By Lane V. Erickson, Attorney On of the most important steps in the judicial process of an eviction is the eviction trial. In circumstances where the landlord has properly served the tenant the required Notice, and the tenant fails to appear or to file a response, the landlord will obtain…
By Lane V. Erickson, Attorney The final step in the judicial process of an eviction is the physical removal of the tenant from the premises. Although it may seem strange, it is very common for tenants to not voluntarily leave the premises, even after the judicial eviction trial is over…
By Lane V. Erickson, Attorney Landlord clients often ask me about what they can do legally to screen and/or reject prospective tenants. A landlord’s goal is to lease the premises to a tenant who will pay their rent and keep the premises in good shape. To accomplish this goal, there…
By Lane V. Erickson, Attorney A common area of law that involves environmental issues in a landlord tenant relationship is the implied warranty of habitability. This area is frequently contested by tenants when they are being evicted. This is usually done by a tenant as a means of trying to…
By Joseph G. Ballstaedt To properly draft a contract, a person usually needs to step into the future and understand unfavorable or damaging possibilities that could result as the contract is performed. Some possibilities may be extremely unlikely, and others may be difficult to discern on the surface, but a…
By Lane V. Erickson, Attorney There are essentially three basic documents that should be used by a landlord and a tenant in a rental arrangement. These include; (1) the rental application; (2) the lease agreement itself; and (3) a move-in/move-out checklist. By using these documents both a landlord and a…
By Lane V. Erickson, Attorney Landlords in Idaho are restricted by specific statutes on their ability to remove their tenants from a rented property. The reason for this is that Idaho lawmakers find it important for individuals to have shelter that cannot be taken away from them easily or quickly.…
By Lane V. Erickson, Attorney Under current Idaho law, a lease agreement can be either oral or written. As attorneys, we always recommend that our clients get a written lease so that there are no misunderstandings about what the terms of the agreement will be. However, just having a written…
By: T.J. Budge Title insurance is a standard part of nearly all real estate transactions, yet relatively few buyers understand the purpose and limitations of the policy. Title insurance policies insure against defects in the title to the property they are buying. The insurance company researches the public real estate…
By Lane V. Erickson, Attorney I’ve been a real estate and business lawyer for over 17 years. During this time I’ve represented a number of investors who own rental properties or other types of investment real estate. More importantly, about 10 years ago, I purchased my first investment property. Since…