Idaho Eviction Notice Templates (4)

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Idaho Eviction Notice Templates (4)

An Idaho eviction notice informs a tenant that their landlord is terminating their lease and they must leave the premises. When a tenant has committed a violation, they’re usually given the opportunity to fix the issue to avoid eviction. However, if they don’t comply with the notice terms, the landlord can file an unlawful detainer action to remove them from the property.

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Last updated October 2nd, 2024

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An Idaho eviction notice informs a tenant that their landlord is terminating their lease and they must leave the premises. When a tenant has committed a violation, they’re usually given the opportunity to fix the issue to avoid eviction. However, if they don’t comply with the notice terms, the landlord can file an unlawful detainer action to remove them from the property.

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Eviction Notices: By Type (4)

3-Day Notice to Quit | Non-Payment – Provides a tenant three days to pay past due rent or leave the property.

 

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Immediate Notice to Quit | Illegal Activity – Notifies a tenant their rental agreement is terminated and they must vacate the premises due to illegal activity.

 

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3-Day Notice to Quit | Non-Compliance – Served on a tenant who has violated their lease, giving them three days to cure or leave.

 

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1-Month Notice to Terminate | Month-to-Month Lease – Ends a month-to-month lease by giving the landlord or tenant one month’s notice

 

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Notice Requirements

  • Grace Period for Rent – Not mentioned in state statutes.
  • Non-Payment of Rent – 3 days.[1]
  • Lease Non-Compliance – 3 days.[2]
  • Periodic Tenancy Termination – 1 month.[3]
  • Illegal Activity – Immediate.[4]
  • Intentional Damage to Property – 3 days.[5]

How to Evict a Tenant in Idaho

Step 1 – Notice to Quit

Step 2 – Serve Notice

The landlord should keep a copy of the notice to quit for their records and deliver a copy to the tenant. Service can be completed using one of the following methods:

  1. Deliver to the tenant in person.
  2. Deliver to a person of suitable age who lives on the property AND mail a copy to the tenant.
  3. Post notice in a conspicuous location on the property AND mail a copy to the tenant.

If the landlord is serving a notice to quit for non-payment, they must complete a 3-Day Notice Affidavit of Service and have it notarized.

Step 3 – File Unlawful Detainer Action

If the tenant has not cured the violation or vacated the premises within the notice period, the landlord can file for eviction. The landlord will either go through an expedited eviction process (non-payment/illegal acts) or a standard process (lease violations/termination).

The landlord will need to complete a Complaint and Summons and file them with the district court in the county where the property is located, after which a hearing will be set.

Step 4 – Serve Complaint and Summons

The landlord must hire a process server (or any disinterested person over the age of 18) to deliver copies of the Complaint and Summons to the tenant. Service must be executed at least five days prior to the hearing date.
The process server will complete an Affidavit of Service of Summons and Complaint for Eviction, file it with the court, and give a copy to the landlord.

Step 5 – Tenant’s Answer (If Applicable)

If the tenant is being evicted due to a lease violation or their lease was not renewed, they have 21 days to file an Answer to Complaint for Eviction with the court and deliver a copy to the landlord.

If they file an answer on time, the parties will have to attend the hearing. If they do not answer, the landlord can file for default judgment, and the tenant must handover possession of the property and may have to pay for damages.

Step 6 – Hearing

Before the hearing, the landlord should download the Judgment for Eviction form (completing only the appropriate fields) and file it with the court. The judge will hear testimony from both parties and review any provided exhibits.
If the judge rules in favor of the tenant, the lease will not terminate and the tenant can remain on the premises. If the judge rules in favor of the landlord, the Judgment for Eviction will be filed and the tenant will be ordered to leave the property.

Step 7 – Writ of Restitution of Premises

The landlord may choose to have a sheriff remove the tenant from the premises if they feel the tenant won’t leave on their own accord. The landlord must complete and file a Writ of Restitution of Premises with the court clerk. Once the court has issued the writ, the landlord must take it to the sheriff’s office and ask them to forcibly remove the tenant.

Sources

  1. § 6-303(2)
  2. § 6-303(3)
  3. § 55-208(1)
  4. § 6-303(5)
  5. § 6-303(4)