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The Idaho eviction notice is a letter the landlord issues to the tenant to notify them that they will terminate the lease and to inform them of the deadline by which the tenant must vacate the leased property.
Optionally, for some minor violations, the landlord can give the tenant the option to remedy the violation and stop the eviction.
If the tenant doesn’t leave the property or remedy the violation, the landlord will submit the complaint to the local county court and start the eviction procedure before the court.
Types of Eviction Notices in Idaho
Depending on the type of lease and reasons for the eviction, the landlord can use one of the following eviction notice types.
Notice to Pay Rent or Quit
The landlord can use this form to start the eviction process when the tenant fails to pay the rent. According to Idaho landlord-tenant law, they must give them at least a 3-day notice to vacate the property.
Notice for the Non-Compliance
The landlord can send the eviction notice to the tenant who violated the lease agreement or the Idaho landlord-tenant law. If the violation is curable, the landlord can give the tenant a 3-day notice to remedy the violation or leave the property. Otherwise, the landlord will just issue a 3-day notice to vacate.
Notice for ending the Month-to-Month lease
This form is used when the landlord wants to terminate the month-to-month tenancy or the tenancy at will. The landlord doesn’t need to have a specific reason for the eviction since the lease term is not set. However, in Idaho, the landlord must give at least a 30-day notice to the tenant to leave the property.
Eviction Laws and Requirements in Idaho
Laws & Requirements
Grace period for the rent payment. Not defined in the Idaho statute.
Notice for the rent non-payment. 3 days. (§ 6-303(2))
Notice for non-compliance. 3 days. (§ 6-303(3))
Notice for illegal activity. No advanced notice required (§ 6-303(5))
Termination of periodic lease (month-to-month). 1 month. (§ 55-208(1))
Eviction procedure. Forcible entry and unlawful detainer. (§ 6-301 – § 6-324)
When is Rent Late in Idaho?
In Idaho, the rent is considered late as soon as the due date is over. For instance, if the parties determined the first day of each month to be the rent payment due date, the rent would be considered late on the second day of the month.
As soon as the tenant is late with the rent payment, the landlord can use the eviction notice to pay or quit and send it to the tenant. The tenant must be given at least 3 days to vacate the property voluntarily before initiating the eviction process before the court.
Grounds for Eviction in Idaho
The landlord can start the eviction process in Idaho for the following reasons:
Grounds for Eviction
If the tenant is late with the rent payment
In case the tenant makes a violation of the lease rules
If the tenant engages in unlawful delivery, production, or use of a controlled substance on the premises
When they want to terminate the periodic lease (e.g., month-to-month, week-to-week, etc.)
Eviction Process in Idaho
The eviction process in Idaho differs depending on the reasons for the eviction and the willingness of the tenant to contest the eviction. Below are the main steps of every eviction process in Idaho.
#1. Write a Notice
The landlord should first inform the tenant of their intention to terminate the lease agreement. They should also give them the deadline to leave the property and, optionally, give them a way to remedy the violation and stop the eviction process.
The landlord should also make sure to provide proof that the tenant received the eviction notice in case they want to file a complaint with the court.
#2. File the Complaint
If the tenant doesn’t comply with the landlord’s request in the eviction notice, the landlord can proceed and file the complaint with the local Idaho court according to the location of the property. The landlord should also attach the summons, provide proof of delivering the eviction notice to the tenant, and pay the $166 fee.
#3. Serve the Tenant
The court will then serve the summons and all the relevant documents to the tenant and inform them of the eviction process against them. The tenant will then have the chance to submit an answer to the court and present their arguments against the landlord’s claims no later than 5 days after receiving the complaint.
#4. Court Holds a Hearing and Issues the Judgment
If the tenant fails to appear at the court hearing, the court will issue a default judgment in the landlord's favor. Otherwise, the court will hold the hearing and make a decision in the landlord's or tenant’s favor.
#5 Court Issues the Writ of Restitution
The court will issue the Writ of Restitution immediately after the judgment, except in cases of rent non-payment, where it is issued five days after the judgment. The Writ of Restitution serves as the final notice to the tenant to vacate the property before the sheriff’s office forcefully evicts them.
Other Eviction-Related Forms in Idaho
Other Eviction-Related Forms
General Civil Case Information Sheet. The landlord submits this form together with the complaint and summons. It contains basic information about the parties.
Complaint for Eviction. If the tenant fails to leave the property after the eviction notice, the landlord submits this document to start the eviction procedure before the court. It contains information about the reasons for eviction and the landlord’s claims.
Summons for Eviction. The landlord fills out this document and files it with the county court’s office. The court then forwards it to the tenant to inform them about the legal proceedings against them.
Answer to Complaint for Eviction. The tenant uses this document to respond to the landlord's claims before the court hearing is held.
Eviction Information for Landlords in Idaho
The landlord should refrain from any self-help methods of evicting the tenant, such as:
Eviction Information for Landlords
Changing the locks at the property and locking the tenant out
Throwing out the tenant’s belongings outside the property
Cutting off the essential utilities at the property, such as electricity, water, and gas
Forcefully removing the tenant from the property in some other way other than the one provided by the Idaho landlord-tenant law
If the landlord is found liable for the illegal eviction, they will be obliged to pay up to three times the damages caused to the tenant.
Eviction Information for Tenants in Idaho
The tenants in Idaho can use the brochure on Landlord and Tenant’s Legal Rights and Responsibilities to inform themselves about their rights.
If the tenant receives the eviction notice, they should look for the reasons for the eviction and see if the landlord gave them the option to remedy the violation and stop the eviction. However, if the procedure moves to court, the tenant can answer the court in writing before the hearing and attend the hearing to present their arguments and fight the eviction.
How to Write an Eviction Notice in Idaho
Idaho Eviction Notice Checklist
Idaho Eviction Notice FAQ
The landlord in Idaho can use the eviction notice to start the eviction process and give the tenant the option to voluntarily vacate the property. The landlord can send an eviction notice if the tenant fails to pay the rent, violates the lease agreement, or wants to terminate the month-to-month tenancy.
The landlord must issue the eviction notice to the tenant before initiating the procedure before the court. If the landlord does not fulfill all the preliminary procedures before filing a complaint with the court, the court will dismiss the landlord’s complaint.
The eviction process in Idaho can last anywhere between 1 and 8 weeks. The duration of the eviction depends on multiple factors, namely:
Type of the lease
Reasons for the eviction
Activities of the tenant and their willingness to contest the eviction
Depending on the reasons for the eviction, a 3-day eviction can be legal. If the landlord issues an eviction notice for rent non-payment and tenancy violations, a 3-day notice is legal. However, to end the month-to-month tenancy, the landlord must notify the tenant at least 30 days in advance.
