If you’re a landlord seeking to evict a tenant, use an Idaho (ID) eviction notice to begin the process. Your eviction notice must be written according to Idaho state law, and give your tenant the legally required amount of time to respond or move out.
In Idaho, eviction lawsuits are governed by Title 6, Chapter 3 of the Idaho Statutes.
Idaho Eviction Notices by Type
Download a free eviction notice customized for Idaho state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In Idaho, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
3-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In Idaho, landlords must give tenants three days’ notice before the eviction process can proceed in court. In that time, tenants may have the option to fix (or “cure”) the problem.
3-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Idaho, landlords must give tenants three days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Laws: Title 6, Chapter 3
- Rent Payment Grace Period: No specific grace period defined by the law, but if the lease agreement contains a grace period, the landlord must honor it.
- Notice of Non-Compliance: 3 days (§ 6-303(2))
- Late or Non-Rent Payment Notice: 3 days (§ 6-303(3))
- Lease Termination (Month-to-Month): 30 days (§ 55-208)
- Eviction Lawsuit: Forcible Entry and Unlawful Detainer (§ 6-301 – 6-324)
What is the Eviction Process in Idaho?
Step 1: Give the Tenant an Eviction Notice
Giving the tenant the proper type of eviction notice officially begins the eviction process. Depending on the reason for the eviction, you will provide the tenant with a late rent notice, non-compliance notice, or lease termination notice, which states the reason for the eviction and the date when the tenant must either pay the rent or cure the lease violation.
Step 2: File an Eviction Lawsuit with the Court
If the tenant continues to stay on the property despite not paying the rent or complying with other lease terms, the next step is to file an eviction lawsuit in the district court where the rental property is located. At this stage, you must prepare several documents and file them with the court, including:
- General Civil Case Information Sheet
- Complaint for Eviction
- Summons for Eviction
Step 3: Serve the Tenant
Once you’ve filed the necessary documents with the court, you then need to legally serve the tenant with them. The process server will complete the Affidavit of Service of Summons & Complaint, and serve the tenant the relevant paperwork. Follow these directions for help.
Step 4: Prepare the Necessary Documents for the Court
The tenant has five days to respond from the date they were served with the summons and complaint. If the tenant doesn’t respond, the landlord can prepare the required documents for a default judgment so they can repossess the premises.
These documents include:
- Motion and Affidavit for Entry of Default Judgment
- Memorandum of Costs
- Judgment for Eviction
- Writ of Restitution of Premises
Step 5: Attend the Hearing
If the landlord wins in court or the tenant fails to respond, the judge will sign the necessary documents to complete the eviction process. The landlord can give the sheriff’s office the writ of Restitution of Premises to reclaim the rental unit.
Related Idaho Court Forms
- General Civil Case Information Sheet – This document provides basic information to identify the parties and the type of civil case. It’s filed with the court clerk when the complaint and summons are filed, and officially opens the case.
- Complaint for Eviction – This document states the legal basis for the eviction, and asks the court to evict the tenant. It lists the amount of money the tenant owes.
- Summons for Eviction – This document notifies the tenant that a case has been filed against them.
- Motion and Affidavit for Entry of Default Judgment – In this document, the landlord attests that the proper legal procedures have been followed, the tenant did not respond to the complaint, and asks the court to enter a default judgment against the defendant.
- Memorandum of Costs – The landlord completes this document to show the amount of money they want the tenant to pay, including the service of process fee and the filing fee.
- Judgement for Eviction – Once signed, the Judgment for Eviction legally orders the possession of the rental unit to be returned to the landlord.
- Writ of Restitution of Premises – This document gives the sheriff’s office the legal authority to physically remove the tenant.
Eviction Information for Idaho Landlords and Tenants
The Idaho Court Assistance Office provides a wealth of information for Idaho landlords, including access to the forms you need to carry out a legal eviction, as well as a brochure on Landlord & Tenant’s Rights and Responsibilities. You can also review the Idaho Legal Services website for landlord self-help forms.
If you’re a tenant in Idaho facing eviction, you should review the Idaho Legal Services self-help forms for tenants, including an Answer to Complaint for Eviction. You can also visit the Idaho Court Assistance Office, which provides general information, access to court forms, and brochures on certain topics, such as on manufactured homes, federal housing programs, repairs, and security deposits.