Landlord Tenant – Lease Termination – Idaho
TITLE 55 PROPERTY IN GENERAL
CHAPTER 2 ESTATES IN REAL PROPERTY
TERMINATION OF TENANCY AT WILL.
A tenancy or other estate at will, however created, may be terminated by the landlord’s giving notice in writing to the tenant, in the manner prescribed by the Code of Civil Procedure, to remove from the premises within a period of not less than one (1) month, to be specified in the notice. Title 55, Chap. 2, §55-208
TERMINATION OF TENANCY AT WILL — RIGHTS OF LANDLORD.
After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reenter, or proceed according to law to recover possession. Title 55, Chap. 2, §55-209
RIGHT OF REENTRY.
Whenever the right of reentry is given to a grantor or a lessor in any grant or lease, or otherwise, such reentry may be made at any time after the right has accrued, upon three (3) days’ notice, as provided in the Code of Civil Procedure. Title 55, Chap. 2, §55-210
SUMMARY PROCEEDINGS — WHERE PROVIDED FOR.
Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in the Code of Civil Procedure. Title 55, Chap. 2, §55-211
ACTION FOR REAL PROPERTY — NOTICE UNNECESSARY.
An action for the possession of real property, leased or granted, with a right of reentry, may be maintained at any time, in the district court, after the right to reenter has accrued, without notice. Title 55, Chap. 2, §55-212
CHAPTER 3 RIGHTS AND OBLIGATIONS OF OWNERS
RIGHTS OF GRANTEES AGAINST GRANTOR’S TENANTS.
A person to whom any real property is transferred or devised, upon which rent has been reserved or to whom such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had. Title 55, Chap. 2, §55-301
REMEDIES OF LESSOR AGAINST LESSEE’S ASSIGNEE.
Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan, and is not accompanied by possession of the premises. Title 55, Chap. 2, §55-302
REMEDIES OF LESSEE AGAINST LESSOR’S ASSIGNEE.
Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against encumbrances or relating to the title or possession of the premises. Title 55, Chap. 2, §55-303
RECOVERY OF RENT ON LEASE FOR LIFE.
Rent due upon a lease for life may be recovered in the same manner as upon a lease for years. Title 55, Chap. 2, §55-304
RENT ON LEASE FOR LIFE — RECOVERY AFTER DEATH.
Rent dependent on the life of a person may be recovered after as well as before his death. Title 55, Chap. 2, §55-305
ACTION BY REVERSIONERS.
A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action. Title 55, Chap. 2, §55-306
CHANGE IN TERMS OF LEASE — NOTICE.
(1) In all leases of lands or tenements, or of any interest therein from month to month, the landlord may, upon giving notice in writing at least fifteen (15) days before the expiration of the month, change the terms of the lease, to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month.
(2) A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential property. This provision does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest. Title 55, Chap. 2, §55-307
REMOVAL OF FIXTURES BY TENANT.
A tenant may remove from the demised premises, any time during the continuance of his term, anything affixed thereto for the purposes of trade, manufacture, ornament or domestic use, if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of the premises. Title 55, Chap. 2, §55-308
OWNERSHIP OF STREET BY ABUTTER.
An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown. Title 55, Chap. 2, §55-309
RIGHT TO LATERAL AND SUBJACENT SUPPORT.
Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjacent land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavation. Title 55, Chap. 2, §55-310
DUTIES OF TENANT FOR LIFE.
The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance. Title 55, Chap. 2, §55-311
MONUMENTS AND FENCES.
Coterminous owners are mutually bound equally to maintain:
1. The boundaries and monuments between them.
2. The fences between them, unless one of them chooses to let his land lie without fencing, in which case, if he afterward incloses it, he must refund to the other the just proportion of the value, at that time, of any division fence made by the latter. Title 55, Chap. 2, §55-312
RELOCATION OF ACCESS.
Where, for motor vehicle travel, any access which is less than a public dedication, has heretofore been or may hereafter be, constructed across private lands, the person or persons owning or controlling the private lands shall have the right at their own expense to change such access to any other part of the private lands, but such change must be made in such a manner as not to obstruct motor vehicle travel, or to otherwise injure any person or persons using or interested in such access. Title 55, Chap. 2, §55-313