If you are a landlord, an eviction notice is an essential legal instrument you need to prepare with care. Customize your own Idaho eviction notice with our step-by-step template designer.
Last Update October 27th, 2021
Idaho Eviction Notice Types
To evict a tenant successfully in Idaho you must present them with the appropriate eviction notice for the circumstances. This allows you to conform with the laws in Idaho by providing a legally valid reason for the eviction and the correct amount of notice necessary under ID statutes.
Choosing the right kind of eviction notice is key to removing a tenant quickly. If you don’t follow the legally mandated rules, you may have the eviction overturned or delayed by the local courts.
As seen below, there are a few different options in Idaho when completing an eviction.
3-Day Notice to Quit (Non-Payment)
This type of ID eviction notice gives tenants 3 days to pay the rent or leave the property if they fail to pay within the contractually agreed time. If the tenant still doesn’t pay or vacate after the notice period ends, the landlord can take them to court.
3-Day Notice to Quit (Non-Compliance)
If a tenant fails to comply with the terms of the lease, aside from not paying rent, landlords may issue them with a 3-Day Notice to Quit. This gives them 72 hours to correct the issue or leave the property.
Assuming the tenant corrects the violation, the notice will be rendered invalid. A new eviction warning will need to be issued if other breaches of the contract occur.
However, it’s also possible to issue an unconditional 3-Day Notice that doesn’t give the tenant a chance to correct the violation. This only normally happens when more severe transgressions take place.
30-Day Notice to Quit (Month-to-Month)
When a landlord wants to end a tenancy that is paid for on a flexible monthly basis, they must provide 30 days’ notice of their intention to terminate the agreement. This is an unconditional order with no right to cure.
Idaho Eviction Laws
You can only evict someone in Idaho if they’ve committed a legally valid breach of the lease under ID statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.
To evict someone in Idaho means conforming with the following legal requirements:
Nonpayment of rent: 3 days’ notice § 6-303(2)
Lease violation: 3 days’ notice § 6-303(3)
Lease termination: 30 days’ notice § 55-208
The notice must also be served to the tenant in compliance with the property laws in Idaho. It should be presented to them as a written notice or letter, detailing the information on why and when the lease is ending.
Idaho Eviction Process
There are a number of crucial steps to follow when evicting a tenant in Idaho. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in Idaho with an eviction notice, you’ll need to do the following:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for a Forcible Entry and Unlawful Detainer Civil Case (§ 6-301 through § 6-324) with their local Magistrate Court if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a Writ of Restitution of Premises. This will be issued 5 days after the judgment in your favor.
When the Writ of Restitution of Premises has been granted, the document can be given to your local law enforcement agent, who will remove the tenant and their property from your real estate.
FAQs About Idaho Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Idaho’s eviction notices in our FAQs below and learn how to use these forms effectively.
How Long Does It Take to Evict a Tenant in Idaho?
In many cases, an Idaho eviction can be completed in a few days. Once the eviction notice is served, the tenant will have between 3 - 21 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take up to 2 months, depending on how busy the ID Magistrate Court system is at the time.
How to File for Eviction in Idaho
If a tenant doesn’t comply after being served with a legally valid Idaho eviction notice, it will be necessary to file a Forcible Entry and Unlawful Detainer case against them. To do this, the landlord will need to visit their local Magistrates’ Courthouse, file the case with the clerk of the court, and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations
How Much Does It Cost to Evict Someone in Idaho?
How much evicting a tenant costs depends on how long the removal process lasts. If you serve the Idaho eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property, this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.