Idaho Law Blog

Removing the Tenant After a Judicial Eviction

Published on: October 6, 2016 | by Racine Olson

The final step in the judicial process of an eviction is the physical removal of the tenant from the premises. Although it may seem strange, it is very common for tenants to not voluntarily leave the premises, even after the judicial eviction trial is over and the judge as entered an Order or Judgment for Eviction. Some tenants will simply stay in the premises until the bitter end.

A landlord who has received a Judgment for Eviction is entitled to seek Writ of Restitution or Writ of Possession from a court as well. A Writ of Restitution or Writ of Possession is a documents signed by the judge to the Sheriff, ordering the Sheriff to remove the tenant from the premises. Essentially, the landlord can then force the tenant out of the premises.

Why You Should Be Specific In Your Will About Charitable Gifts

Published on: October 6, 2016 | by Racine Olson

By Lane V. Erickson

The story is well-known by now because it’s been all over the news. Apparently a former librarian named Robert Morin who worked at the University of New Hampshire library passed away. In his Last Will and Testament he left a $4 million gift to the school. The University of New Hampshire used $100,000 from the gift to go to the library where Robert worked. The controversy arose because the University chose to use $1 million from the gift to pay for a new electronic scoreboard for the football field.

Many individuals in the community and around the nation are upset that a larger gift was not used by the University for the library. As the facts have come to light Robert’s last will and testament specifically designated that $100,000 would go to the library. However, Robert did not designate specifically how the remaining money should be used by the University. As a result, the University was free to spend $1 million from the gift for the electronic scoreboard despite what others thought should be done.

Idaho Claimants Have a Direct Right of Appeal to the Idaho Supreme Court

Published on: October 4, 2016 | by Racine Olson

By Fred J. Lewis

We are currently in the 99^th year of the Idaho Workers’ Compensation system. The Idaho legislature has not had to tinker much with the Idaho Workers’ Compensation system during that entire time period. I believe this is in large part due to the Claimants’ direct right of appeal to the Idaho Supreme Court. In other words, if you are injured on the job in the state of Idaho and you receive a result from the Idaho Industrial Commission and you and your lawyer believe the Commission has made a mistake on the application of the law, you can appeal the unfavorable decision directly to the Idaho Supreme Court. This allows the Idaho Supreme Court to make sure that the Idaho Workers’ Compensation Laws are applied evenly and correctly to all injured parties throughout the state.

You can even ask the Idaho Industrial Commission to give you a specific application of Idaho workers compensation law as to your case. This happens by having your Idaho Workers’ Compensation lawyer file papers with the Idaho Industrial Commission.

Important Questions About Employee Handbooks That Every Employer Should Know

Published on: October 4, 2016 | by Racine Olson

By Lane V. Erickson

Several times a week I have clients who come to me and ask me to either review an employee handbook for them or to create an employee handbook for use with their employees in their business. 　The most universally, two specific questions that come up from my clients are discussed below.

WHAT IS AN EMPLOYEE HANDBOOK?

Can a Landlord Legally Reject a Prospective Tenant?

Published on: October 4, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Landlord clients often ask me about what they can do legally to screen and/or reject prospective tenants. A landlord’s goal is to lease the premises to a tenant who will pay their rent and keep the premises in good shape. To accomplish this goal, there are several areas that a landlord can use to legally exclude or reject prospective tenants. Some examples include non-smoking; criminal convictions for any reason; low credit score; bad reference from previous landlord; etc. A landlord can deny housing to a prospective tenant for just about any reason, so long as the reason used is not an illegal reason. The list of illegal reasons are contained in the Fair Housing Act.

There are three basic documents that every landlord should use when leasing real property. One of these three documents is the Rental Application. When used correctly, the Rental Application provides the landlord with the best tools to legally reject a prospective tenant.

Rental Car Liability

Published on: October 4, 2016 | by Racine Olson

By Patrick George

When you rent a car, there is understandably a certain expectation that the vehicle will be provided in good mechanical repair, and with safe tires which are relatively new and have good tread. Idaho roadways are packed with leased vehicles from numerous rental car companies with very recognizable names due to our picturesque scenery and vacation places. While rental car vehicles are typically washed and vacuumed, and even delivered with a fresh new scent or pine smell, they are not always delivered with the same high quality tires, engine repair, and other vehicle needs that we have come to expect.

More than one case has been brought against a rental car company in connection with accidents that were allegedly caused by low tire tread resulting in a hydroplaning event or a lack of traction on slick or snowy roads. Imagine the surprise and dismay experienced by those who were injured, or their family members, when it was learned that the tire tread on the rental vehicles had been worn down below the level recommended in the safety manuals generated by the very rental car companies that had leased the vehicles. Consider the last time you actually checked the tread on a rental car. And yet, so often it would not be something that you wouldn’t trust on your own vehicle.

The 6 Basic Steps in a Probate

Published on: October 4, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

I’m often asked by my Estate Planning clients what the steps in Probate include. I find it helpful for my clients when I explain the process and help them understand the six basic steps involved in a Probate. Here are those steps:

1. Petition for Probate

Child Custody: What if my circumstances have changed?

Published on: October 3, 2016 | by Racine Olson

By Heidi Buck Morrison

Child custody orders are not necessarily permanent. However, they cannot be changed at the drop of a hat either. In Idaho, in order to justify a change in a custody order, the moving party must demonstrate a material, substantial change in circumstances occurred since entry of the earlier order. Courts have great discretion in decisions regarding child custody, and in addition to determining whether the moving party has met their burden of showing a material, substance change, courts will always look to ensure any custody modification serves the best interests of the children.

Clients often wonder what qualifies as a “material, substantial change in circumstances.” However, there is no definitive answer. It is a fact specific inquiry and analysis that a court must engage in. An attorney can help you determine if your unique set of facts may qualify as a material, substantial change in circumstances.

Implied Warranty of Habitability

Published on: October 3, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

A common area of law that involves environmental issues in a landlord tenant relationship is the implied warranty of habitability. This area is frequently contested by tenants when they are being evicted. This is usually done by a tenant as a means of trying to avoid the eviction by offsetting the amount of rent they have failed to pay with the damages they claim are caused by the landlord.

In most cases, but not in all, this argument fails and the eviction goes forward anyway. This is usually the case not because the tenant’s claims aren’t true. Rather, this is usually the case because the tenant has failed to follow the statutory requirements to properly notify the landlord of problems with the property that properly raise the issue of implied warranty of habitability.

Unmarked Crosswalks—jaywalking?

Published on: October 3, 2016 | by Racine Olson

By Patrick George

Often the idea of an unmarked crosswalk is misunderstood or misapplied. The lack of understanding this concept can lead to tragic and even fatal accidents between vehicles, pedestrians, and bicyclists. Fortunately Idaho has specific laws to govern the responsibilities of the various users of this area of the road.

Most everybody knows that they must watch for pedestrians in marked crosswalks. These marked crossings often have signs, white paint on the roadway, and even flashing lights to alert drivers to the potential of pedestrians. Drivers know that they should stop for pedestrians and bicyclists. Other drivers are alert to the fact that if one vehicle is stopped at a crossing, it is illegal to pass. What about unmarked crosswalks?