Idaho State Statutes - Idaho Attorney Directory

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, in the nighttime, or during the absence of the occupant of any
lands, unlawfully enters upon real property, and who, after demand made for
the surrender thereof, for the period of five (5) days, refuses to surrender
the same to such former occupant. The occupant of real property, within the
meaning of this subdivision, is one who, within five (5) days preceding such
unlawful entry, was in the peaceable and undisturbed possession of such lands.

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