Idaho Law Blog

Landlord-Tenant Law and Reasonable Accommodations

Published on: November 26, 2016 | by Racine Olson

Landlords often have potential tenants or current tenants who are or become disabled physically or otherwise. When this occurs, the Fair Housing Act requires a landlord to make a reasonable accommodation for the tenant in most circumstances. My landlord clients often ask me what a Reasonable Accommodation is.

Turning again to the federal Fair Housing Act and its interpretation by both HUD and the Federal Department of Justice, the following was set forth on May 17, 2004, as an official statement concerning what constitutes a Reasonable Accommodation:

Pre-Paid Funeral as Part of Your Estate Plan

Published on: November 26, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

There are just about as many different types of estate plans as there are people. What this really means is that there is a great deal of flexibility in the type and content of the estate plan that you choose. Estate planning is really designed to protect you and your loved ones regardless of your unique or unusual circumstances.

The basic components of an estate plan include a last will and testament, a durable power of attorney, and a living will and durable power of attorney for health care. Estate planning can also include various kinds of trusts that may be necessary for either yourself or for a loved one.

Unemployment Benefits Likely Gone If You Quit Your Job Without a Good Reason

Published on: November 25, 2016 | by Racine Olson

By Joseph G. Ballstaedt

In Idaho, if you leave your job voluntarily (rather than being fired), you are not eligible for unemployment benefits unless you left for “good cause connected with [your] unemployment.” The term “good cause” does not have an exact definition, and what constitutes good cause will depend on the unique facts of each individual case, but an employee’s decision to quit must be based on circumstances that are “real, not imaginary, substantial not trifling, and reasonable, not whimsical.” Ullrich v. Thorpe Elec., 109 Idaho 820, 823, 712 P.2d 521, 524 (1985). Also, rather than quit, an employee must explore viable options to resolve work problems and keep his job. See Ellis v. Northwest Fruit & Produce, 103 Idaho 821, 654 P.2d 914 (1982). And if he does quit, an employee must prove that good cause existed (the employer does not have to prove that good cause did not exist).

Over the past several decades, Idaho courts have determined that employees did not have good cause to quit under the following circumstances:

Wildlife Collision Season Is Upon Us

Published on: November 25, 2016 | by Racine Olson

It is the time of year with weather changes, mating and hunting seasons upon us when the likelihood that an Idaho driver will collide with wildlife, especially deer increases. ITD reports that injuries and fatalities spike during the months of October, November, and December due to deer versus vehicle collisions.

Nationally, deer collisions are the cause of an estimated 1.23 million collisions per year, 200 deaths and $4 billion in damages each year. With growing populations and humans encroaching into natural habitat, deer become a serious safety hazard. Drivers should be extra cautious during these months. Scan the road for deer and other danger signs.

In Idaho, thanks to the safety programs implemented by ITD and the Office of Highway Safety, deer collisions are on the decline. All drivers should keep in mind the following facts regarding deer and other wildlife: they are unpredictable; move in herds (if you see one, watch for others), dusk and dawn present the high-risk times, and they are present on all roads.