Illegal evictions are too common, and they hurt Idaho families | Opinion

Brianna’s family was illegally evicted 30 minutes before I was assigned as her case manager.

That morning, her landlord arrived unannounced at the front door. The only person home was Brianna’s 14-year-old daughter, who was asleep in bed. Without permission, he entered the home using a programmed keypad. He then woke up Brianna’s daughter and rushed her outside. She had time to get her phone, but was left standing in the driveway, barefoot and confused as she watched him lock her out.

Re-entering, the landlord used personal items from Brianna’s home to barricade the entrances. In the nursery he used toy blocks to jam the window closed.

The landlord demanded that she pay $600 immediately. After payment, he would open the door and give them until 10pm to move out.

Brianna was unable to comply with these demands. She, along with the majority of Americans, was living paycheck to paycheck when she lost her job weeks prior. Without savings, she fell behind on rent. She had reached out to the appropriate agencies like Jesse Tree for help and was in the process of getting assistance.

In addition to being unfeasible, the landlord’s actions and demands were illegal.

Landlords cannot remove a tenant themselves. Tenants can only be legally displaced through the formal eviction process which includes properly serving a notice to pay or quit, a court summons, appearing in court, winning a judgment, and then waiting for the sheriff to enforce a writ of possession if needed.

I called her landlord that morning, and he agreed to change the lock code back. Despite owning multiple properties, he claimed he was unaware that his actions were illegal.

Even after Jesse Tree’s interference, the landlord continued to text Brianna explicit and threatening messages. Fearing for her safety, she moved into the first unit available, incurring a $600 increase in monthly rent.

Landlords ignorant of the law are not the only ones illegally evicting tenants. Rising rents, something Idaho is all too familiar with, create a financial incentive for landlords to get rid of tenants on fixed term leases, raise the rents, and bring in higher income renters who can afford the new rate. For some, it is seen as a sound financial practice to force tenants out.

This raises the question, “How prevalent are illegal evictions?” Housing advocates see them consistently, but landlords often argue that they result from a few bad apples and do not warrant further legislation.

The truth is, no one can really say. Illegal evictions by definition take place outside formal institutions where data can be gathered. Some surveys estimate that for every in-court eviction, there are 2 to 5.5 times as many out-of-court evictions (which include coerced moves and illegal evictions).

This is not a new problem in the United States, and it is one that Idaho must address as rents rise.

In places like Denver and Minneapolis, landlords are required to have a residential rental license, which requires knowledge of code compliance and applicable laws. This is not required in Idaho.

Many cities have also instituted just cause ordinances to further clarify when and how a landlord can evict someone, which is also not present in Idaho.

In addition to needing creative solutions to meet unique local needs, Idaho has the more simple solution of better funding agencies that prevent evictions and homelessness. The Idaho agencies most equipped to intervene and prevent illegal evictions like Jesse Tree and Idaho Legal Aid are facing funding losses to key programs, preventing existing solutions from increasing in scope.

Brianna is currently housed. She and her children are still recovering emotionally and financially.

Declan North is the housing advocacy fellow at Jesse Tree. He graduated from Loyola Marymount University with a degree in philosophy and has been working at tenant advocacy law firms and nonprofits for the past five years.