StateLawyers Logo Add Your Practice
Attorney Search Issue: State: City: Search for an Attorney
Home About Us Legal Resources State Resources FAQ Add Your Practice Login Contact Us
State Statutes - Idaho - Title 6 - Chapter 3 - 6-316
Idaho Statutes
Search Idaho Statutes
6-316 - JUDGMENT -- RESTITUTION
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 proceeding be for an unlawful
detainer after neglect or failure to perform the conditions or covenants of
the lease or agreement under which the property is held, or after default in
the payment of rent or based upon a finding that a landlord had reasonable
grounds to believe that a person is, or has been, engaged in the unlawful
distribution, production, or use of a controlled substance on the leased
premises during the term for which the premises are let to the tenant, the
judgment shall also declare the forfeiture of such lease or agreement. The
jury, or the court, if the proceeding be tried without a jury, shall also
assess the damages occasioned to the plaintiff by any forcible entry, or by
any forcible or unlawful detainer, alleged in the complaint and proved on the
trial, and find the amount of any rent due, if the alleged unlawful detainer
be after default in the payment of rent or, after default, based upon a
finding that a landlord had reasonable grounds to believe that a person is, or
has been, engaged in the unlawful distribution, production, or use of a
controlled substance on the leased premises during the term for which the
premises are let to the tenant, and the judgment shall be rendered against the
defendant guilty of the forcible entry, or forcible or unlawful detainer, for
the amount of the damages thus assessed, and of the rent found due. When the
proceeding is for an unlawful detainer after default in payment of rent where
the tract of land is larger than five (5) acres, and the lease or agreement
under which the rent is payable has not by its terms expired, execution upon
the judgment shall not be issued until the expiration of five (5) days after
the entry of the judgment, within which time the tenant, or any subtenant, or
any mortgagee of the term, or other party interested in its continuance, may
pay into court, for the landlord, the amount found due as rent, with interest
thereon, and the amount of the damages found by the jury or the court for the
unlawful detainer, and the costs of the proceeding, and thereupon the judgment
shall be satisfied and the tenant be restored to his estate; but if payment as
here provided be not made within the five (5) days, the judgment may be
enforced for its full amount, and for the possession of the premises. In all
other cases the judgment may be enforced immediately.
 
Click here to visit the Official Idaho State Statutes
Home  |   Sitemap  |   About Us  |   Contact Us  |   Privacy Policy  |   Security  |   Disclaimer  |   Add Your Practice  |   Attorney Login
Copyright © 2004 - 2008, StateLawyers.com, Inc. All Rights Reserved.