2013 Idaho Statutes
Title 6 - ACTIONS IN PARTICULAR CASES
Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER
Section 6-310 - ACTION FOR POSSESSION -- COMPLAINT -- SUMMONS.


ID Code § 6-310 (2013) What's This?

6-310. Action for possession -- Complaint -- Summons. In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent, or on the grounds that a landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, or in the event the tenant is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code, it is sufficient to state in the complaint:

(1) A description of the premises with convenient certainty;

(2) That the defendant is in possession of the premises;

(3) That the defendant entered upon the premises, holds the premises, and is in default of the payment of rent or that the landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant;

(4) That all notices required by law have been served upon the defendant in the required manner or no notice is required because the defendant is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code; and

(5) That the plaintiff is entitled to the possession of the premises. Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that 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.


History:

[6-310, as added by 1974, ch. 308, sec. 3, p. 1803; am. 1976, ch. 71, sec. 1, p. 239; am. 2001, ch. 203, sec. 2, p. 693; am. 2006, ch. 248, sec. 1, p. 757.]

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