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Legality Questions in Idaho

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Kyra_Eleison

Junior Member
What is the name of your state (only U.S. law)? IDAHO

I'm posting on behalf of a friend who lives in Idaho. She and her husband have reached the end of their lease and decided not to renew. They've already moved into a new rental home but they are paid up through August and retain possession of the old home until the end of tomorrow (8/31). The landlord should take possession on the first. She has two questions:

1. A neighbor told her that the landlord entered the home today while she and her family were out. There was no agreement that he could do so, and it was done without permission. They're not done cleaning the home and are afraid that by his walking through early, it could negatively impact the return of their deposit. She wants to know what recourse she has for his entering illegally (it was illegal for him to do that, right?)

2. The law in Idaho is that the security deposit has to be returned within 21 days (this is what my friend told me and I'm taking her word for it; I don't live in Idaho.) But the lease says the landlord has up to 45 days to return it. In this case, does the law supersede the lease, or does the lease supersede the law? The law must be the final authority... right?

Thanks for any input!
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? IDAHO


1. A neighbor told her that the landlord entered the home today while she and her family were out. There was no agreement that he could do so, and it was done without permission. They're not done cleaning the home and are afraid that by his walking through early, it could negatively impact the return of their deposit. She wants to know what recourse she has for his entering illegally (it was illegal for him to do that, right?)
Most of the time, the LL does not need permission to walk through an empty unit the day before he takes possession. And so what if he did, what do you think the penalty would be for that super tiny infraction.

2. The law in Idaho is that the security deposit has to be returned within 21 days (this is what my friend told me and I'm taking her word for it; I don't live in Idaho.) But the lease says the landlord has up to 45 days to return it. In this case, does the law supersede the lease, or does the lease supersede the law? The law must be the final authority... right?
The lease.

And I dont know what idaho law is, ... Oh wait, here it is. http://www.ag.idaho.gov/publications/consumer/LandlordTenant.pdf


I'm sure you will be able to verify alot of questions here.
 

Gail in Georgia

Senior Member
" She wants to know what recourse she has for his entering illegally (it was illegal for him to do that, right?)"

None. The neighbor has no knowledge that the landlord might have entered to address an emergency repair.


"The law in Idaho is that the security deposit has to be returned within 21 days. But the lease says the landlord has up to 45 days to return it. In this case, does the law supersede the lease, or does the lease supersede the law? The law must be the final authority... right?"


As the information BP attached, it can be up to 30 days if both the tenant and the landlord both agree to this.

Gail
 

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