Idaho Code
Idaho Code § 6-301 (2026)
Forcible entry defined.
✓ current as of May 2026
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Forcible entry defined.
Every person is guilty of a forcible entry who either:
1. By breaking open doors, windows or other parts of a house, or by any kind of violence or circumstances of terror, enters upon or into any real property; or,
2. Who, after entering peaceably upon real property, turns out, by force, threats or menacing conduct, the party in possession.
Notes of Decisions
Cited in 5
cases, 1974–2005 · leading case: Rayl v. Shull Enter., Inc., 700 P.2d 567 (Idaho 1985).
Rayl v. Shull Enter., Inc., 700 P.2d 567 (Idaho 1985). “*569 On September 25, 1981, by consent of both of the parties, Shull filed an amended counterclaim, realleging the unlawful detainer (which by this time had already been decided by the court) and asking for reasonable rental value as damages and, in addition, seeking treble…”
Rowe v. Burrup, 518 P.2d 1386 (Idaho 1974). “Rowe asserts that the district court erred in dismissing that portion of his complaint relating to forcible entry, I.C. § 6-301. On the facts and circumstances of this court as heretofore set forth, the trial court committed no error therein.”
Wright v. Brady, 889 P.2d 105 (Idaho Ct. App. 1995). “Both parties filed complaints in the magistrate division, the Wrights for unlawful detainer pursuant to I.C. § 6-301 through § 6-316, and the Bradys for an order requiring specific performance of the repairs pursuant to I.”
State v. Myers, 942 P.2d 564 (Idaho Ct. App. 1997). “The record before this Court shows that the writ of possession was issued by another magistrate in an unlawful detainer action brought against Myers by his landlord pursuant to I.C. §§ 6-301 through 6-324, to regain possession of the rented mobile home and lot.”
Connolly v. Powell, 118 P.3d 1232 (Idaho Ct. App. 2005). “1995) (holding that retaliatory eviction is an affirmative defense to an unlawful detainer action brought pursuant to I.C. § 6-301, et seq.). Here, Powell presented evidence and argument that Connolly was seeking his eviction because of Powell’s complaints to Connolly about…”
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