2005 Idaho Code - 6-303 — UNLAWFUL DETAINER DEFINED

                                   TITLE  6
                         ACTIONS IN PARTICULAR CASES
                                  CHAPTER 3
                     FORCIBLE ENTRY AND UNLAWFUL DETAINER
    6-303.  UNLAWFUL DETAINER DEFINED. A tenant of real property, for a term
less than life, is guilty of an unlawful detainer:
    1.  When he continues in possession, in person or by subtenant, of the
property, or any part thereof, after the expiration of the term for which it
is let to him, without the permission of his landlord, or the successor in
estate of his landlord, if any there be; but in case of a tenancy at will, it
must first be terminated by notice, as prescribed in the civil code.
    2.  Where he continues in possession, in person or by subtenant, without
permission of his landlord, or the successor in estate of his landlord, if any
there be, after default in the payment of rent, pursuant to the lease or
agreement under which the property is held, and three (3) days' notice, in
writing, requiring its payment, stating the amount which is due, or possession
of the property, shall have been served upon him, and if there be a subtenant
in actual occupation of the premises, also upon such subtenant. Such notice
may be served at any time within one (1) year after the rent becomes due. In
all cases of tenancy upon agricultural lands, where the tenant has held over
and retained possession for more than sixty (60) days after the expiration of
his term without any demand of possession or notice to quit by the landlord,
or the successor in estate of his landlord, if any there be, he shall be
deemed to be holding by permission of the landlord, or the successor in estate
of his landlord, if any there be, and  shall be entitled to hold under the
terms of the lease for another full year, and shall not be guilty of an
unlawful detainer during said year, and such holding over for the period
aforesaid shall be taken and construed as a consent on the part of a tenant to
hold for another year.
    3.  Where he continues in possession in person, or by subtenants, after a
neglect or failure to perform other conditions or covenants of the lease or
agreement under which the property is held, including any covenant not to
assign or sublet, than the one for payment of rent, and three (3) days'
notice, in writing, requiring the performance of such conditions or covenants,
or the possession of the property, shall have been served upon him, and if
there be a subtenant in actual occupation of the premises, also upon such
subtenant. Within three (3) days after the service of the notice, the tenant,
or any subtenant in actual occupation of the premises, or any mortgagee of the
term, or other person interested in its continuance, may perform the
conditions or covenants of the lease, or pay the stipulated rent, as the case
may be, and thereby save the lease from forfeiture: provided, if the covenants
and conditions of the lease, violated by the lessee, can not afterward be
performed, then no notice, as last prescribed herein, need be given to said
lessee or his subtenant demanding the performance of the violated covenant or
conditions of the lease. A tenant may take proceedings similar to those
prescribed in this chapter, to obtain possession of premises let to an
undertenant, in case of his unlawful detention of the premises underlet to
him.
    4.  A tenant or subtenant, assigning or subletting, or committing waste
upon, the demised premises contrary to the covenants of his lease, thereby
terminates the lease, and the landlord, or his successor in estate, shall,
upon service of three (3) days' notice to quit upon the person or persons in
possession, be entitled to restitution of possession of such demised premises
under the provisions of this chapter.
    5.  If any person is, or has been, engaged in the unlawful delivery,
production or use of a controlled substance on the premises of the leased
property during the term for which the premises are let to the tenant. For
purposes of this chapter, the terms "delivery," "production," and "controlled
substance" shall be defined as set forth in section 37-2701, Idaho Code.

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