Facing eviction from your apartment? This new Idaho court order could buy you time
Most eviction proceedings in Idaho have been temporarily suspended following an order from the Idaho Supreme Court responding to the coronavirus.
The court has ordered the suspension through April 15 of court hearings, including civil and criminal trials, by all magistrate and district courts across the state. It is allowing only emergency proceedings involving in-custody arraignments and preliminary hearings, juvenile detention, child protection and adoption hearings, termination of parental rights, mental health commitments and a limited number of other civil proceedings.
The order drew praise from two nonprofit groups that help struggling families.
“Many renters in Idaho with modest incomes are one missed paycheck away from facing eviction,” Idaho Voices for Children said in an email.
“I absolutely hope that landlords won’t file for eviction right now and that they’ll be patient with tenants and give them some time and be willing to set up payment plans,” said Ali Rabe, executive director for Jesse Tree of Idaho, which provides financial aid to families facing eviction.
The Thursday, March 26, order provides that eviction proceedings for tenants may proceed only if the “unlawful delivery, production or use of a controlled substance is taking place on the premises.”
“Therefore, while this order is in effect, only these ‘drug-related’ eviction cases will be scheduled for hearing,” 4th District Magistrate Christopher Bieter wrote in a letter to attorneys involved in existing cases.
Beiter said hearings scheduled before the Supreme Court’s order was issued will be held by telephone. His letter told attorneys to provide the court with a phone number for their clients so they could take part.
Property owners may still file eviction petitions in county municipal courts, but they won’t be heard until after the Supreme Court’s order is lifted.
An emergency eviction petition may also be filed with the court. Bieter’s letter said plaintiffs must submit an affidavit outlining why the case qualifies as an emergency. A judge will review the complaint and affidavit in those cases and determine whether it qualifies.
Non-emergency cases will be set for court hearings beginning in May. However, they could be pushed back if the Supreme Court order is extended past April 15. On Sunday, President Donald Trump extended federal social distancing guidelines to April 30.
Boise Mayor Lauren McLean also praised the order.
“I believe it would be entirely within the state’s purview to just say out loud, that we’re going to have as policy that evictions don’t occur,” McLean said at a news conference Wednesday. “But I am pleased that the courts took the task of saying they weren’t going to process them, because that effectively places a moratorium on evictions except for those where drugs are being made and held.”
Call volume surges on Jesse Tree crisis line
Jesse Tree is receiving 30 to 40 calls a day on the group’s housing crisis line, at 208-383-9486, Rabe said by phone. That’s three to four times the normal volume of crisis line calls, she said.
“Most of those people have lost their jobs,” Rabe said. “They didn’t have substantial savings, and so they can’t pay their April rent.”
The best advice Rabe has for people who can’t pay their rent is to speak with their landlords immediately. Pay what you can pay and see if they’re willing to set up a payment plan or waive a portion of the rent, she said.
“Landlords really appreciate it when tenants communicate with them, and they’re often more willing to set up some kind of payment plan if people will just be good communicators and be open and honest about their financial situation,” Rabe said.
Jesse Tree provides rental assistance to families experiencing financial crises. Families should speak to their landlords first and ask if they’ll accept a payment plan before calling Jesse Tree’s crisis hot line, she said.
Families with children at home, Rabe said, should call Idaho 211, a free statewide community and referral service organized by the Idaho Department of Health and Welfare.
Meanwhile, Gov. Brad Little signed a bill last week that requires landlords to provide 30-days notice to hike a tenant’s rent by 10% or more.
Reporter Hayley Harding contributed.
This story was originally published April 2, 2020 at 4:00 AM.
