Idaho § 55-2003 - Definitions

§ 55-2003. Definitions

For purposes of this chapter, unless the provisions or context otherwise requires, the following definitions shall govern:

(1) "Abandoned home" means a home that:

(a) Is located in a community on a lot for which no rent has been paid for the preceding sixty (60) days; and

(b) The landlord reasonably believes under all the circumstances, by absence, words or actions, that the resident has left the home upon the lot with no intention of asserting any further claim to the lot or the home; or

(c) Is unoccupied or uninhabitable because of its total or partial destruction.

(2) "Community" means any real property that is rented or held out for rent to others for the placement of two (2) or more homes for the primary purpose of production of income.

(3) "Department" means the Idaho department of transportation.

(4) "Fees" means financial obligations incidental to a resident’s tenancy including, but not limited to, charges for late payments, pets, the storage of recreational vehicles and the use of community facilities.

(5) "Home" means a mobile home, a manufactured home or, for purposes of this chapter only, a park model recreational vehicle.

(6) "Landlord" means the owner, lessor, sublessor or operator, or any combination thereof, of a community and includes the agents of the landlord.

(7) "Lot" means a specific area or portion of land in a community for rent, designated and designed to accommodate one (1) home and its appurtenances and intended for the exclusive use as a residence by the approved occupants of that home.

(8) "Manager" means the person in charge of operations or in control of a community, whether or not he or she is the owner. "Manager" includes any company chosen by the landlord to administer or supervise the affairs of the community.

(9) "Manufactured home" or "manufactured house" means a structure as defined in subsection (8) of section 39-4105 , Idaho Code.

(10) "Mobile home" means a structure as defined in subsection (9) of section 39-4105 , Idaho Code.

(11) "Other charges" means fees, service charges, utility charges or any other financial obligations specified in the rental agreement, but not including rent.

(12) "Park model recreational vehicle" means a vehicle as defined in section 49-117 , Idaho Code.

(13) "Recreational vehicle" means a vehicular type unit as defined in subsection (2) of section 39-4201 , Idaho Code.

(14) "Rent" means periodic payments to be made in consideration for occupying a lot.

(15) "Rental agreement" means a lease or agreement between the landlord and the resident embodying the terms and conditions concerning the use and occupancy of a lot and includes month to month tenancies that arise out of the expiration of a fixed term rental agreement.

(16) "Resident" means a person lawfully entitled under a rental agreement or lease to occupy a lot in a community to the exclusion of others. "Resident" also means a tenant as that term is defined and used in other applicable state and federal laws.

(17) "Security" or "security deposit" means any refundable money or property given to assure payment or performance under a rental agreement.

(18) "Service charges" means separate charges paid for the use of electrical and gas service improvements that exist at a lot, or for trash removal, sewage and water, or any combination of the foregoing.

(19) "Transient" means a person who rents a lot for a period of less than one (1) month.

(20) "Utility" means a public utility that provides electricity, natural gas, liquefied petroleum gas, cable television, sewer services, garbage collection or water.

[55-2003, added 1980, ch. 177, sec. 1, p. 375; am. 1988, ch. 196, sec. 1, p. 370; am. 2011, ch. 184, sec. 3, p. 523; am. 2017, ch. 134, sec. 10, p. 321.]