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  1. #1

    Default How to Evict Tenants Who Have Never Paid Rent

    My question involves landlord-tenant law in the State of: Idaho

    Here's the short version: I had a lapse in judgment, and allowed the sons of a questionable tenant to stay on the end of said former tenant's paid month without taking any up-front money from them. They have now been there (or at least, their stuff has) for 3 and 1/2 weeks. At first, they were evasive about rent, giving excuses why it needed to be late, but it has become obvious that they are just lying... using the place to sometimes sleep between many odd jobs, having questionable people/young women over, and drinking and doing drugs. They have no vehicle (They lied, saying theirs was being fixed.), so it's next to impossible to tell when they are there.

    How do I quickly and legally get them (or more likely, their stuff) out of there? The owner loses money every day that they're there, and I don't want to be a bad manager - so please help me.
    Thanks.

  2. #2
    Join Date
    Mar 2013
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    Default Re: How Do I Legally Recover Premises from Would-Be Tenants Who Have Never Paid Rent

    You're a property manager and you have to ask.

    Yikes.

    Find yourself another line of work, maybe something that doesn't involve more than asking people "You want fries with that"?

    Every hear of the Idaho landlord tenant statute?

    Here it is:

    http://legislature.idaho.gov/idstat/Title55/T55CH2.htm

    Study it. The answers are in there.

  3. #3
    Join Date
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    Default Re: How Do I Legally Recover Premises from Would-Be Tenants Who Have Never Paid Rent

    Here are instructions on expedited eviction. Court forms can be found here.

  4. #4

    Default Re: How Do I Legally Recover Premises from Would-Be Tenants Who Have Never Paid Rent

    Quote Quoting adjusterjack
    View Post
    You're a property manager and you have to ask.

    Yikes.

    Find yourself another line of work, maybe something that doesn't involve more than asking people "You want fries with that"?

    Every hear of the Idaho landlord tenant statute?

    Here it is:

    http://legislature.idaho.gov/idstat/Title55/T55CH2.htm

    Study it. The answers are in there.
    Yeah - you seem to say that to everyone with a beginner question.
    Perhaps you should find yourself another line of "work" than pretending to answer people's questions on a law forum.
    It just so happens I'm managing these properties mostly as a favor - and not getting paid a sixth of what experienced property managers (or ones who speak legalese) get.
    So again, if you don't have any answers, shut up.
    Let the adults speak.

    Quote Quoting Mr. Knowitall
    View Post
    Here are instructions on expedited eviction. Court forms can be found here.
    Thanks, Mr. Knowitall.
    I appreciate it.

    Also, I wondered if these were special circumstances, as they were never actually paying tenants. I'd say the law would consider them more as squatters or vagrants. Is that not the case?

  5. #5

    Default Re: How Do I Legally Recover Premises from Would-Be Tenants Who Have Never Paid Rent

    Squatters or not, you'll STILL have to evict them. They took possession of the place lawfully and with your consent. That you failed to get payment from them up front BEFORE handing over the keys doesn't suddenly change their status or shortchange the process you'll need to follow. If you haven't seen it, go watch the movie Pacific Heights with Michael Keaton. You'll be the most careful landlord or property manager EVER after watching it.

  6. #6

    Default Re: How Do I Legally Recover Premises from Would-Be Tenants Who Have Never Paid Rent

    Not to belabor the point, but I thought in order for there to be a contract in fact, money had to have changed hands.
    If no money ever changed hands, that would mean that no contract ever existed, right?

    And honestly, if I had to be a careful manager rather than just collecting the rent from dutifully-paying tenants, then that would either make my price for doing this way higher... or just make me quit it altogether. I'm a disabled veteran with a new puppy, for crying out loud. I don't need any more of an actual headache than collecting rent from my neighbors.

    I will watch that movie, though.
    Any excuse to see something new is enough, I guess.

  7. #7
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    Default Re: How Do I Legally Recover Premises from Would-Be Tenants Who Have Never Paid Rent

    The tenancy was created when you agreed to rent the premises to the tenants at an agreed rate of rent, and they accepted and took possession of the premises. You chose to make them tenants without requiring them to pay a deposit or their first month's rent. You have to evict them as tenants, and deal with the unpaid rent as a collections issue.

  8. #8
    Join Date
    Jan 2008
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    Default Re: How Do I Legally Recover Premises from Would-Be Tenants Who Have Never Paid Rent

    Is that not the case?
    It is not.

  9. #9
    Join Date
    Jun 2015
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    988

    Default Re: How Do I Legally Recover Premises from Would-Be Tenants Who Have Never Paid Rent

    Your post is a bit hard to follow....unless there was a surrender of the premises by the former tenant...read the definition of surrender...and a formal new lease written or oral with a new tenant ...you may have issues as to the old lease being a holdover situation ...bad news is you need to be sure to properly name everyone in eviction action.....good news is you may get a judgement for remt due against the parents ..may be uncollectable /worthless ......I've been there as LL with stay behind people ...gets messy...but if you can get the tenant of records pocketbook into equation..he or she may develope a sudden interest to get rest of his family out and aurrender the unit.

  10. #10
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    Default Re: How Do I Legally Recover Premises from Would-Be Tenants Who Have Never Paid Rent

    I suggest that before you accuse somebody else of making posts that are hard to follow, you start proofreading and spell-checking your own posts, apply basic rules of grammar, and make sure that you are posting complete thoughts and sentences.

    We were told that the property manager "allowed the sons of a questionable tenant to stay on the end of said former tenant's paid month without taking any up-front money from them". By that description there is no continuity, and the former tenants are not responsible for the manager's choice to create a new tenancy for their sons at the end of their lease.

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