Idaho Code §§ 6-301 to 6-324 § 6-301
FORCIBLE ENTRY DEFINED.
Operative Text
Every person is guilty of a forcible entry who either: 1. By breaking open doors, windows or other parts of a house, or by any kind of violence or circumstances of terror, enters upon or into any real property; or, 2. Who, after entering peaceably upon real property, turns out, by force, threats or menacing conduct, the party in possession.
Idaho Code Title 6, Chapter 3, § 6-301 defines two forms of forcible entry under state law. The first occurs when someone gains access to real property by physically breaking through doors, windows, or other parts of a structure, or by using violence or intimidating circumstances. The second form occurs when someone who initially enters a property peacefully then uses force, threats, or menacing behavior to drive out whoever is lawfully in possession of that property.
Plain English — not legal advice.
Under § 6-301, property owners and managers should be aware that reclaiming possession of a rental unit through physical force, property damage, or threatening conduct—even if a tenant is behind on rent or otherwise in violation—falls within Idaho's definition of forcible entry. Compliant operators generally rely on the formal unlawful detainer process established elsewhere in Idaho Code Title 6, Chapter 3, rather than self-help measures. Documenting all communications and actions taken during a dispute helps demonstrate that no conduct prohibited by § 6-301 occurred.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 6-301 of Idaho Code Title 6, Chapter 3 establishes that a landlord or other party who breaks into a rental unit or uses threats and menacing conduct to remove an occupant may be committing a forcible entry under Idaho law. Tenants who believe they have been subjected to such conduct may have grounds to raise this provision as a defense in an eviction proceeding or to pursue a separate legal claim. Tenant-rights organizations in Idaho can help explain what options are generally available under this statute.
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
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API