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Apartment Buildings

Landlord Tenant Law

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Tenant and landlord relationships are not without their share of disagreements. Sometimes a renter routinely disobeys the guidelines that their landlord has established. Lady Justice attorneys can assist you in handling these heated arguments.

We support landlords in Idaho in maintaining the ability to evict tenants who don't comply.

On behalf of private landlords and customers of property management firms, we can initiate evictions, draft lease agreements, and provide regulatory advice.

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WHAT ARE SOME COMMON CAUSES FOR TENANT EVICTION?

Generally speaking, a tenant may be forced to leave a property for not paying rent or for a blatantly obvious violation of the lease terms. A notice of eviction must be given to the tenant in person in both situations. To prevent being evicted, the tenant has three days to make any necessary corrections. A landlord may file for eviction in court following the three-day window.

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WHAT IS THE FAIR HOUSING ACT?

The Fair Housing Act was created to shield prospective tenants from discrimination based on race, religion, ethnicity, disability, or family structure. It is illegal in Idaho to discriminate against prospective tenants for any of these reasons. A skilled Idaho real estate company can help you fight back against accusations that you broke the Fair Housing Act.

Contact Lady Justice Law to assist you with any issues surrounding Landlord/Tenant Laws.

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WHAT ARE THE RULES GOVERNING SECURITY DEPOSITS?

In Idaho there is no rule governing the amount of money that may be demanded as a security deposit. However, there is a law regulating the amount of time a landlord has to either return the security deposit or inform the tenant that the security deposit is not going to be returned. A landlord has only 21 days after the tenant has moved out to do either.

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THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) PROTECTS THE RIGHT TO FAIR PUBLIC HOUSING:

Public housing is available to low-income individuals who meet certain eligibility requirements. Rent for these properties is determined by income, and tenants are entitled to stay in the housing as long as they continue to meet the eligibility requirements. If you have a dispute regarding rent, eligibility or the conditions of public housing, or a tenant has filed a HUD complaint against you as a landlord, our attorneys review your case to inform you of your rights and help you appropriately respond to any HUD complaint.

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Remember that HUD entitles tenants to certain rights that landlords must respect:

  • The right to safe and sanitary housing

  • The right to timely repairs following a proper request

  • The right to reasonable written notice of nonemergency entry into a home

  • The right to organize as residents without retaliation

  • The right to post materials in common areas to inform other residents of their rights

 

WHAT IS A REASONABLE ACCOMMODATION REQUEST?

Federal law mandates that a landlord must be willing to make certain changes in rental policies, practices or services so that a person with a disability is afforded an equal opportunity to enjoy a rental space. In general, a disability is any physical or mental issue that significantly impairs major aspects of an individual’s life.

 

Examples of disability include:

  • Mental illness

  • AIDS

  • Mental impairment

  • Visual problems

  • Hearing problems

This is not a comprehensive list — a real estate attorney can provide clear and correct guidance in this area. 

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