Free Idaho State Eviction Notice Forms

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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:

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: 

  1. Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
  2. 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.
  3. Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
  4. 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.
  5. 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.

Eviction Notice Sample

Before starting your own Idaho eviction notice, it can help to see what a real sample of this legal document looks like. Find out how an eviction notice should appear on paper with our template example below.

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Idaho eviction notice sample

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.

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Idaho eviction notice sample

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Preview of your Idaho Eviction Notice

NOTICE TO TERMINATE TENANCY
_________
_________
_________
_________, Idaho _________
TO TENANT(S), ALL OTHER RESIDENTS AND UNNAMED OCCUPANTS OF THE PREMISES LOCATED AT:
_________, _________, Idaho _________
YOU ARE HEREBY NOTIFIED THAT:

(i) You are a Tenant for the Premises described above, of which you now hold possession.

(ii) Your Lease and/or rental agreement creates a month-to-month tenancy.

(iii) In accordance with the aforementioned lease and/or rental agreement and the laws of the State of Idaho, _________ shall give you at least THIRTY (30) days written notice prior to the termination of your tenancy.

(iv) By serving you this Notice of Termination, the Landlord is exercising its right to terminate your month-to-month tenancy. Consequently, you shall vacate the Premises and turn over possession of the same to _________ or its agents, within THIRTY (30) days after service of this NOTICE.

Failure to vacate the premises within the time period specified above will result in forfeiture of the lease and/or rental agreement. In addition, the owner or landlord will be entitled to institute legal proceedings against you to recover rent, damages and possession of said premises.
PLEASE NOTE THAT:

This is intended as a THIRTY (30) day legal notice for the purpose of terminating your tenancy, in accordance with the Idaho Statute, §55-208.
Reserved Rights

The Landlord retains and shall be entitled to enforce the rights and remedies provided under the lease and/or rental agreement and under any applicable laws of the state of Idaho at any time in connection with any and all defaults or events of default now existing or hereafter arising. Nothing in this notice may be construed as a waiver of such rights and remedies.
Dated: _________

By: ______________________________
_________

_________, _________, _________ _________
_________
PROOF OF SERVICE
I, the undersigned, declare under penalty of perjury and pursuant to the laws of the state of Idaho that I served the above notice, of which this is a true copy, on the following tenant(s) in possession in the manner(s) indicated below:

- On ____________________, I handed the notice to the tenant(s) personally.

- On ____________________, I handed the above notice personally to a person residing at the tenant's address who was at least 18 years of age and the tenant signed acknowledging acceptance.

- On ____________________, I mailed a true copy of the document by:

     (   ) Regular mail

     (   ) Registered mail

     (   ) Certified mail

Postage fully prepaid, addressed to the tenant(s) at his/her place of residence.

- On ____________________, after attempting service in the manners indicated previously, I posted the notice on the door of the Premises.



Executed on _______________________
Served by _________________________
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