Can my landlord evict me via trespass in Idaho?
If you are a tenant in Idaho, you are expressly exempt from being trespassed off the rental property you occupy. Idaho Code 18-7008 states in part the following: Every person who willfully commits any trespass, by either . . . (8) Every person, except under landlord-tenant relationship, who, being first notified in writing, or verbally by the owner or authorized agent of the owner of real property, to immediately depart from the same and who refuses to so depart, or who, without permission or invitation, returns and enters said property withi…
Don’t Overlook Idaho Code 55-208 and 55-307 in Landlord/Tenant Law
In my opinion, Idaho Code 55-208 and 55-307 are the most overlooked statues in landlord/tenant law in Idaho. Typically, people go straight to Idaho Code title 6 chapter 3 when looking for answers to landlord/tenant issues. While that chapter includes key provisions regarding eviction, repair, and security deposits, 55-208 and 55-307 address two key situations that happen perhaps more regularly than all those situations combined. Idaho Code 55-208 55-208. TERMINATION OF TENANCY AT WILL. A tenancy or other estate at will, however created, m…
Legal Business Marketing: Viral Videos and the Legal Advertising Paradigm
Legal advertising has a standard format that is problematically recognizable. Since the flood gates were open to attorney and law firm marketing in 1977, massive amounts of money and time have been invested into soliciting clients. Though the Court’s intent in allowing such advertising was for public good, many feel as though the law and legal profession as a whole has taken a black eye from this new found ability to advertised. This essay aims to examine the current form of legal business advertising, how it was developed, and how it might su…
Grandparent “Keys to the Courthouse” in Idaho
When assisting grandparents with concerns about the custody and wellbeing of their grandchildren, there are more options in Idaho other than seeking a guardianship. As explained by the Idaho Supreme Court in Overholser v. Overholser , 164 Idaho 503, 432 P.3d 52 (2018) , grandparents in Idaho hold several “keys to the courthouse” in such situations: "Magic Keys" by cogdogblog is licensed under CC0 1.0 The De Facto Custodian Act under Idaho Code § 32-1701 In certain situations, a grandparent can be deemed a de facto cus…
Save the Cheerleader: Employees or Independent Contractors?
“They think it’s a joke, ‘Oh, these little cheerleaders.’ ” Lacy Thibodeaux Recent accounts of life as a professional cheerleader in the NFL have been anything but glamorous. As a former Oakland Raider cheerleader explained , she was paid $125 a game at the end of the season while being expected to pay for cosmetics, expensive hair treatments, and travel costs out of pocket. Court documents from a 2009 case included a Baltimore Ravens handbook requiring cheerleaders to maintain “warm skin tones” with possible suspensions based on weight viol…
