All Forum Posts by: Dale Walker

Thx Molly. I will try that. Best wishes!

I need some advice. I hope there is someone out there familiar with Idaho Eviction procedures. I have a tenant which I want gone due to property damage. They are NOT behind on rent. They signed a 1 year lease which ends this month. 

I provided 60 days written notice of them needing to vacate even though our lease only requires 30 days written notice.  

My question is what is the proper procedure to start eviction proceedings after notice is given and the tenant has not vacated? I believe this makes them a hold-over tenant. 

There are several documents online which suggest that I can use a complaint form for the Expedited process. That form deals with non-payment of rent.  That is not the case with this situation, as they are not behind. I just want them to move out after the lease ends. I suspect they will not move out when required and eviction may be needed. 

In Idaho, there are two options for the complaint and summons (expedited or regular). Regular evictions are for breaches of the lease. Expedited are for non-payment of rent. The last other type is Forcible detainer. Forcible detainers are for squatters who have never had a tenant relationship with the owner.  I don't see any options for a hold-over tenant.  Any advice would be appreciated. Thanks!

I have used TenantCloud for years. I only have a couple dozen units so I use their free version. I have not been disappointed with them. 

@Chris Brown Thanks for your response. I greatly appreciate it! Best wishes to each of you for your help!

Thanks guys! I found a list of Qualified intermediaries on the BP website, should I look at using one of them or are there local banks/people which can help facilitate this? I guess I don't know would qualify as an intermediary. My wife is a real estate agent. My first thought might be her broker. Thanks again!

Question for you 1031 experienced investors. I own 3 rental properties (duplexes) which I would like to 1031 into 1 larger purchase (12 plex). Can it be done or is it a 1 property for 1 property deal? 

Thanks for any advice. I have never done a 1031 before and this is new for me. :)

Open an account at a different bank. Some do accept cash. All types of cash. 

If they cannot document it as a service animal, then they submitted a incomplete application. 

IF you fear a lawsuit before they move in, just imagine your lawsuit when they do move in and you are in their control.  

Get rid of your PM.  I have had people threaten to sue me for discrimination but I remind them that there are protected classes. Criminals are not a protected class. Pet owners are not a protected class. I would tell the prospective tenant that I will continue to take complete applications until it is rented. If they do not have the proper paperwork to verify that it is a service animal, than it is considered a pet. You can discriminate against pets. I require a prescription, to verify a service or Emotional support animal. Without it, it is just a pet.  Alot of people threaten to sue but most don't have the money to get a lawyer to find out they don't have a case.  Bottom line, get rid of the PM. Give your PM 30 days notice and find a new PM to take over.  Personally, I would find a more qualified renter. Let them spend thousands of dollars in lawyer fees to find out you choose a different qualified renter. 

Your obligation is to make a list of damages with associated costs to remedy. Take their deposit and subtract all the damages. Send them a letter to explain why you are keeping that portion. If more is owed than you have in a deposit, send them a bill. Check your lease to see what time frame you have to send the letter. You can take them to court to recover any balance owed. 

The list seems reasonable. Get them fixed.  Minor things like these can be done on your schedule though. If they want new floors/carpet or major issues, you should tell the they rented the place as it is.