Idaho Code §§ 52-406, 52-414 § 52-406
RIGHT TO POSSESSION OF REAL PROPERTY AND PERSONAL PROPERTY AFTER HEARING ON THE TEMPORARY INJUNCTION — CONDITIONS FOR AVOIDANCE OF TEMPORARY FORFEITURE.
Operative Text
If upon hearing, the allegations of the complaint are sustained by clear and convincing evidence that a moral nuisance exists and is likely to continue in the absence of injunctive relief, the court shall issue a temporary injunction, without additional bond, restraining the defendant and any other person from continuing the nuisance. If at the time the temporary injunction is granted, it further appears that the person owning, in control, or in charge of the nuisance so enjoined had received five (5) days’ notice of the hearing, then the court shall declare a temporary forfeiture of the use of the real property upon which such public nuisance is located and the personal property located therein and shall forthwith issue an order closing such place against its use for any purpose until final decision is rendered on the application for a permanent injunction, unless: (1) the nuisance complained of has been abated by such person, or (2) the owner of such property, as a "good faith" lessor, has taken action to void said lease as is authorized by section 52-414, Idaho Code. Such order shall also continue in effect for such further period the order, authorized in section 52-404, Idaho Code, restraining the removal of personal property or, if not so issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located therein. Such restraining order shall be served and the inventory of such property shall be made and filed as provided for in section 52-404, Idaho Code. Such order shall also require such persons to show cause within thirty (30) days why such closing order should not be made permanent, as provided for in section 52-412, Idaho Code.
Idaho Code Title 52, Chapter 4, § 52-406 establishes what happens after a court hearing on a temporary injunction related to a moral nuisance. If the court finds by clear and convincing evidence that a moral nuisance exists and is likely to continue, it must issue a temporary injunction and, provided the responsible party received five days' notice of the hearing, declare a temporary forfeiture that closes the property to all uses until a permanent injunction is decided. Two exceptions can prevent the temporary forfeiture: the nuisance has already been abated, or a good-faith property owner has moved to void the lease as permitted under § 52-414. The order also requires the affected parties to appear within 30 days to show cause why the closing should not be made permanent under § 52-412.
Plain English — not legal advice.
Under § 52-406, a property owner who receives five days' notice of a hearing and is found to have a moral nuisance on their premises faces a court-ordered temporary closure of both the real property and personal property located there. Operators who act promptly to abate the nuisance before or at the hearing, or who pursue lease termination as a good-faith lessor under § 52-414, may avoid the temporary forfeiture. Compliant property managers generally document abatement efforts thoroughly and understand the show-cause requirement that follows within 30 days under § 52-412.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 52-406 of the Idaho Code can result in a court order temporarily closing a property where a tenant resides if a moral nuisance is found to exist there, which may affect a tenant's access to both the premises and personal property inside. Tenants in properties subject to such an order should be aware that the closing order remains in effect until a final decision on a permanent injunction, and that a show-cause hearing must occur within 30 days as outlined in § 52-412. Those affected by a § 52-406 closure may wish to consult a tenant-rights organization or legal aid service to understand how the forfeiture and restraining provisions apply to their personal property and housing situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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