I sued my landlord and won, but it shouldn’t be this difficult in Idaho | Opinion

I faced informal eviction in February 2022. This is a common and poorly documented experience of Treasure Valley renters. My landlord was a serial offender, and no one challenged her until I sued her in small claims court.

I’m sharing my experience with the court system to help the community understand why more renters don’t take action, and why the onus should be on landlords to follow the law, instead of adding compounding barriers to lower-income people who don’t have the money, knowledge, or time to deal with the legal system.

Even with the difficult system we have, my story is proof that you can win and hold irresponsible, immoral landlords accountable. On May 26, a judge in Canyon County ruled in my favor, saying that I had been a victim of unlawful landlord conduct and ordered the return of my security deposit.

Now that I’ve cashed that check, I’m sharing my story in hopes it emboldens the hundreds if not thousands of renters in the Treasure Valley who have gone through what I have (or worse) to take action to reform our system to prioritize renters’ rights over landlord greed.

My landlord’s worst misdeeds weren’t addressed in the ruling. These included having my utilities turned off — the home’s heat in the winter and air-conditioning in the summer. My upstairs neighbors were forced to use their stove for heat because it was so cold; I slept next to my dog to keep warm. Because small claims is a short, linear process once it enters the courtroom, the judge usually moves to a quick decision based on testimony heard that day.

What I didn’t expect is that even though the judge ruled in my favor, the burden was still on me to collect payment.

To get the funds my landlord owed me, I filed a writ of execution to enforce my judgment by garnishing her bank account. True to form, she closed her bank account in an attempt to keep me from garnishing the funds the judge ruled she owed me.

The next choice I had was to file a motion for contempt, as a last resort, meaning I would have had to drive to Caldwell yet again for a court hearing where she could explain why she didn’t pay the judgment. At this point, if she was found in contempt, she would face a misdemeanor, plus a conditional sanction — 30 days in jail if she failed to comply with the court order.

Two months after the judgment was issued, she finally paid me. Her excuse was that she was in Europe, though she was present at the court hearing when the judge ruled in my favor.

Maybe you’re wondering what my big payday looked like? It was just over $600, a laughable amount to most people, especially since I’ve spent more than 100 hours on this case over the past two years, mostly while working three jobs and being a full-time law student.

It’s about the principle, not the money. Renters are trying to take the steps they need to further their dreams of education, a better career and homeownership. Idaho’s laws shouldn’t stand in our way.