2005 Idaho Code - 55-2714 — TENANT ACTION FOR DAMAGES -- SPECIFIC PERFORMANCE

                                  TITLE  55
                             PROPERTY IN GENERAL
                                  CHAPTER 27
                         FLOATING HOMES RESIDENCY ACT
    55-2714.  TENANT ACTION FOR DAMAGES -- SPECIFIC PERFORMANCE. (1) A tenant
of a floating home marina 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 those portions of the premises open to use by the tenant
    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
         floating home marina is located governing wastewater and on-site
         sewage treatment systems;
         (iv)  Any provisions of the international fire code, as amended by
         the provisions of a fire code adopted by the county or municipality
         in which the floating home marina is located;
         (v)   Any provisions of the uniform building code, as amended by the
         provisions of any building code adopted by the state, county or
         municipality in which the floating home marina is located.
    (c)  Material breach of any specific term of a rental agreement.
    (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 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 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, or in the event of damage to the premises or other default not
capable of cure within three (3) days and the landlord has not provided
written assurance to the tenant that a cure will be effected within a
reasonable time, 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)  By leaving a copy with an employee at the usual place of business of
    the landlord or his agent if the landlord or his agent is absent from his
    usual place of business; or
    (c)  By sending a copy of the notice to the landlord or his agent by
    certified mail, return receipt requested.
    (7)  Nothing in this section shall bar either the landlord or the tenant
from bringing such civil action for relief to which said party is otherwise
entitled.