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Idaho Real Estate Q&A Discussion Forum
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Updated almost 4 years ago on . Most recent reply

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Brian Stutzman
  • Investor
  • idaho falls, ID
77
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Idaho eviction delays and what 1 friend does to get them out ASAP

Brian Stutzman
  • Investor
  • idaho falls, ID
Posted

Last week a Boise newspaper said that some attorney is advising his tenants that are facing eviction to request a "trial by jury" because the court system is so backed up or closed down that hearing probably wont take place until October, giving someone maybe 6 months of free rent.

I have a friend who told me they have a common "inspect the property" clause with a 24 hour notice.  They had a tenant that would not move so instead of going through the entire eviction process they started inspecting the property 2 times a day.  They had to call the police in more than once to keep the peace but after 2 weeks the tenant moved out.  My friend told me the tenant got really nervous when the landlord wanted to keep inspecting the bedrooms- the landlord suspected some sort of illegal activity was occuring.  Just for what it is worth.  

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Jill F.
  • Investor
  • Akron, OH
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Jill F.
  • Investor
  • Akron, OH
Replied

I do think there is a risk that twice per day inspections would be considered harassment by the court and it might cost him some money if the tenant sued.

Our lease waives the right to a Jury trial but the waiver might or might not be upheld because of unequal bargaining power of the parties but it's more likely to just be thrown out than to be financially punished by the court. Either way it takes money to prosecute (or defend) a law suit (and in most lawsuits, only the lawyers win).

PS I'm glad his problem moved though ;)

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