Tenant Eviction Dispute Idaho

Summary

The tenant is facing eviction due to late fees that they claim have already been paid by Idaho housing. They have written proof of this payment and discrepancies in the landlords ledgers. The tenant is considering filing a counterclaim for wrongful eviction and has evidence including ledger receipts, email copies, and sound recordings. They also plan to sue for collateral damage, including court costs, security deposit, and late fees from other bills. They have receipts and statements to support these claims. The tenant has taken pictures of the property condition at move-in and move-out, and has a witness to testify to the property condition.

Full Conversation

my landlord is taking me to court to evict me for late fees I don’t actually owe because she had already been paid by Idaho housing and she shouldn’t have even been charging them
Do you have any written proof or documentation showing that Idaho housing has already paid these fees on your behalf?
yes
What is the location of the court where your case is being heard? This will help me provide you with the relevant eviction laws for your area.
twin falls idaho
Do you have a copy of your lease agreement that outlines the terms of late fees?

General Information:
- In Idaho, landlords must provide a *-day notice to quit for nonpayment.
- Twin Falls County Courthouse: * Shoshone St N, Twin Falls, ID *, Phone: (*) *-*.
yes
Great, having a copy of your lease agreement and proof of payment from Idaho housing will be crucial in your case. Have you consulted with a lawyer yet?
Haven’t been able to find one yet
What type of legal assistance are you looking for? A lawyer to represent you in court or just legal advice on how to handle the situation?
legal advice
What is the total amount of late fees your landlord is claiming you owe? This information will help me provide you with the most relevant advice.
the ledger that she sent to me says $* however the one she is presenting to the court says $*
Do you have a copy of both ledgers showing the discrepancy in the amount claimed? This could be crucial evidence in your case.
yes
That's good. Having both ledgers could be crucial in your case. Have you considered filing a counterclaim for wrongful eviction?
yes I’m just trying to figure out how
What evidence do you have to support your counterclaim for wrongful eviction?

General Information:
- In Idaho, you can file a counterclaim in the same court where the eviction case is filed.
- Twin Falls County Courthouse: * Shoshone St N, Twin Falls, ID *, Phone: (*) *-*.
ledger receipts and copies of emails and statements of other tenants she has done wrong also sound recordings of when I tried showing her the documents and she wouldn’t speak to me
Do you have consent from all parties involved to record these conversations as per Idaho's one-party consent law?

General Information:
- Idaho is a one-party consent state, meaning at least one person in the conversation must consent to being recorded.
I didn’t have her permission to record but I am in the recording if that counts
In Idaho, as long as you are a part of the conversation, you can legally record it without the other party's consent.
okay then yes there is consent
That's good. Remember, these recordings can be used as evidence in your case. Do you need help finding a lawyer in Twin Falls, Idaho?
no
What's your next step in this legal process?
I want to sue her back for collateral damage due to her negligence
What kind of collateral damage are you referring to and do you have any evidence to support this claim?
Court costs for the eviction plus my security deposit since the house is in perfect condition and other late fees I incurred from my other bills which I couldn’t pay because I gave her thousands of dollars trying to not be evicted
What evidence do you have to support these collateral damage claims?
reciepts from what I payed her plus statements from other bills that got behind during this time
What is the total amount of collateral damage you're claiming? Remember, in Idaho, you can sue for up to $*,* in Small Claims Court.
*,*
Do you have receipts or any other proof to show that you paid her the amount you're claiming as collateral damage?
yes
What is the total amount you paid to your landlord and do you have receipts for all those payments?
*,* and yes
What is the total amount you're claiming for the late fees from your other bills?
the $*,* is for court fees and the $* is for late fees
Do you have documentation showing these court fees and late fees from your other bills?
yes
What is the total amount you're claiming for the security deposit?
$* subtracting and reasonable deductions she can add
What evidence do you have to show that the house is in perfect condition and thus, the security deposit should be returned?
inspection pictures from when I moved in and pictures from moving out
What is the condition of the property in the pictures you took when moving out compared to when you moved in?
exactly the same only cleaner
Do you have any written communication with your landlord about these issues?
no
Do you have any witnesses who can testify to the condition of the property when you moved out?
yes
What is the name and contact information of your witness? This could be crucial in supporting your claim about the condition of the property.