Bill > H0321

This bill establishes a new legal process in Idaho for property owners to quickly remove unauthorized occupants from residential real property and creates two new criminal offenses related to property fraud. The first section provides a detailed alternative remedy for property owners to request immediate removal of unauthorized persons from their residential property through a specific complaint process with the county sheriff, provided several strict conditions are met, such as the property not being open to the public when entered, the owner having directed the occupants to leave, and no existing rental agreement or family connection exists. The bill also creates two new criminal offenses: making false statements to detain real property (a misdemeanor), which involves presenting fraudulent documents like fake lease agreements or deeds to remain on a property, and fraudulent sale or lease of residential real property (a felony), which involves listing or renting a property when the person knows they lack legal title or ownership rights. The law includes protections for property owners, such as allowing them to change locks and remove personal property with sheriff assistance, while also providing recourse for individuals who might be wrongfully removed through potential civil action. The bill will go into effect on July 1, 2025, and is intended to protect property rights and discourage unauthorized occupation and property-related fraud.

Justice

Ways and Means Committee (H)

https://legislature.idaho.gov/sessioninfo/2025/legislation/H0321/