Legal Question in Landlord & Tenant Law in Idaho

Mail Service

I've got a friend who is living in an apartment complex. Around Christmas time he was informed by letter from USPS that mail service would be discontinued at the complex due to the dilapated mailboxes (they said they were dangerous to the mail carriers) and would not continue until management fixed them. It's going on 7 months now and nothing has been done to remedy this problem. I just heard a rumour that in two weeks that if the boxes aren't fixed, USPS is going to mark every incoming letter as ''Undeliverable ... return to sender''. We have talked to management (I used to live there and are in pretty good terms with management) and he told us that the new boxes were somewhere in a southern state, possible Georgia, and were in transit. This was back in February or March. It's now June and no sign of them at all. Is there anything that can be done about this (outside of moving)? Thanks.


Asked on 6/14/03, 8:13 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Mail Service

send the manager a 3 day notice to fix the problem under Idaho Code section 6-320. If the landlord doesn't fix it within 3 days of the service of the notice upon him, you can sue him for his failure to do so. his failure also entitles you to damages at trial which trial must be held within 12 days of the service of the Summons and Complaint so long as you ask only for specific performance in your complaint. If you also ask for damages in the same complaint, the speedy trial section doesn't apply. Sue for damages at the same time but in a separate suit.

I give a free 1/2 hour consultation in my office if you call me at 208-345-3817 for an appoinment which is wise. I can't answer every question which you ask or should ask in this written format

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Answered on 6/16/03, 10:59 am


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