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 absence of the occupant or property owner of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, refuses to surrender the same to such former occupant or property owner. 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, regardless of whether the property was inhabited by the occupant of real property.
History:
[(6-302) C.C.P. 1881, sec. 796; R.S., R.C., & C.L., sec. 5092; C.S., sec. 7321; I.C.A., sec. 9-302; am. 2017, ch. 276, sec. 1, p. 724.]
Structure Idaho Code
Title 6 - ACTIONS IN PARTICULAR CASES
Chapter 3 - FORCIBLE ENTRY AND UNLAWFUL DETAINER
Section 6-301 - FORCIBLE ENTRY DEFINED.
Section 6-302 - FORCIBLE DETAINER DEFINED.
Section 6-303 - UNLAWFUL DETAINER DEFINED.
Section 6-304 - SERVICE OF NOTICE.
Section 6-305 - JURISDICTION OF DISTRICT COURT.
Section 6-308 - PARTIES DEFENDANT.
Section 6-309 - PARTIES GENERALLY.
Section 6-310 - ACTION FOR POSSESSION — COMPLAINT — SUMMONS.
Section 6-311A - JUDGMENT ON TRIAL BY COURT.
Section 6-311C - FORM OF EXECUTION.
Section 6-311D - ADDITIONAL UNDERTAKING ON APPEAL.
Section 6-311E - ACTION FOR DAMAGES — COMPLAINT — SUMMONS.
Section 6-312 - JUDGMENT BY DEFAULT.
Section 6-313 - TRIAL BY JURY.
Section 6-314 - SUFFICIENCY OF EVIDENCE — DEFENSES.
Section 6-315 - AMENDMENT OF COMPLAINT.
Section 6-316 - JUDGMENT — RESTITUTION.
Section 6-317 - TREBLE DAMAGES.
Section 6-318 - PLEADINGS MUST BE VERIFIED.
Section 6-319 - APPEAL AS STAY.
Section 6-320 - ACTION FOR DAMAGES AND SPECIFIC PERFORMANCE BY TENANT.
Section 6-321 - SECURITY DEPOSITS.
Section 6-322 - RULES OF PRACTICE IN GENERAL.