Idaho Code §§ 55-2701 to 55-2720 § 55-2719
ATTORNEY’S FEES.
Operative Text
In any action brought under the provisions of this chapter, or those of section 6-302 or 6-303, Idaho Code, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney’s fees.
Under Idaho Code § 55-2719, when a legal action is brought under the Floating Homes Residency Act or related Idaho Code sections 6-302 or 6-303, the party that wins the case is generally entitled to have their attorney's fees paid by the losing party — unless the court has already awarded treble (triple) damages in that same case. This fee-shifting rule is an exception to the usual American practice where each side pays its own legal costs. The treble-damages carve-out prevents a winning party from receiving both multiplied damages and a separate attorney's fee award in the same proceeding.
Plain English — not legal advice.
Floating home marina operators and managers should be aware that § 55-2719 creates a two-way fee-shifting rule: a tenant who prevails in a covered action can recover attorney's fees, but so can a landlord who successfully defends or brings a claim. Compliant operators generally document their actions carefully under the Floating Homes Residency Act so that, if litigation arises, they are positioned as the prevailing party. Understanding that attorney's fees are at stake in these disputes underscores the importance of maintaining thorough records and following the Act's requirements consistently.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Floating home residents should know that § 55-2719 provides a meaningful financial protection: if a tenant brings or defends a successful action under the Floating Homes Residency Act or Idaho Code §§ 6-302 or 6-303, they may be entitled to recover attorney's fees from the opposing party. This fee-shifting provision can make it more practical for tenants to pursue legitimate claims, since the cost of legal representation may ultimately be borne by the losing side. Tenants who believe their rights under the Act have been violated may wish to consult a tenant-rights organization or legal aid office to understand how this provision could apply to their circumstances.
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 In
Rules and statutes that cite this regulation