Idaho Code
Idaho Code

Idaho Code § 6-317 (2026)

Treble damages. 

✓ current as of May 2026
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Treble damages. 

If a landlord or a tenant recovers damages for a forcible or unlawful entry in or upon, or detention of, any building or other tract of land, or for an action brought pursuant to section 6-320, Idaho Code, or for an action brought against a tenant or in bad faith pursuant to section 6-310(3), Idaho Code, judgment may be entered for three (3) times the amount at which the actual damages are assessed.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1949–2025 · leading case: Florer v. Walizada, 489 P.3d 843 (Idaho 2021).
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Florer v. Walizada, 489 P.3d 843 (Idaho 2021). · cites it 4× “Yet Florer’s notice did not demand performance or cure because the stove had already been installed.”
Action Collection Serv., Inc. v. Haught, 193 P.3d 460 (Idaho Ct. App. 2008). · cites it 4× “§ 6-321 and seeking treble damages pursuant to I.C. § 6-317. 1 Haught and Clegg subsequently moved to join Chapman as a plaintiff in the suit brought by Action pursuant to Idaho Rule of Civil Procedure 19.”
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.C. § 6-317 states that they may be awarded.”
Pearson v. Harper, 392 P.2d 687 (Idaho 1964). · cites it 3× “§ 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 6-317 it may be three times the damages…”
Fleming v. Hathaway, 686 P.2d 837 (Idaho Ct. App. 1984). · cites it 2× “Had she also claimed damages, then I.C. § 6-317 might have allowed recovery — in the discretion of the trial court — of a judgment equal to three times the amount of any actual damages assessed.”
William Rekow v. Ronald Weekes, 353 P.3d 1102 (Idaho Ct. App. 2015). · cites it 4× “2 Approximately a month later, Re *870 kow filed a pro se, verified complaint that alleged violations of the implied warranty of habitability, citing Idaho Code §§ 6-317 and 6-320. The complaint sought damages “for fifty-five (55) months of tenancy under the defective…”
Knight v. Fox Caldwell Theatres Corp., 212 P.2d 1027 (Idaho 1949). · cites it 4× “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, and the judgment shall be rendered against the defendant guilty of the forcible entry, or forcible…”
Kenney v. Reid, No. 51457 (Idaho Ct. App. Apr. 3, 2025). · cites it 4× “Reid argues the district court further erred in awarding attorney fees and costs to the Kenneys because the fees and costs were the result of the Kenneys unreasonably refusing settlement and pursuing trial on damage claims to which they were 1 The Kenneys were awarded treble…”
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