[ID] How can a tenant avoid eviction and recover unpaid rent from a co-tenant after leaving due to unsafe conditions?

ID Landlord-Tenant

Charlie

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Based on what you’ve described, you’re dealing with:

A co-tenant who stopped paying rent and never paid their share of the security deposit
An unauthorized occupant creating unsafe conditions
Safety concerns that forced you to leave the property

Eviction Concerns:

Since you’ve already moved out, you generally wouldn’t be responsible for eviction if you documented the unsafe environment and notified the landlord. However, the lease may still technically bind you until it ends, so written notice explaining your departure is important.

Document Everything:

Keep all written notices, police reports, photos, and communications.

Recovering Money Owed:

You may file a small claims case in Idaho against the co-tenant for unpaid rent, the unpaid security deposit, and related damages. (ID Code § 5-224)

Landlord Communication:

Continue communicating in writing so they understand you are not the at-fault party.

Next Steps:

Send formal written notice of your move-out due to safety
Gather documentation
File small claims if necessary

Summary:

You acted reasonably under unsafe conditions. You may avoid eviction responsibility and pursue reimbursement through small claims court.

Small Claims Demand Letter

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Full Conversation

I’m having issues with my current tenant. It’s an abusive environment. He’s withholding rent, the security deposit wasn’t paid to me, and I’ve been covering his portion of rent for months. It’s to the point that I asked the landlord to evict us even though I have a perfect record.
Is there any way to avoid eviction on my end? Do I have grounds to take this person to claims if the landlord was paid and he just owes me?

Lexi, Chatbot

I’m sorry to hear about the difficult situation you’re facing. Have you already communicated with your landlord about the issues you’re experiencing with the tenant?

Yes. Notices have been sent, police have been called, and he is still delinquent.

Lexi, Chatbot

How long has this situation been ongoing, and have you documented any communications or incidents related to the tenant’s behavior?

I’ve been documenting behavior for weeks. He’s been late to rent several times in the last 11 months of living here, but has maliciously not paid the last 2 months.

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you?

He’s moved in a third resident into our home without anyone’s consent—hence why the police were called. The landlord has sent a notice to inspect the home for proof of another resident, with the plan to evict when he finds it.

Charlie

Hello, my name is Charlie, and I am a licensed attorney. I’m sorry you’re dealing with this, but I’ll be happy to assist. Please allow me a moment to review your question.

Charlie

I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and help you find the right solution.

Thank you very much.

Charlie

Which state is the rental located in?

Idaho.

Charlie

Do you have a lease with the landlord?

We’re leasing through a property management business that the owner uses, if that makes sense.

Charlie

Yes, property managers are common. Is there a lease?

Yes.

Charlie

How much time is left on the lease?

We were supposed to move out in April.

Charlie

Was it just you and one other person on the lease?

Yes.

Charlie

And now the other person has stopped contributing to the rent?

Correct. He only paid half this month. I’ve given him notices—verbally and in writing—and sent them to the landlord. He keeps saying it’s coming, but it’s not.
He never paid his portion of the security deposit either.

Charlie

Are you planning to move out?

I actually did last night. When the new tenant arrived without my consent—and my current roommate removed all of my personal belongings to make room for this third person—I didn’t feel safe. The police advised me to leave.

Charlie

Based on what you’ve described, you’re dealing with:

A co-tenant who stopped paying rent and never paid their share of the security deposit
An unauthorized occupant creating unsafe conditions
Safety concerns that forced you to leave the property

Eviction Concerns:

Document Everything:

Keep all written notices, police reports, photos, and communications.

Recovering Money Owed:

You may file a small claims case in Idaho against the co-tenant for unpaid rent, the unpaid security deposit, and related damages. (ID Code § 5-224)

Landlord Communication:

Continue communicating in writing so they understand you are not the at-fault party.

Next Steps:

Send formal written notice of your move-out due to safety
Gather documentation
File small claims if necessary

Summary:

You acted reasonably under unsafe conditions. You may avoid eviction responsibility and pursue reimbursement through small claims court.

This was great, thank you so much. I’m not sure if I’ll be able to avoid an eviction on my record with this company. Is there a way to remove that from your record?

Charlie

You would need to file for an expungement if an eviction is entered against you.

Awesome, ok. Thank you so much for the help—I really appreciate it!

Charlie

You’re welcome. Is there anything else I can help you with today?

No, I think that was it. Have a wonderful day.

Charlie

You too! I wish you the best.

Thank you!

Charlie

You’re welcome!

Charlie

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