Tenants and landlords in Idaho will have a new set of rules dealing with evictions starting July 1, 2020. Last week Governor Brad Little signed HB 461a which provides a state-wide uniform post-eviction process. “This bill clears up a ton of ambiguity, protects tenant’s rights before and during an eviction hearing, and empowers landlords to take quick action post hearing if they win in court,” said Brian Stutzman of Idaho Falls, Idaho. Stutzman led a grassroots effort to help write and pass HB 461a with a group called Fair Eviction Idaho. Representative Doug Ricks (R-Rexburg) and Senator Dean Mortimer (R-Idaho Falls) carried the bills in their respective legislative chambers.

In the past, if a Landlord won in court, they would have to hire a moving company to remove a tenant’s property, pay to store it, and then pay the Sheriff to have an auction. Stutzman cited a time where the moving company in his court victory was 8 weeks out, allowing his tenant, who had lost an eviction hearing, for non-payment of rent, to squat for months. “I won in court but we couldn’t get them out. The new Idaho law will allow all the due process a tenant is entitled to up and through the court hearing. But if they lose, they have 3 days to get out. At 3 days, the sheriff goes and removes any persons, then the landlord can remove any property that is left as long as the landlord following Idaho law dealing with vehicles and items that with liens” added Stutzman. Commercial evictions will be given 7 days to vacate after an order is issued by a judge, allowing for fixtures and inventory to be removed if needed.

“Ultimately, the cost of being a landlord will go down because we no longer have to hire moving companies. Lower operating costs should result in lower rents. Everyone wins. And if someone needs extra time to get out, they can ask a judge to postpone his ruling so the 3 day clock to get out starts a little later.”

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Press release for new Idaho eviction bill

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