Idaho Eviction Process

How to Evict a Tenant in Idaho (7 Steps)

Step 1: Create and Serve Eviction Notice

Idaho Code Title 6, Chapter 3 (Forcible Entry and Unlawful Detainer) covers all relevant eviction laws for landlords in the state, including the means a landlord can use to deliver the notice to quit to the tenant.

Once it’s written, serve the eviction notice by:

• Hand delivery to the tenant, preferably.
• If the tenant cannot be found: (1) Hand delivery to a person of suitable age accepting it on the tenant’s behalf and (2) mail delivery to the tenant’s address of record.
• If the first two options fail: (1) Posting the notice to a conspicuous place on the property, (2) handing the notice to a person on the property if possible, and (3) mail delivery to the property’s address.

Step 2: Wait for the Tenant to Act

Wait out the notice period for the specific situation. For most eviction reasons in Idaho, this is three days. Move forward only if the tenant does not act in accordance with the notice during this time.

Step 3: File Eviction Lawsuit

File for eviction at the Idaho district court local to the property’s address. Pay filing fees, differing by county, usually between $166 and $221.

The landlord initiates the eviction process by submitting several documents to the local district court where the property is located. A process server then delivers these documents to the tenant and completes an Affidavit of Service to confirm delivery.

These documents include:

• General Civil Case Information Sheet
• Complaint for Eviction
• Summons for Eviction
• Affidavit of Service of Summons and Complaint for Eviction

Step 4: Wait for the Tenant to File an Answer

If the tenant wants to contest the eviction, they can file an answer within 21 days of receiving the complaint and summons. Once they do so, the court will set a date in court to hear both sides.

Step 5: Appear in Court

Both you and the tenant must appear in court. If either side fails to attend the hearing, the other side may win the case by default.

You should complete your portion of the judgment for eviction form prior to trial. If the court rules in your favor, the judge will complete, sign, and file the form to allow eviction.

Step 6: File for Writ of Restitution

If the court rules in your favor, you can then use the judgment for eviction to file for a writ of possession or restitution. This document allows law enforcement to execute the eviction by forcibly removing the tenant and their possessions from the property.

Step 7: Repossess the Property

The tenant has three final days between the judgment and the issuance of the writ of possession to move out voluntarily. Otherwise, you can use the writ to have the sheriff’s office complete the eviction process and return the property’s keys to you.

Eviction Reasons

The reasons to lawfully evict tenants cover actions and decisions from both tenants and landlords. When a tenant’s behavior or actions prompt eviction, it means the landlord has legal cause. Conversely, if a landlord decides to terminate a tenancy for reasons beyond the tenant’s control, they don’t have legal cause for eviction.

Notice for Termination With Cause

Landlords must have legal cause to evict tenants:

• Failure to pay rent on time.
• Breaking the rules set by the lease agreement.
• Violating health or safety codes.
• Committing illegal activity on the premises.
• Staying at the property after their lease ends (known as “holdover” tenancy).

Idaho Code § 6-303 sets forth the rules for each of these eviction reasons.

1. Three-Day Notice to Pay Rent

Overview:

• When a tenant is late on rent payments.
• Curable, meaning the tenant can resolve the issue.
• The tenant has three days to pay or “quit,” meaning move out (the notice time period does not include weekends or holidays).
• Landlords are not required to give a grace period to tenants for late payments, but they must honor one if it is mentioned in the rental agreement.

2. Three-Day Notice to Perform or Quit

Overview:

• When a tenant breaks the terms of their lease.
• Usually curable as long as any damage is not substantial.
• Eviction notice gives three days to comply or quit.

Common examples of lease violations include:

• Causing minor damage to the unit.
• Subleasing the rental unit to an unauthorized occupant.
• Smoking in non-smoking areas.
• Housing a pet in a pet-free environment.
• Disturbing the peace and enjoyment of others.
• Refusing to allow the landlord to lawfully enter the unit.

3. Health or Safety Issues

Overview:

• When a tenant breaks health or safety codes on the rental property.
• Usually incurable.
• Eviction notice gives three days to quit.

Lease violations include actions like:

• Failing to maintain the unit in a clean and sanitary manner.
• Using plumbing, electrical, or other fixtures unsafely.
• Negligent damage to the rental unit.

4. Illegal Activity

Overview:

• When a tenant commits criminal acts on the premises.
• Incurable.
• Eviction notice is immediate.

Common examples that may cause eviction are:

• Substantial or intentional damage to the rental unit.
• Making, distributing, or using controlled substances.

5. Holdover Tenancy

Overview:

• When a tenant stays after their lease expires.
• Incurable.
• Eviction notice is immediate if the lease has been properly non-renewed.

Notice for Termination Without Cause

A landlord may decide not to rent to a tenant anymore for personal or financial reasons unrelated to the tenant’s behavior when they plan to:

• Move into a property themselves.
• Renovate a property to an extent that requires rental units to be vacant.
• Convert a property into a townhouse, duplex, or condominium.
• Sell a property to a buyer who wishes to use it for a different purpose.

Landlords cannot legally evict tenants during lease agreements without just cause. However, after properly ending a lease, landlords can evict tenants who stay past their rental agreement’s expiration (Idaho Code § 55-208).

1. Notice to End a Month-to-Month Tenancy

Overview:

• When a tenant’s rental agreement is month-to-month.
• Notice to move out is 30 days.
• If the tenant stays even a day after the notice period expires, the landlord can file for eviction without further notice.

2. Notice to End a Fixed Term Tenancy

Overview:

• When a tenant’s agreement is longer term, like an annual lease.
• No notice to move out is necessary unless otherwise stated in the lease agreement.
• If a fixed term tenant does not move out or discuss renewal with their landlord before their lease expires, they are considered a holdover tenant and can be evicted. Unless the lease states otherwise, the landlord does not legally have to notify the tenant that their lease non-renewal is approaching.

Eviction Timeline

Tenant Rights in Idaho

The eviction process protects tenants from discrimination, vengeance, and harassment from their landlords. State law gives tenants recourse against two types of illegal evictions, called “self-help” and “retaliatory.” However, unlike in some other states, Idaho law does not protect tenants’ rights to reclaim personal belongings following eviction.

Self-Help Evictions

Landlords cannot take the eviction process into their own hands by committing self-help acts like:

• Locking out tenants
• Shutting off utilities
• Removing, ruining, or destroying tenants’ belongings
• Refusing reasonable maintenance requests
• Threatening or harassing tenants

Additionally, as an act of revenge against a protected tenant right, like complaints about the property through the correct channels, landlords cannot threaten or execute actions like

• Eviction
• Raising rent
• Limiting access to utilities or maintenance

Performing any of these after a tenant lawfully speaks or acts against their landlord is considered “retaliatory.” Legally protected tenant rights include:

• Complaining about habitability issues to the landlord or proper authorities.
• Filing a complaint with the courts or another government entity.
• Joining a tenant’s union or organization.

Abandoned Property

Idaho Code § 6-316 allows landlords to dispose of tenants’ abandoned belongings following eviction as they see fit. After a judgment in a landlord’s favor, a residential tenant has 72 hours to collect their property and leave. A commercial tenant has seven days unless a court grants them longer.

The sheriff can exercise the writ of restitution at least three days after the judgment, allowing them to forcibly remove the tenant. If that occurs, the landlord can remove and dispose of anything left on the premises after that point. Per state law, the landlord does not have to owe the tenant any “further compensation or consideration” after the eviction is carried out.

Resources

• Landlord and tenant manual from the attorney general’s office.
• Legal Aid description of the eviction process for nonpayment of rent.
• Answers to whether an Idaho landlord can evict a tenant in different situations from the Court Assistance Office.
• The guide to evictions and lockouts from Idaho Legal Aid.