If you’re a landlord or property management company seeking to evict a tenant for violating one or more terms of your Rental Agreement (such as late rent payments), use an Idaho (ID) Eviction Notice to begin the process.
What is an Eviction Notice?
An eviction notice is a legally binding document a landlord gives to a tenant to begin removing the renter from leased property.
Eviction notices in Idaho must conform to state law and give your tenant the legally required 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 notice customized for Idaho state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to vacate 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 and property management companies must give tenants a 30-day notice period to move out if they enter this type of lease.
Holdover tenants (tenants who don’t move after receiving notice) illegally reside in the rental property and can face eviction proceedings.
Download: Word (.docx) or Adobe PDF
3-Day Notice to Quit for Non-Compliance: Use this notice to quit to begin evicting a tenant if they’ve broken a lease term.
In the state of Idaho, landlords and property managers must give tenants a three (3) day notice period before the eviction process can proceed in court. During that time, tenants may have the option to fix (or “cure”) the problem.
Download: Word (.docx) or Adobe PDF
3-Day Notice to Pay Rent or Quit: Use this notice to quit to begin evicting a tenant if they haven’t paid rent on time.
In Idaho, landlords and property managers must give tenants three (3) days to pay rent before the eviction process can proceed in court.
Download: Word (.docx) or Adobe PDF
If you wish to send a letter simply reminding your tenant that rent is late (without the threat of eviction), use a late rent notice.
Eviction Laws, Statutes, and Requirements
- Rent Payment Grace Period: No specific grace period is defined by the law, but if the lease agreement contains one, the landlord must honor it.
- Notice of Non-Compliance: three (3) days (Idaho Code § 6-303(3))
- Late or Non-Payment of Rent Notice: three (3) days (Idaho Code § 6-303(2))
- Lease Termination (Month-to-Month): 30 days (Idaho Code § 55-208)
- Eviction Lawsuit: Forcible Entry and Unlawful Detainer (Idaho Code §§ 6-301 – 6-324)
What is the Eviction Process in Idaho?
Landlords and property managers must follow the law to evict a tenant. This includes obtaining a court order to remove the tenant from the rental unit.
Step 1: Serve Eviction Notice on the Tenant
Giving the tenant the proper type of notice officially begins the eviction process. The notice must state the reason for the eviction and the date when the tenant must either pay the rent or cure the lease violation or vacate the property.
Landlords and property managers should service notice via first-class, certified, or registered mail, or by personal service (note taped to the front door), or process server.
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 the summons and complaint as shown below:
- General Civil Case Information Sheet
- Complaint for Unlawful Detainer
- Summons for Eviction
Step 3: Serve the Tenant
Once you’ve filed the necessary documents with the court, you must 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 (file an Answer with the court admitting or denying the allegations in the Complaint) 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 to 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 judge rules for the landlord or the tenant fails to respond, the judge will sign the necessary documents to complete the eviction process.
The landlord can give the appropriate law enforcement officer the Writ of Restitution of Premises to reclaim the rental unit.
Landlords who want to claim monetary damages from evicted tenants must do so in small claims court.
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 and provides the date, time, and location of the trial.
- 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 did not appear at the hearing, 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 incurred by the landlord, including the service of process fee and the filing fee.
- Judgment for Eviction – Once signed, the Judgment for Eviction legally orders the possession of the rental unit to be returned to the landlord and for the tenant to vacate the property.
- Writ of Restitution of Premises – This document gives the sheriff the legal authority to physically remove the tenant from the rental property.
Eviction Information for Idaho Landlords and Tenants
Landlords
The Idaho Court Assistance Office provides information for Idaho owners of rental properties, including access to the forms for a legal eviction and a brochure on Landlord & Tenant’s Legal Rights and Responsibilities.
You can also review the Idaho Legal Services website for landlord self-help forms.
It is advisable to retain all correspondence with tenants (such as requests to pay late rent, maintenance requests, notices to enter, etc.) in case you need to show such documents to a court during eviction proceedings.
Remember that landlords cannot take self-help eviction measures like locking tenants out of their dwelling unit, confiscating personal property, and resorting to unlawful entry to remove a tenant.
Tenants
If a tenant in Idaho faces eviction, you should review the Idaho Legal Services Tenant Rights and Responsibilities, including an Answer to Complaint for Eviction.
You can also visit the Idaho Court Assistance Office, which provides general information, answers to some legal questions, access to legal documents, and brochures on certain topics, such as manufactured homes, federal housing programs, repairs, and security deposits.
How to Write an Eviction Notice (Notice to Pay Rent or Quit)
Follow the steps below to write an eviction notice in Idaho.
Step 1 – Fill Out Date of Eviction Notice
Write the date of the eviction notice.
Step 2 – Enter Tenant Information and Property Address
Provide the name of all tenants listed on the original lease or rental agreement. Enter the full street address for the rental property.
Step 3 – Enter Lease/Rental Agreement Information
Provide the name (or title) and the original lease or rental agreement date.
Step 4 – Enter Late Rent Details
Provide the beginning and end dates for the period the rent is past due. Write the amount of the past due rent, the amount of late fees (if any) and the total amount owed by the tenant to the landlord.
Step 5 – Sign Notice and Enter Landlord Information
The landlord will sign and date the eviction notice. Provide the landlord’s current contact information so the tenant can contact the landlord if necessary.
Step 6 – Provide Proof of Service
Proof of service is an affidavit that shows that the eviction notice was served to the tenant.
Enter the date of delivery. This is important because it provides evidence of the date the notice is delivered to the tenant, which starts the number of days the tenant has to pay the past due rent (3 days) or vacate the property.
The person delivering the eviction notice, the server, should complete the delivery method, the fields for the person receiving the notice, and the address of the location where the notice was delivered.
The server signs, prints their full name, and dates the proof of service.
Idaho Eviction Notice Sample
Use the free form below to start eviction proceedings against your tenant. Alternatively, create a customized form for your situation using our document builder.