Idaho Code

Idaho Code § 5-211 (2026)

Possession of tenant — Presumptions.

✓ current as of May 2026

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Possession of tenant — Presumptions.

When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of twenty (20) years from the termination of the tenancy, or, where there has been no written lease, until the expiration of twenty (20) years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after the periods herein limited.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1950–2023 · leading case: Merrill v. Gibson, 87 P.3d 949 (Idaho 2004).

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Merrill v. Gibson, 87 P.3d 949 (Idaho 2004). · cites it 6× “can be maintained, unless it appears that the plaintiff.”

Heiss v. Conti, 224 P.3d 499 (Idaho 2009). · cites it 2× “If a testamentary guardian proves to be unsatisfactory, removal proceedings as provided in Section 5-211 may be used if the objection device of Section 5-203 is unavailable.”

In Re Doe, 224 P.3d 499 (Idaho 2009). · cites it 2× “If a testamentary guardian proves to be unsatisfactory, removal proceedings as provided in Section 5-211 may be used if the objection device of Section 5-203 is unavailable.”

Smith Ex Rel. Smith v. Angell, 830 P.2d 1163 (Idaho 1992). · cites it 4× “Surviving statutory presumptions appear to be found in I.C. § 5-211 and I.C. § 7-1119. Today our concern is with presumptions as they had heretofore existed, and as with Justice Boyle, my concern is the majority's unexplained goal of striking down the presumptions which were…”

Cusic v. Givens, 215 P.2d 297 (Idaho 1950). · cites it 2× “Morgan, plaintiffs’ predecessor, who that year farmed the defendants’ land as a tenant of Mr.”

Capps v. Wood, 718 P.2d 1216 (Idaho 1986). · cites it 2× “I.C. § 5-211 provides that possession by a tenant is presumed to be possession by the landlord.”

Lucky Five Mining Co. v. Cent. Idaho Placer Gold Mining Co., 235 P.2d 319 (Idaho 1951). “Apparently this Triangle property was acquired by Noon for the benefit of himself and the other defendants, Higgins and H.”

Easterling v. Hal Pac. Props., L.P. (Idaho 2021). · cites it 2× “§§ 5-207 and 5-210), holdover possession by a tenant (I.C. § 5-211), and the recovery of property by persons under a disability (I.”

Easterling v. Hal Pac. Props., L.P. (Idaho 2023). · cites it 2× “§§ 5-207 and 5-210), holdover possession by a tenant (I.C. § 5-211), and the recovery of property by persons under a disability (I.”

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