Articles Posted in Real Estate

By Lane V. Erickson, Attorney

I’ve represented landlords and tenants in Idaho for over 17 years. During this time I have seen almost every legal question that can come up dealing with an Idaho Landlord and Tenant relationship. One of the most common events that occurs is when a tenant abandons a rented property but leaves personal property behind. In this instance I often have Idaho landlords ask me what their legal rights are.

It is far better for a landlord to first understand the exact legal rights offered by applicable law and then seek to enforce those rights. 　In almost every instance where an Idaho 　Landlord has taken matters into their own hands they have only crippled their legal ability to accomplish their goal. 　In addition, many Idaho Landlords are often themselves subject to court order and in some instances are required to pay monetary damages to the tenant when the Idaho Landlord takes the wrong actions. The only exception to this would be in the case of abandonment.

By Lane V. Erickson, Attorney

The Fair Housing Act is a federal statute that was adopted in 1968 and amended in 1988 with the goal of eliminating several previous discriminatory practices related to the sale or rental of housing. 　This statute was enacted during a time when many other civil rights statutes were created concerning ending discrimination in employment, education and rights of public access.

The Fair Housing Act specifically provides that a person cannot be discriminated against in most housing transactions because of their race, gender, religion, national origin, or color. 　The Fair Housing Act was amended in 1988 to include familial status (which is the presence of children under the age of 18) and persons with disabilities.

By Lane V. Erickson

For nearly twenty years I’ve represented both landlords and tenants with regards to issues concerning the rental of Idaho real estate. The majority of the issues that come up involve residential real estate. Perhaps the most frequent issues that arise have to do with security deposits. Here are four things every person should know about Idaho rental property and security deposits.

1. Not Everything is Rent

By Lane V. Erickson, Attorney

Idaho is one of the states that offer a Speedy Eviction option to Idaho landlords under certain circumstances. The Speedy Eviction is a term used by lawyers who help Idaho landlords with evictions. A Speedy Eviction is simply a faster option that can be used by an Idaho landlord to evict individuals.

Idaho offers a few limited reasons when a Speedy Eviction can be used, but the most often is when a tenant fails to pay rent. When a tenant fails to pay the rent, an Idaho landlord is first required by statute to provide a written 3 day notice. Once that is completed then the Idaho landlord can move forward with the Speedy Eviction.

By Lane Erickson, Attorney

I have represented both landlords and tenants in Idaho for a number of years. I got to know the area of law so well, that I decided to become a landlord myself about eight years ago. There are a lot of important things to understand in landlord tenant law, but I am always surprised at the number of landlords who don’t truly understand how a month-to-month tenancy works. The thing that is most often misunderstood with a month-to-month lease agreement has to do with terminating the tenancy and getting the tenant out.

The first thing to understand about Idaho landlord/tenant laws is that if there is no written agreement, the tenancy is automatically considered to be month to month. This can be eliminated easily by simply entering into a written lease agreement for a specific period of time, such as 6 months or a year. However, that alone does not eliminate issues with month to month tenants. 　Often, even a written lease agreement will state that when the specific term comes to the end the tenancy then becomes month to month.

By Lane V. Erickson

Like most States Idaho has determined that it wants people to be able to sell their homes whenever they want. However, because housing is such an important part of life, and is a huge investment for most people, Idaho requires certain disclosures to be made by a seller so that a buyer is fully informed before they make a purchase of a home. 　The law in Idaho is called the Property Condition Disclosure Act which is found at Idaho Code §§ 55-2501 through 2518. 　Here are three key things you need to know about this particular Idaho statute.

1. Who is Required to Make Disclosures

In Idaho, an easement that has been expressly granted in a written document cannot be abandoned or forfeited simply through non-use of the easement. See Kolouch v. Kramer, 120 Idaho 65, 67, 813 P.2d 876, 878 (1991). For written easements, abandonment requires the easement holder to act in a clear, voluntary, unequivocal, and decisive manner to shows a present intent to abandon the easement. See O’Brien v. Best, 68 Idaho 348, 357, 194 P.2d 608, 613 (1948).

To date, no published Idaho court decision addresses whether prescriptive easements, which are acquired by using property without a written document, likewise cannot be abandoned or forfeited through non-use alone. Most states require affirmative action to abandon both written and prescriptive easements. However, some states recognize abandonment through non-use alone if the non-use lasts for the prescriptive period (the time it takes to establish a prescriptive easement). See, e.g., Chevy Chase Land Co. v. United States, 355 Md. 110, 160 n.8, 733 A.2d 1055, 1082 (1999). If applied in Idaho, this would mean that a prescriptive easement may be considered abandonment after twenty years of non-use. See Idaho Code § 5-203.

If you have questions about a property in Idaho that is potentially burdened by an easement, contact a real estate attorney at Racine Olson.