Idaho Code §§ 6-301 to 6-324 § 6-302
FORCIBLE DETAINER DEFINED.
Operative Text
Every person is guilty of a forcible detainer who either: 1. By force, or by menaces and threats of violence, unlawfully holds and keeps possession of any real property, whether the same was acquired peacefully or otherwise; or 2. Who during the absence of the occupant or property owner of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, refuses to surrender the same to such former occupant or property owner. The occupant of real property, within the meaning of this subdivision, is one who, within five (5) days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands, regardless of whether the property was inhabited by the occupant of real property.
Idaho Code Title 6, Chapter 3, § 6-302 defines 'forcible detainer' as two distinct situations in which a person unlawfully holds real property against the rights of another. The first occurs when someone uses force, threats, or menacing conduct to keep possession of property, regardless of how they originally obtained it. The second occurs when someone enters property during the owner's or occupant's absence and then refuses to leave after being asked to surrender it — with 'occupant' defined as someone who was in peaceful possession within the five days before the unlawful entry.
Plain English — not legal advice.
Under Idaho Code § 6-302, property owners and managers should understand that this statute provides a legal framework for addressing situations where someone refuses to vacate after unlawful entry or uses threats to hold property. A compliant operator generally documents any unauthorized entry or threatening conduct promptly and follows the formal demand-and-surrender process outlined in Idaho's forcible detainer statutes before pursuing court action. Keeping records of lawful possession, communications, and any demands for surrender helps establish the factual basis needed to invoke this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Idaho Code § 6-302 also protects tenants and occupants who are in peaceful possession of a property — if someone unlawfully enters during your absence and refuses to leave after a demand is made, that person may be subject to a forcible detainer action. Tenants who believe their peaceful possession has been disrupted in this way may have grounds to raise this provision in a legal proceeding or to seek assistance from a tenant-rights organization familiar with Idaho law. General enforcement paths include consulting Idaho Legal Aid Services or another tenant-rights resource to understand how § 6-302 applies to the specific circumstances at hand.
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