When Is It Illegal for Landlords to Retaliate in Idaho?
It’s illegal for Idaho landlords to retaliate byattempting eviction after tenantsreport violations of housing or safety codes,or otherwise try to secure a legal right related to their rental of the property. The tenant has the burden of proof when alleging retaliation.
What Can Tenants Do in Response in Idaho?
If a landlord starts an eviction in Idaho, the tenant canprevent the evictionby showing a retaliatory motive (can be proven by implication). The tenant can alsoget monetary damagesoran injunction,including court costs and attorney fees, when following the legal process for notification about repair issues.
“[A] landlord’s claim for eviction of a tenant may be defeated by a showing that the primary motive for the eviction is retaliation against the tenant for reporting to authorities violations of housing or safety codes. The tenant will carry the burden to prove the retaliatory nature of the eviction. ” Wright v. Brady, 126 Idaho 671, 675 (Idaho Ct. App. 1995)See alsoConnolly v. Powell, 141 Idaho 844, 846 (Idaho Ct. App. 2005) (“[A] retaliatory eviction defense… may be raised in an unlawful detainer action. This is an affirmative defense, and the tenant therefore bears the burden to prove that the primary motive for the eviction is retaliation for tenant actions that are protected by the statute.”)
“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 working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord; (3) Maintaining the premises in a manner hazardous to the health or safety of the tenant; (4) Failure to return a security deposit as and when required by law; (5) 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; and (6) Failure to install approved smoke detectors in each dwelling unit, to include mobile homes, under the landlord’s control.”
“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.”
“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’ notice as set forth in section 6-303(2), Idaho Code [eviction for nonpayment of rent], it shall be necessary that the three (3) days’ notice advise the tenant that attorney fees shall be awarded to the prevailing party.”