For nearly twenty years I’ve represented both landlords and tenants with regards to issues concerning the rental of Idaho real estate. The majority of the issues that come up involve residential real estate. Perhaps the most frequent issues that arise have to do with security deposits. Here are four things every person should know about Idaho rental property and security deposits.
1. Not Everything is Rent
By Matthew P. Stucki
Confusion can arise in cases where an individual that has a Last Will and Testament makes a gift to a named beneficiary and is silent as to the intent of the gift. This confusion stems from the question as to whether the gift to the beneficiary is in addition to what he or she will inherit under the Last Will and Testament, or is the gift to be deducted from what he or she will inherit under the Last Will and Testament.
In Idaho, “property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction.” Idaho Code § 15-2-612.
Most serious on-the-job injuries to Idaho workers result in permanent injuries. Typically, you will be given restrictions by your treating doctor that will end your employment with your current employer. Most injured workers in Idaho have a difficult time after they have lost their employment because of an on-the-job injury. You may find yourself getting depressed and not knowing where to turn next.
If retraining is not possible and you cannot return to your former employment, your new job will be looking for a job and documenting the entire work search. The Idaho Worker’s Compensation law requires that you do all you can to find a job that is at or near your pre-injury wage. The Idaho Industrial Commission provides rehabilitation caseworkers that will assist you in your job search. However, only you can actually go out and do the job search in the form of obtaining job leads from the Idaho Department of Labor, searching the internet, and networking with potential employers. Every step of your job search must be documented and contemporaneous records need to be kept so that you can offer this documentation as proof of your job search. If you do not write this information down and keep copies of applications the Idaho Worker’s Compensation system will assume that you did not do the job search.
Continuity and stability are two of the factors Idaho judges must consider when drafting a child custody plan for divorcing parents. The majority of child psychologists and social workers advise parents to establish routines for their children to help create a predictable environment in which children typically thrive. Accordingly, it is generally in a child’s best interest for parents who must co-parent from different households to collaborate regarding providing their child with consistency, including:
By Matthew Stucki
Recently I have seen an increase in clients that come to my office and declare that they have made a gift to one or more of their children as part of their Medicaid planning or for some other reason. However, in most of these cases, the individual that has made the gift has not considered the potential conflict the gift may cause among their children.
In Idaho, “if a person dies intestate as to all his estate, property which he gave in his lifetime to an heir is treated as an advancement against the latter’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement.” Idaho Code § 15-2-110
By Lane V. Erickson, Attorney
Idaho is one of the states that offer a Speedy Eviction option to Idaho landlords under certain circumstances. The Speedy Eviction is a term used by lawyers who help Idaho landlords with evictions. A Speedy Eviction is simply a faster option that can be used by an Idaho landlord to evict individuals.
Idaho offers a few limited reasons when a Speedy Eviction can be used, but the most often is when a tenant fails to pay rent. When a tenant fails to pay the rent, an Idaho landlord is first required by statute to provide a written 3 day notice. Once that is completed then the Idaho landlord can move forward with the Speedy Eviction.
By Lane Erickson, Attorney
As I was driving to work one day I saw a bumper sticker on a car that said “At Will Employment Sucks”. Having practiced in employment law for nearly 20 years, I often have clients that misunderstand the at-will employment laws. This particular bumper sticker was a reminder of these misunderstandings.
“At-will” laws are just another way of saying that the employment of a particular person is without a contract. In Idaho an employment contract can either be in writing or oral, but in order to eliminate the at-will laws the contract must State specifically that it is for a specific period of time. This could be a 6 month, or 1 year or even 5 year period of time. It really doesn’t matter so long as that the time period is stated and is specific.
The use of a Miller Trust can help otherwise Medicaid eligible individuals qualify for Idaho Medicaid’s long-term care benefits when their monthly income exceeds $2,199. Individuals will generally not qualify for Idaho Medicaid’s long-term care benefits if their monthly income exceeds $2,199. Long-term care benefits are typically sought by older individuals in need of assistance with their daily activities, including personal hygiene, food preparation, and mobility. Many older/retired individuals have retirement accounts, annuities, or pensions that provide cumulative monthly income in excess of $2,199. So how can a Miller Trust help?
A Miller Trust is only effective if it is properly established and managed. Here is an overview of the process:
Under Idaho Worker’s Compensation law, the injured party has the burden of proof to produce medical evidence to support their Idaho Worker’s Compensation claim. This means your treating doctor needs to be on your side. He or she has to be willing to offer an opinion on a more probable than not basis that the industrial accident caused an injury to your body. If your treating doctor is unwilling to offer this testimony, you need to ask your doctor to refer you to a doctor who will help you with your Idaho Worker’s Compensation claim by offering a causation opinion as I have described above.
Sometimes, the doctor does not want to lose you as a patient because the doctor is being paid at a higher rate because it is an Idaho Worker’s Compensation claim. Under the Idaho Worker’s Compensation medical fee schedule, doctors are paid a lot higher rate for treating Idaho Worker’s Compensation claimants. Some doctors want to hold on to you as patients because you are a “cash cow” and they will not want to refer you. This presents a difficult position. At that point in time you essentially have two options. First, you file a petition for a change of physician with the Idaho Industrial Commission under Rule 20 of the Judicial Rules of Practice and Procedure under the Idaho Worker’s Compensation Law. The Commission may or may not grant your petition for change of physician. Your second option is to use your private insurance or some other non-Idaho Worker’s Compensation insurance coverage or Medicare or Medicaid card to go to the doctor of your choice who will help you with your Idaho Worker’s Compensation claim. Without a referral, and without an order changing your doctor from the Idaho Industrial Commision, the worker’s compensation insurance company is not required to pay for their services. However, this may be the only way that you can obtain the necessary medical opinions to make your claim go forward.
By Lane Erickson, Attorney
I have represented both landlords and tenants in Idaho for a number of years. I got to know the area of law so well, that I decided to become a landlord myself about eight years ago. There are a lot of important things to understand in landlord tenant law, but I am always surprised at the number of landlords who don’t truly understand how a month-to-month tenancy works. The thing that is most often misunderstood with a month-to-month lease agreement has to do with terminating the tenancy and getting the tenant out.
The first thing to understand about Idaho landlord/tenant laws is that if there is no written agreement, the tenancy is automatically considered to be month to month. This can be eliminated easily by simply entering into a written lease agreement for a specific period of time, such as 6 months or a year. However, that alone does not eliminate issues with month to month tenants. Often, even a written lease agreement will state that when the specific term comes to the end the tenancy then becomes month to month.
Idaho Law Blog
