Idaho Code

Idaho Code § 6-316 (2026)

Judgment — Restitution.

✓ current as of May 2026

Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Judgment — Restitution.

(1) If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceeding be for an unlawful detainer after neglect or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the payment of rent or based upon a finding that a landlord had reasonable grounds to believe that a person is, or has been, engaged in the unlawful distribution, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, the judgment shall also declare the forfeiture of such lease or agreement. The jury, or the court, if the proceeding be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent or, after default, based upon a finding that a landlord had reasonable grounds to believe that a person is, or has been, engaged in the unlawful distribution, production, or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, and the judgment shall be rendered against the defendant guilty of the forcible entry, or forcible or unlawful detainer, for the amount of the damages thus assessed, and of the rent found due. When the proceeding is for an unlawful detainer after default in payment of rent where the tract of land is larger than five (5) acres, and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration of five (5) days after the entry of the judgment, within which time the tenant, or any subtenant, or any mortgagee of the term, or other party interested in its continuance, may pay into court, for the landlord, the amount found due as rent, with interest thereon, and the amount of the damages found by the jury or the court for the unlawful detainer, and the costs of the proceeding, and thereupon the judgment shall be satisfied and the tenant be restored to his estate; but if payment as here provided be not made within the five (5) days, the judgment may be enforced for its full amount, and for the possession of the premises. In all other cases the judgment may be enforced immediately.

(2) If, upon the trial, the verdict of the jury or, if the case is tried without a jury, the finding of the court is in favor of the landlord and for the possession of the premises, a residential tenant shall have seventy-two (72) hours to remove his belongings from the premises, and a commercial tenant or a tenant with a tract of land five (5) acres or more shall have seven (7) days to remove his belongings from the premises; provided however, that upon a finding of good cause shown, a court may grant a commercial tenant longer than seven (7) days to remove his belongings. The landlord or his agents may deliver a writ of restitution or provide the sheriff with a copy of the writ of restitution and request that the sheriff deliver the writ. If requested by the landlord or his agents, the sheriff shall deliver a writ of restitution in a form as provided in section 6-311C, Idaho Code. After the time required for a tenant to remove his belongings under this subsection and three (3) days after the finding of the court, the sheriff shall restore possession of the premises to the plaintiff by causing immediate removal of the tenant, and the landlord or his agents may, subject to any security interests under chapter 9, title 28, Idaho Code, remove and dispose of all remaining property of the tenant, including any motor vehicle that may be removed pursuant to section 49-1806, Idaho Code, that remains on or about the premises without any further compensation or consideration to the tenant. Upon a finding of good cause shown, the court may award to the landlord reasonable costs and expenses not otherwise provided for in this chapter for the removal of property pursuant to this subsection and for restoration of the premises.

Notes of Decisions

Cited in 19 cases (6 in the last 5 years), 1949–2026 · leading case: Riverside Dev. Co. v. Ritchie, 650 P.2d 657 (Idaho 1982).

Sort: Relevance Newest Treatment

Riverside Dev. Co. v. Ritchie, 650 P.2d 657 (Idaho 1982). · cites it 4× “However, even absent a contractual forfeiture remedy, such remedy is still available in an unlawful detainer action, I.C. § 6-316. Consequently, it was recognized in Schlegel that absent a clear contractual right to declare forfeiture, "a landlord may not, without the express…”

Pugh v. Holmes, 405 A.2d 897 (Pa. 1979). “2d 470 (1969); Idaho — Idaho Code § 6-316 (H.B. No. 34, 1977); Illinois — Jack Spring Inc.”

Pearson v. Harper, 392 P.2d 687 (Idaho 1964). · cites it 5× “§ 6-303 defining unlawful detainer, I.C. § 6-316 and § 6-317 authorizing treble damages in unlawful detainer actions, and for forcible or unlawful entry, stated: “It is noted that section 6-316 provides that the judgment shall be three times the damages assessed, and by section…”

Goff v. H.J.H. Co., 521 P.2d 661 (Idaho 1974). · cites it 2× “Idaho Code § 6-316 states that treble damages shall be awarded and I.”

Brooks v. Coppedge, 228 P.2d 248 (Idaho 1951). · cites it 4× “Under Section 6-316 I.C., where breach of a lease is because of failure to pay rent, the landlord is entitled to three things: restitution of the premises, rent then due and unpaid, and any damages alleged and proven, in addition to the rent found due, both of which may be…”

Marshall Todman v. The Mayor & City Council of Baltimore, 104 F.4th 479 (4th Cir. 2024). “, Idaho Code § 6-316 (2) (3 days); Maine Rev.”

Olson v. Bedke, 555 P.2d 156 (Idaho 1976). · cites it 2× “While it has generally been stated that in the absence of a clause in the lease providing that failure to perform lease covenants shall work a forfeiture, the lessee has no right to terminate the lease, 3A Thompson of Real Property, § 1325 pp.”

Sankey v. Ivey, 535 P.3d 198 (Idaho 2023). · cites it 4× “I.C. § 6-316(1) (emphasis added). Our caselaw is clear that statutes that are “in pari materia” should be taken together and construed as one system: The rule that statutes in pari materia are to be construed together means that each legislative act is to be interpreted with…”

Univ. Cmty. Props. v. New Riverside Cafe, 268 N.W.2d 573 (Minn. 1978). · cites it 2× “Code §§ 1174, 1179 (West 1972), and Idaho Code § 6-316 (Cum.Supp.1977), as similar examples, limit redemption to tenancies under a lease which “has not by its terms expired.”

Texaco, Inc. v. Johnson, 539 P.2d 288 (Idaho 1975). · cites it 5× “Therefore it is Texaco’s position that its expenditures in this endeavor were the natural and proximate result of Johnson’s unlawful detainer, and in accordance with I.C. § 6-316 8 were a proper measure of damages.”

Enders v. Wesley W. Hubbard & Sons, Inc., 513 P.2d 992 (Idaho 1973). “The record is clear that as of the time of trial in September, 1971, the lessee had continued the same pasturing arrangement with Rigby & Cochran and therefore had not cured the breach of the provision in the lease against subleasing.”

Knight v. Fox Caldwell Theatres Corp., 212 P.2d 1027 (Idaho 1949). · cites it 4× “* * *” Section 6-316, I.C. “If a person recover damages for a forcible or unlawful entry in or upon, or detention of, any building or any cultivated real property, judgment may be entered for three times the amount at which the actual damages are assessed.”

Show all 19 citing cases →

— Idaho Code § 6-316(1) — 2 cases

Sankey v. Ivey, 535 P.3d 198 (Idaho 2023). “I.C. § 6-316(1) (emphasis added). Our caselaw is clear that statutes that are “in pari materia” should be taken together and construed as one system: The rule that statutes in pari materia are to be construed together means that each legislative act is to be interpreted with…”

Sankey v. Ivey (Idaho 2023).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.