Idaho Code §§ 55-301 to 55-307 § 55-302
REMEDIES OF LESSOR AGAINST LESSEE’S ASSIGNEE.
Operative Text
Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan, and is not accompanied by possession of the premises.
Idaho Code Title 55, Chapter 3, § 55-302 establishes that a landlord's legal remedies against an original tenant extend equally to anyone that tenant has assigned the lease to, as long as the assignee actually occupies or controls the premises. The rule applies to any breach or grounds for recovering possession that arises during the period the assignee holds that role. One key exception carves out assignments made purely as collateral for a loan where the assignee never takes possession of the property.
Plain English — not legal advice.
Under § 55-302, property owners and managers in Idaho can generally pursue the same legal remedies against a lease assignee that they would have against the original tenant, provided the cause of action arose while the assignee was in that role. Compliant operators typically document any assignment of a lease, confirm whether the assignee has taken possession, and track when obligations and breaches occur relative to the assignment date. Operators should be aware that an assignment made solely as loan security—without accompanying possession—falls outside the scope of this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 55-302 of the Idaho Code means that if you have assigned your lease to someone else, that assignee can be held directly accountable to the landlord for breaches or possession disputes that arise during their tenure. As the original tenant, understanding when an assignment took effect and whether the assignee took possession can be relevant to questions of ongoing liability. Tenants navigating assignment-related disputes may benefit from reviewing the lease terms carefully and consulting a tenant-rights organization or legal aid service familiar with Idaho landlord-tenant law.
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.
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