Idaho Code §§ 52-406, 52-414 § 52-414
LEASE VOID IF BUILDING USED FOR LEWD PURPOSES.
Operative Text
If a tenant or occupant of a building or tenement, under a lawful title, uses such place for the purposes of lewdness, assignation, or prostitution, such use makes void the lease or other title under which he holds, at the option of the owner, and, without any act of the owner, causes the right of possession to revert and vest in such owner, who may without process of law make immediate entry upon the premises.
Under Idaho Code Title 52, Chapter 4, § 52-414, when a tenant or occupant uses a rented building for lewdness, assignation, or prostitution, that use can automatically void the lease at the owner's discretion. The law provides that the owner's right of possession reverts immediately upon such use, without requiring any court proceeding. This provision is part of Idaho's Moral Nuisances statutes and applies regardless of whether the original lease was otherwise valid.
Plain English — not legal advice.
Idaho Code § 52-414 gives property owners a significant remedy when a tenant uses the premises for lewdness, assignation, or prostitution: the lease may be treated as void at the owner's option, and the right of possession reverts without requiring a formal court process. Operators who discover such use generally document the activity thoroughly and consult legal counsel before exercising any self-help entry rights, since the statute's authorization to enter 'without process of law' can intersect with other legal requirements. Maintaining clear lease provisions prohibiting illegal activity can support a property owner's position under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Idaho Code § 52-414 establishes that a lease can be voided and possession can revert to the owner if the premises are used for lewdness, assignation, or prostitution — meaning a tenant in such a situation may lose their right to occupy the property without a standard eviction proceeding. Tenants who believe this provision is being applied incorrectly or in bad faith may have grounds to challenge the owner's actions, since the statute's self-help entry right exists alongside other tenant protections under Idaho law. Consulting a tenant-rights organization or legal aid service familiar with Idaho housing law can help clarify what procedural protections may still apply under § 52-414.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation