6-316. 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.
History:
[(6-316) C.C.P. 1881, sec. 811; R.S., R.C., & C.L., sec. 5106; C.S., sec. 7335; I.C.A., sec. 9-316; am. 1974, ch. 308, sec. 10, p. 1803; am. 1977, ch. 45, sec. 1, p. 80; am. 2001, ch. 203, sec. 6, p. 694; am. 2020, ch. 340, sec. 3, p. 997.]