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Committee approves printing of RS31962 to reorganize landlord-tenant code; removes archaic coverture language

2717467 · January 29, 2025
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Summary

Senator Sally Rabe asked the Senate committee to print RS31962, a reorganization of Idaho’s landlord-tenant statutes that removes a remaining reference to coverture and reorders provisions for clarity; the committee voted to print the RS for a merits hearing.

Senator Sally Rabe asked the Senate Judiciary and Rules Committee to print RS31962, a bill that reorganizes Idaho’s landlord-tenant statutes without making substantive changes to tenant or landlord rights except for the removal of a single archaic reference to “coverture.” The committee voted to print the RS for a future merits hearing.

Rabe told senators the existing landlord-tenant laws are split across two different titles and chapters and that recent amendments to the code have left related provisions scattered. “All it does is reorganize the landlord tenant code,” she said, explaining the reorganization moves frequently used provisions—lease termination, rent increases and notice requirements—higher in the chapter, groups lifetime leases into one section and isolates local-government limitations in a single subsection.

Rabe said the only substantive change in the draft is removal of a centuries-old reference to coverture, a legal doctrine that historically treated married women’s legal identities as subsumed into their husbands’. “We noticed that probably no one else had read these sections in a few decades,” she said, and added that she and the legislative staff confirmed it was the last remaining reference in the code.

Committee members asked whether any substantive content had changed in moving sections; Rabe and sponsors confirmed the reorganization did not alter the law’s substance. Senator Wintrow moved to send RS31962 to print and Senator Ricks seconded. The motion carried by voice vote with no recorded opposition.

Ending: The bill was printed for a merits hearing where the reorganized text and the coverture removal will be discussed publicly.