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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.

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History:

[(6-313) C.C.P. 1881, sec. 808; R.S., R.C., & C.L., sec. 5103; C.S., sec. 7332; I.C.A., sec. 9-313.]

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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 entitled to the possession at the time of the forcible detainer. The defendant may show in his defense that he or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such showing is a bar to the proceedings.

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History:

[(6-314) C.C.P. 1881, sec. 809; R.S., R.C., & C.L., sec. 5104; C.S., sec. 7333; I.C.A., sec. 9-314.]

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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 to conform to such proofs. Such amendment must be without any imposition of terms. No continuance shall be permitted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor.

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History:

[(6-315) C.C.P. 1881, sec. 810; R.S., R.C., & C.L., sec. 5105; C.S., sec. 7334; I.C.A., sec. 9-315.]

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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 unlawful detainer after neglect or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the payment of rent or based upon a finding that a landlord had reasonable grounds to believe that a person is, or has been, engaged in the unlawful distribution, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, the judgment shall also declare the forfeiture of such lease or agreement. The jury, or the court, if the proceeding be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent or, after default, based upon a finding that a landlord had reasonable grounds to believe that a person is, or has been, engaged in the unlawful distribution, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, and the judgment shall be rendered against the defendant guilty of the forcible entry, or forcible or unlawful detainer, for the amount of the damages thus assessed, and of the rent found due. When the proceeding is for an unlawful detainer after default in payment of rent where the tract of land is larger than five (5) acres, and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration of five (5) days after the entry of the judgment, within which time the tenant, or any subtenant, or any mortgagee of the term, or other party interested in its continuance, may pay into court, for the landlord, the amount found due as rent, with interest thereon, and the amount of the damages found by the jury or the court for the unlawful detainer, and the costs of the proceeding, and thereupon the judgment shall be satisfied and the tenant be restored to his estate; but if payment as here provided be not made within the five (5) days, the judgment may be enforced for its full amount, and for the possession of the premises. In all other cases the judgment may be enforced immediately.

(2)  If, upon the trial, the verdict of the jury or, if the case is tried without a jury, the finding of the court is in favor of the landlord and for the possession of the premises, a residential tenant shall have seventy-two (72) hours to remove his belongings from the premises, and a commercial tenant or a tenant with a tract of land five (5) acres or more shall have seven (7) days to remove his belongings from the premises; provided however, that upon a finding of good cause shown, a court may grant a commercial tenant longer than seven (7) days to remove his belongings. The landlord or his agents may deliver a writ of restitution or provide the sheriff with a copy of the writ of restitution and request that the sheriff deliver the writ. If requested by the landlord or his agents, the sheriff shall deliver a writ of restitution in a form as provided in section 6-311C, Idaho Code. After the time required for a tenant to remove his belongings under this subsection and three (3) days after the finding of the court, the sheriff shall restore possession of the premises to the plaintiff by causing immediate removal of the tenant, and the landlord or his agents may, subject to any security interests under chapter 9, title 28, Idaho Code, remove and dispose of all remaining property of the tenant, including any motor vehicle that may be removed pursuant to section 49-1806, Idaho Code, that remains on or about the premises without any further compensation or consideration to the tenant. Upon a finding of good cause shown, the court may award to the landlord reasonable costs and expenses not otherwise provided for in this chapter for the removal of property pursuant to this subsection and for restoration of the premises.

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History:

[(6-316) C.C.P. 1881, sec. 811; R.S., R.C., & C.L., sec. 5106; C.S., sec. 7335; I.C.A., sec. 9-316; am. 1974, ch. 308, sec. 10, p. 1803; am. 1977, ch. 45, sec. 1, p. 80; am. 2001, ch. 203, sec. 6, p. 694; am. 2020, ch. 340, sec. 3, p. 997.]

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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 section 6-310(3), Idaho Code, judgment may be entered for three (3) times the amount at which the actual damages are assessed.

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History:

[(6-317) C.C.P. 1881, sec. 475; R.S., R.C., & C.L., sec. 4533; C.S., sec. 6960; I.C.A., sec. 9-317; am. 1977, ch. 45, sec. 2, p. 81; am. 2017, ch. 276, sec. 4, p. 726.]

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6-318.  PLEADINGS MUST BE VERIFIED. The complaint and answer must be verified.

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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. 9-31

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6-319.  APPEAL AS STAY. An appeal taken by the defendant does not stay proceedings upon the judgment unless the court so directs.

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History:

[(6-319) C.C.P. 1881, sec. 813; R.S., R.C., & C.L., sec. 5108; C.S., sec. 7337; I.C.A., sec. 9-319.]

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6-320.  ACTION FOR DAMAGES AND SPECIFIC PERFORMANCE BY TENANT. (a) A tenant may file an action against a landlord for damages and specific performance for:

(1)  Failure to provide reasonable waterproofing and weather protection of the premises;

(2)  Failure to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord;

(3)  Maintaining the premises in a manner hazardous to the health or safety of the tenant;

(4)  Failure to return a security deposit as and when required by law;

(5)  Breach of any term or provision of the lease or rental agreement materially affecting the health and safety of the tenant, whether explicitly or implicitly a part thereof; and

(6)  Failure to install approved smoke detectors in each dwelling unit, to include mobile homes, under the landlord’s control. Upon commencement of a rental agreement, the landlord shall verify that smoke detectors have been installed and are in good working order in the dwelling unit. The tenant shall maintain the smoke detectors in good working order during the tenant’s rental period. For purposes of this section, an approved smoke detector is a battery-operated device that is capable of detecting visible or invisible particles of combustion and that bears a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly. If the landlord or the landlord’s assignee fails to install working smoke detectors, the tenant may send written notice by certified mail, return receipt requested, to the landlord or the landlord’s assignee that if working smoke detectors are not installed within seventy-two (72) hours of receipt of the letter, the tenant may install smoke detectors and deduct the cost from the tenant’s next month’s rent. Smoke detectors purchased by the tenant and deducted from rent become the property of the landlord and shall not be removed from the premises.

Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that in an action exclusively for specific performance, 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 trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court. If the plaintiff brings an action for damages under this section, or combines his action for damages with an action for specific performance, the early trial provision of this section shall not be applicable, and a summons must be issued returnable as in other cases upon filing the complaint.

(b)  In an action under this section, plaintiff, in his complaint, must set forth the facts on which he seeks to recover, describe the premises, and set forth any circumstances which may have accompanied the failure or breach by the landlord.

(c)  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 against the defendant, judgment shall be entered for the amount of the damages assessed. Judgment may also be entered requiring specific performance for any breach of agreement showing by the evidence, and for costs and disbursements.

(d)  Before a tenant shall have standing to file an action under this section, he must give his landlord three (3) days written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure. If, within three (3) days after service of the notice, any listed failure or breach has not been performed or cured by the landlord, the tenant may proceed to commence an action for damages and specific performance.

(e)  The provisions of this section shall not apply to tracts of land of five (5) acres or more used for agricultural purposes.

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History:

[6-320, added 1977, ch. 45, sec. 4, p. 81; am. 1994, ch. 418, sec. 1, p. 1308.]