Idaho Land Law

A Blog Discussing Current Issues of Land Use, Real Estate, and Construction Law in the State of Idaho.

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Landlords Beware - Recent Ruling Clarifies Tenants' Ability to Sue for Long-Standing Uninhabitable Conditions

Depositphotos © vicnt2815

Depositphotos © vicnt2815

The scenario: (1) Idaho tenant rents a house with alleged uninhabitable conditions but continues to live in the house for years; (2) tenant sends a letter to landlord demanding that landlord correct the uninhabitable conditions within three days or tenant will sue; (3) landlord refuses; and (4) tenant sues…  What happens? 

The answer may surprise you but the Idaho Court of Appeals in William D. Rekow v. Ronald Weekes held that the tenant can pursue damages from the date the tenant first rented the home with uninhabitable conditions and is not limited to damages from the date landlord received the notice to cure. 

Idaho, like many other states, recognizes what is commonly referred to as the “implied warranty of habitability.”  The “implied warranty of habitability” is the concept that a residential property will be “habitable” for the tenant even if the lease does not specifically require the landlord to make repairs.  Idaho has enacted a statutory version of the “implied warranty of habitability” under I.C. § 6-320

In order for an Idaho tenant to sue under I.C. § 6-320, the tenant first must provide notice to the landlord and allow the landlord three days to cure the breach or failure.  Specifically, it requires that the tenant give written notice “listing each failure or breach upon which his action will be premised and written demand requiring performance or cure.” For each failure or breach listed in the notice that has not been cured by the landlord within three days after the notice was given, the tenant may pursue a claim for under I.C. § 6-320.

The question for the Idaho Court of Appeals was whether or not the tenant’s damages began to accrue after the three day notice letter or whether damages accrued from the date the uninhabitable condition occurred (in this case nearly fifty-five months worth of damages).  The Court of Appeals answered this question by stating that the “damages begin when the implied contractual provision is breached.” 

This ruling provides some exposure to landlords that do not correct defective conditions within the three day cure period provided by the statute.  With this ruling the landlord could be liable for treble damages due to conditions that existed for years on the property.  Given this exposure, the prudent thing for a landlord to do is to correct such deficiencies within the three day cure period and remove the ability for a tenant to proceed with a lawsuit under I.C. § 6-320.

Zombie E-mails are Threatening Your Business

Okay, it is getting close to Halloween and I couldn't resist talking about those things that really scare me.  As a business owner they should scare you too.  Of course, I am talking about your e-mails...

Zombie

E-mails never die. They lurk in the hidden recesses of not only your computer, but also the computer of everyone that received your message. They must be disclosed in a lawsuit, and if you are up against a reasonably competent attorney—trust me, they will be discovered. That joke you sent to a colleague about jobsite conditions? Well, it just bought you three hours in a deposition explaining what your “joke” really meant. 

You don’t know it yet, but there are e-mails stored on your computers that can be taken completely out of context in litigation. Frightened? You should be.

Zombie e-mails are out to destroy your business and you should be prepared with a company e-mail policy. 

There are four rules to consider when developing an e-mail policy for your company:

Rule #1: What did we do before we had e-mail?

We used to make telephone calls when we had issues with our business. If it was really important, we would schedule a meeting to discuss it in person. E-mail is great for handling day-to-day activities, but when sensitive issues arise, my suggestion is to use the telephone or schedule a meeting.  This ensures that a message is not misconstrued, and will be time well spent if you are ever faced with litigation.

Rule #2: Beware of ‘Reply All’

There is an interesting story about an advertising executive who hit “reply all” and sent an e-mail to his entire firm. His message was intended for one person, but instead went to the firm’s entire distribution list, bad-mouthing most of its recipients. Did he get fired?  Shockingly…no.  Instead, he repackaged his mistake into a popular Super Bowl Commercial.  But don't get too excited: this probably will not happen to you.  More than likely, the Reply All button will spell disaster for your particular case.  Always consider the contents of the message and the recipients before you hit Reply All. 

Rule # 3: Cocktail Rule

Happy Hour may be a great way to maintain relationships with your colleagues and clients.  But what tastes and sounds good at 5:00 p.m. won’t read so well in an e-mail sent at Midnight.  Sending an angry e-mail late at night will not solve your problems. So hold that thought and wait until morning.  Nothing good comes out of messages sent by anyone in an upset or angry state of mind, and any such messages will be read by opposing counsel or presented as evidence to a jury.  My advice is to just sleep on it and deal with it in the morning.

Rule #4: Local Paper Rule

“Extra! Extra! Read all about it!” As a society we rely on the media for business news, but it’s a different story when you pick up the Sunday paper and discover your project is front page news.  Anything you communicate in writing to your employees faces the risk of release to an outside source that could use that information to potentially harm your business’ image. The solution? Don’t put anything in an e-mail that you wouldn’t want sent to local journalists or shared with a jury.

Implementing these rules within your company could go a long way in protecting your business from Zombie e-mails and other threats to your bottom line.  My advice is to develop an e-mail policy and make sure it is followed. Otherwise, you may find yourself in a truly frightening situation.


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