Any of the following are examples of “present danger to the health or safety of other tenants” which include but not limited to:
- Illegal use, possession, or threat of a firearm (The mere possession or storage of a firearm by a tenant in the dwelling unit does not constitute a clear and present danger).
- Physically assaulting another person.
- Possession of an illegally controlled substance.
A tenant shall not be forced into eviction if the activities which caused clear and present danger were conducted by another person other than the tenant on the property and the tenant seeks the following:
- A protective order or similar suit.
- The tenant reports the harmful activities to law enforcement.
- The tenant writes a letter to the person conducting these harmful activities telling them not to return to the premise and to cease and desist while also sending a copy of that letter to law enforcement.
Laws – I.C.A. § 562A.27A