenant lives in an apartment without power and heat. Tenant serves Landlord with a three-day notice to cure the problem. Landlord refuses. Tenant may terminate her lease and vacate the premises upon written notice to Landlord that the property is uninhabitable. True or False?
True.
Under the Mobile Home Park Act, landlords are required to give this type of notice if the landlord does not intend to renew the tenant's lease.
What is 90 days written notice?
Tenant vacated the premises. She failed to receive her deposit in the statutory period. She incurred damages because she had to take out a loan to pay the deposit on her current rental. Tenant can file an expedited action under Section 6-320(4) against former Landlord to get her security deposit back AND the interest payment obligation. True or False?
False. Under Section 6-320(4), tenants may only file an expedited action for specific performance and not for damages. If a tenant wants to sue for damages, she will need to file an action in small claims court.
How many units must a housing provider have in order for Idaho's Fair Housing Law to apply?
2 or more units/properties
In Boise's 2019 point in time count, how many homeless children (18 and below) were counted?
98
Tenant owns the mobile home, but is renting the space. The park contains 5 trailers. Tenant's lease expired and Tenant and the mobile home remain on the property. Landlord can now file an action against the tenant under this title of Idaho law.
For Title 55, Chapter 20 (Mobile Home Park Evictions)
It is unlawful for a landlord's model apartment to be located on the second floor of the building when there is no elevator. True or False?
True.
"Normal wear and tear" refers to deterioration of the premises or its contents that occurs based on the intended use of the premises/contents even if such deterioration is caused by carelessness or an accident, but not if it caused by negligence or misuse. True or False?
False. Section 6-321 states: "'Normal wear and tear' means deterioration which occurs based upon the use for which the rental unit is intended; not negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests."
An individual may be able to get an exception to a landlord's rules or policies if they meet these two criteria.
Reasonable accommodation
--disabled
--need exception due to the disability (nexus)
Boise City's anti-camping ordinance was upheld and is enforceable today. True or false?
False
Tenant is suing Landlord for specific performance (repairs in the home). How many days until the trial is held?
What is 12 days See Idaho Code Section 6-320.
Pursuant to Idaho Code, prevailing party is entitled to these in an eviction proceeding?
what are attorney fees?
What is the period of time during which a landlord must return a tenant's security deposit after tenant surrenders the premises to the landlord.
What is 21 days, or if provided for in the lease, 30 days?
A tenant was granted a reasonable modification to their unit. The housing is HUD funded. Who pays for the accommodation?
Housing
Builders and developers are considering modular homes in an effort to create more affordable housing. True or False?
True
What is the easiest defense to non payment of rent if Tenant complies within 3 days?
Tenant has paid or tendered the rent due within the three-day period;
Pursuant to Idaho Code, in an eviction, Tenant can be awarded treble damages and attorney fees. True or False?
False. If awarded treble damages, not attorney fees
Landlord partially refunds a security deposit, but does not provide any accounting about the use of the security deposit. This is legal. True or False?
False. Under Section 6-321
Landlord approved Tenant's companion animal. Landlord can make Tenant pay a pet deposit and additional pet rent. True or False?
False
Natural disasters outside of Idaho, such as wild fires, have an impact on housing costs in Idaho. True or False?
True