2005 Idaho Code - 55-2014 — TENANT ACTION FOR DAMAGES -- SPECIFIC PERFORMANCE

                                  TITLE  55
                             PROPERTY IN GENERAL
                                  CHAPTER 20
                     MOBILE HOME PARK LANDLORD-TENANT ACT
    55-2014.  TENANT ACTION FOR DAMAGES -- SPECIFIC PERFORMANCE. (1) A tenant
of a mobile home park may file an action against a landlord for damages and
specific performance for:
    (a)  Failure to maintain in good working order, to the terminal point of
    service, electrical, water or sewer services supplied by the landlord;
    (b)  Maintaining the premises in a manner hazardous to the health or
    safety of the tenant, including, but not limited to, a continuing
    violation of any of the following:
         (i)   Any rule adopted by the department of environmental quality
         governing public drinking water systems;
         (ii)  Any rule adopted by the department of environmental quality
         governing hazardous waste;
         (iii) Any rule adopted by the public health district in which the
         mobile home park is located governing wastewater and on-site sewage
         treatment systems;
         (iv)  Any provision of the international fire code, as amended by the
         provisions of any fire code adopted by the county or municipality in
         which the mobile home park is located;
         (v)   Any provision of the uniform building code, as amended by the
         provisions of any building code adopted by the county or municipality
         in which the mobile home park is located.
    Nothing contained in the provisions of this subsection is intended to
    extend the application of any such rule or code provision to a previously
    existing condition which, as of July 1, 1993, was exempt from the
    enforcement of such rule or code provision.
    (c)  Failure to return a security deposit as and when required by law;
    (d)  Breach of any term or provision of the lease or rental agreement
    materially affecting the health and safety of the tenant, whether
    explicitly or implicitly a part thereof.
    (2)  Upon filing the complaint, a summons must be issued, served and
returned as in other actions; provided however, that in an action exclusively
for specific performance, at the time of issuance of the summons, the court
shall schedule a trial within twelve (12) days from the filing of the
complaint, and the service of the summons, complaint and trial setting on the
defendant shall be not less than five (5) days before the day of trial
appointed by the court. If the plaintiff brings an action for damages under
this section, or combines this action for damages with an action for specific
performance, the early trial provision shall not be applicable, and a summons
must be issued returnable as in other cases upon filing the complaint.
    (3)  In an action under this section, the plaintiff, in his complaint,
must set forth the facts on which he seeks to recover, describe the premises,
and set forth any circumstances which may have accompanied the failure or
breach by the landlord.
    (4)  If, upon the trial, the verdict of the jury, or, if the case be tried
without a jury, the finding of the court, be in favor of the plaintiff against
the defendant, judgment  shall be entered for such special damages as may be
proven. General damages may be awarded but shall not exceed five hundred
dollars ($500). Judgment may also be entered requiring specific performance
for any breach of agreement shown by the evidence, and for costs and
disbursements.
    (5)  Before a tenant shall have standing to file an action under this
section, he must give his landlord three (3) days' written notice, listing
each failure or breach upon which his action will be premised and written
demand requiring performance or cure. If, within three (3) days after service
of the notice, any listed failure or breach has not been performed or cured by
the landlord, the tenant may proceed to commence an action for damages and
specific performance.
    (6)  The notice required in subsection (5) of this section shall be served
either:
    (a)  By delivering a copy to the landlord or his agent personally; or
    (b)  If the landlord or his agent is absent from his usual place of
    business, by leaving a copy with an employee at the usual place of
    business of the landlord or his agent; or
    (c)  By sending a copy of the notice to the landlord or his agent by
    certified mail, return receipt requested.