Title 6, ACTIONS IN PARTICULAR CASES

6-101. Proceedings in foreclosure — Construction of section — Meaning of "action" — Effect of foreclosure on holder of unrecorded lien. (1) There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate which action …

6-102. Disposition of surplus money. If there be surplus money remaining after payment of the amount due on the mortgage, lien or encumbrance, with costs, the court may cause the same to be paid to the person entitled to it, and in the meantime may direct it to be deposited in co…

6-103. Partial sales. If the debt for which the mortgage, lien or encumbrance is held is not all due, but is payable in instalments, whether such debt be evidenced by one (1) or more principal notes or otherwise, such mortgage, lien or encumbrance may be foreclosed, at the electi…

6-104. Mortgage not a conveyance. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure sale.

6-105. Execution under foreclosure on property in more than one county. In all actions to foreclose a mortgage or other lien upon real property, where such real property is situated partly in one county and partly in another county, within the state of Idaho, the sheriff of the c…

6-106. Duty of clerk on return of execution. Upon the return of such execution by the sheriff, the clerk of the district court issuing the same shall file such execution as in other cases, and as county recorder shall record said execution and return as in other cases of sales of…

6-107. Certificates of sale. The said sheriff making such sale shall make as many certificates of such sale as there are counties in which such real property is situated, adding a sufficient number to deliver one to each purchaser of such real property. The sheriff shall deliver …

6-108. Deficiency judgments — Amount restricted. No court in the state of Idaho shall have jurisdiction to enter a deficiency judgment in any case involving a foreclosure of a mortgage on real property in any amount greater than the difference between the mortgage indebtedness, a…

6-201. Actions for waste. If a guardian, tenant for life or years, joint tenant or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.

6-202. Actions for civil trespass. (1) Definitions. As used in this section: (a) "Crops" means field crops including, but not limited to, grains, feed crops, legumes, fruits and vegetables. (b) "Cultivated land" means: (i) Land whose soil is loosened or broken up for the raising …

6-210. Recovery of damages for economic loss willfully caused by a minor. (1) Any person shall be entitled to recover damages in an amount not to exceed two thousand five hundred dollars ($2,500) in a court of competent jurisdiction from the parents of any minor, under the age of…

6-211. Trespass on state lands — Damage actions. Any person who cuts down or carries off any wood, trees, or timber or removes top soil from, or dumps trash or debris on, any land belonging to the State of Idaho without lawful authority is liable to the State of Idaho for treble …

6-212. Damages recovered deposited into endowment fund. Any moneys so recovered shall in each instance be deposited in the endowment fund in which would be deposited the proceeds of the sale of the lands damaged were such lands sold by the State of Idaho.

6-301. Forcible entry defined. Every person is guilty of a forcible entry who either: 1. By breaking open doors, windows or other parts of a house, or by any kind of violence or circumstances of terror, enters upon or into any real property; or, 2. Who, after entering peaceably u…

6-302. Forcible detainer defined. Every person is guilty of a forcible detainer who either: 1. By force, or by menaces and threats of violence, unlawfully holds and keeps possession of any real property, whether the same was acquired peacefully or otherwise; or 2. Who during the …

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 …

6-303A. records shielded from disclosure. (1) A person who is the defendant in an unlawful detainer case under section 6-303, Idaho Code, and whose case is filed on or after January 1, 2025, will, without the filing of a petition, have shielded from public disclosure all records …

6-304. Service of notice. The notices required by the preceding section may be served either: 1. By delivering a copy to the tenant personally; or, 2. If he be absent from his place of residence and from his usual place of business, by leaving a copy with some person of suitable …

6-305. Jurisdiction of district court. The district court of the county in which the property, or some part of it, is situated, has jurisdiction of proceedings under this chapter.

6-308. Parties defendant. No person other than the tenant of the premises, and subtenant, if there be one, in the actual occupation of the premises when the notice herein provided for was served, need be made parties defendant in the proceeding, nor shall any proceeding abate nor…

6-309. Parties generally. Except as provided in the preceding section, the provisions of this code relating to parties to civil actions are applicable to this proceeding.

6-310. Action for possession — Complaint — Summons. (1) 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…

6-310A. limited alternative remedy to remove unauthorized persons from residential real property. (1) The legislature finds that the right to exclude others from entering, and the right to direct others to immediately vacate, residential real property are the most important real …

6-311. Continuance. In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent or if a landlord has alleged that the landlord has reasonable grounds to believe that any person, is or has been, engaged in the unlawful delivery, …

6-311A. Judgment on trial by court. 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 the landlord has reasonable grounds to believe that a person is, or has been, engaged in the unlawful deliver…

6-311C. Form of execution. The execution, should judgment of restitution be rendered, may be in the following form: STATE OF IDAHO ) ss. County of…. ) TO THE SHERIFF OR ANY CONSTABLE OF THE COUNTY: WHEREAS, a certain action for the possession of the following described premises, …

6-311D. Additional undertaking on appeal. If judgment is rendered against the defendant for the restitution of the real property described in the complaint, or any part thereof, no appeal shall be taken by the defendant from the judgment until he gives, in addition to the underta…

6-311E. Action for damages — Complaint — Summons. In an action for damages incurred as a result of failure to pay rent or damages as a result of the unlawful production of a controlled substance on the leased premises during the term for which the premises are let to the tenant, …

6-312. Judgment by default. If, at any time appointed, the defendant do not appear and defend, the court must enter his default and render judgment in favor of the plaintiff as prayed for in the complaint.

6-313. Trial by jury. Whenever an issue of fact is presented by the pleadings it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending.

6-314. Sufficiency of evidence — Defenses. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possessio…

6-315. Amendment of complaint. When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the judge …

6-316. Judgment — Restitution. (1) 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 and against the defendant, judgment shall be entered for the restitution of the premises; and if the pro…

6-317. Treble damages. If a landlord or a tenant recovers damages for a forcible or unlawful entry in or upon, or detention of, any building or other tract of land, or for an action brought pursuant to section 6-320, Idaho Code, or for an action brought against a tenant or in bad…

6-318. Pleadings must be verified. The complaint and answer must be verified.

6-319. Appeal as stay. An appeal taken by the defendant does not stay proceedings upon the judgment unless the court so directs.

6-320. Action for damages and specific performance by tenant. (a) A tenant may file an action against a landlord for damages and specific performance for: (1) Failure to provide reasonable waterproofing and weather protection of the premises; (2) Failure to maintain in good worki…

6-321. Security deposits. (1) Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits. Upon termination of a lease or rental agreement and surrender of the premises by the tenant all amounts held by the landlo…

6-322. Rules of practice in general. The provisions of this code relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this chapter.

6-323. Service of notice to landlord. The notice required by section 6-320(d), Idaho Code, shall be served either: (1) By delivering a copy to the landlord or his agent personally; or (2) If the landlord or his agent is absent from his usual place of business, by leaving a copy w…

6-324. Attorney fees. In any action brought under the provisions of this chapter, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney fees. For attorney fees to be awarded in cases requiring the three (3) days’ no…

6-401. Actions to quiet title. An action may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining such adverse claim, provided that all actions to adjudicate water rights and obtain a…

6-402. Disclaimer or default — Costs. If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff can not recover costs.

6-403. Termination of plaintiff’s right. In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced but it appears that his right has terminated during the pendency of the action, the verdict and judgment must…

6-404. Value of improvements as set-off. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good …

6-405. Order for survey and examination. (1) Any person having a bona fide claim to the possession of, title of, or interest in any real property or mining claim, including any ledges thereof, that is, or that he has good reason to believe is, in the possession of another, either…

6-406. Form and service of order — Rights under. The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurement, …

6-407. Injury pending foreclosure or conveyance after execution sale — Injunction. The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon, or after a sale o…

6-408. Injury pending conveyance after sale — Damages. When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, or any redemptioner, may, after his estate becomes absolute, recover damages for injury to the proper…

6-409. Alienation pending suit. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.