Idaho Eviction Notice Templates (4)

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Idaho Eviction Notice Templates (4)

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Last updated August 3rd, 2023

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Idaho eviction notices are forms used to inform a tenant that the landlord intends on terminating their lease agreement and evicting them from the premises. When a tenant has committed a violation, i.e., failed to pay rent on time, allow subtenants without the landlord’s permission, damaged the property, or committed an act involving a controlled substance, the landlord has the legal right to evict them.

However, some situations allow the tenant to remedy the breach within a certain number of days to stop their lease from ending. If a notice to quit (eviction notice) has been served on a tenant and they refuse to adhere to the demands thereof, the landlord can file an unlawful detainer action to remove them from the property.

By Type (4)

Immediate Notice to Quit for 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 for Non-Payment – A written notice providing a tenant the opportunity to pay past due rent within three days before their landlord can commence an eviction suit.

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3-Day Notice to Quit for Non-Compliance – Served on a tenant who has committed a breach of contract and must cure said breach within three (3) days or risk an unlawful detainer suit filed against them.

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1-Month Notice to Terminate Month-to-Month Lease – Ends a lease agreement between a landlord and tenant without cause by giving the tenant one (1) month’s notice to vacate the premises.

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Contents

Eviction Laws + Required Notices

  • Grace Period: Not mentioned in state statutes.
  • Non-Payment of Rent (§ 6-303(2)): Three (3) Days
  • Lease Non-Compliance (§ 6-303(3)): Three (3) Days
  • Periodic Tenancy Termination (§ 55-208(1)): One (1) Month
  • Illegal Activity (§ 6-303(5)): Immediate
  • Intentional Damage to the Property (§ 6-303(3)): Three (3) Days

How to Evict a Tenant

Idaho landlords must follow certain procedures and adhere to state regulations when evicting tenants from their rented homes. Also known as an unlawful detainer, an eviction suit can be filed by any landlord who believes their tenant has violated their lease, committed an illegal act involving a controlled substance, or remains on the property after their tenancy has officially ended.

Step 1 – Notice to Quit

Before a landlord can file for eviction, they must deliver a notice to quit to the tenant. Some of these notice forms give the tenant a chance to remedy the violation they committed, while others demand that the tenant vacate the premises within a certain number of days or immediately, depending on the severity of the violation.

Step 2 – Serve Tenant Notice to Quit

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

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

If the landlord has served a 3-Day Notice to Quit for Non-Payment, they must also complete a 3-Day Notice Affidavit of Service and sign it in the presence of a notary public. (If an eviction suit is filed due to the tenant’s failure to adhere to the demands of the notice to quit, this affidavit must be filed along with the complaint form.)

Step 3 – Commence Unlawful Detainer Action

If the tenant has not cured the violation or vacated the premises within the notice period, the landlord can start the eviction process. All unlawful detainer actions are handled by the district court in the county where the property is located (List of Judicial Districts and Corresponding Counties). The Court Assistance Office only provides forms online for evictions for non-payment of rent. For all other unlawful detainer actions, landlords may have to visit their district court in person. For evictions for non-payment of rent, the landlord must download and complete the following forms:

These forms must be filed with the court clerk, who will then issue the Summons and set a hearing date. A filing fee will be charged for this process (District Court Filing Fees). Copies should be made for the landlord’s records and to serve on the tenant.

Step 4 – Serve Tenant Complaint and Summons

The landlord must hire a process server or any person over the age of eighteen (18) not involved in the case to deliver the Complaint and Summons to the tenant. Service must be executed at least five (5) days prior to the hearing date. The person who serves the papers must complete an Affidavit of Service of Summons and Complaint for Eviction. The original is filed with the court and a copy kept for the landlord’s records.

Step 5 – Tenant’s Answer to Complaint and Summons

The tenant must file an Answer to Complaint for Eviction with the court before the hearing date set forth in the Summons. In addition to filing this document with the court, the tenant must also mail or hand-deliver a copy of their Answer to the landlord.

Step 6 – Trial

Before trial, the landlord should download the Judgment for Eviction form and complete only the information that won’t be affected by the trial. A judge will be assigned to the case and both parties must attend. The landlord must hand the Judgment for Eviction form to the judge. The judge will hear testimony from both parties and review any provided exhibits. If the judge rules in favor of the tenant, the tenant will not be ordered to vacate their rental unit. If the judge rules in favor of the landlord, a Judgment for Eviction will be filed and the tenant will be ordered to leave the property. The judge will most likely order the tenant to pay any court costs and attorneys’ fees to the landlord.

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 can download the Writ of Restitution of Premises and file it with the court clerk (for a $2 filing fee). 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 (there will be a fee for this service as well).

Court Forms + Resources

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