The Idaho thirty (30) day notice to quit, in conjunction with Statute 55-208, is used by landlord or tenant to inform one another of their intention to terminate the lease/rental agreement. The thirty (30) day notice form is only applicable to month-to-month or “at-will” tenancies. If the tenant fails to vacate the rental property within the thirty-day time period, the landlord can begin the eviction lawsuit process in court. Note: Although landlords do not need a specific reason to terminate the lease/rental agreement, they cannot terminate it due to the gender, age, marital status, etc. of the tenant(s) (i.e. they cannot
The Idaho eviction process begins with the landlord identifying which best fits their tenant: nonpayment of rent, noncompliance with their lease agreement, or ending a month to month tenancy. Each reason requires that a specific time period be given to the landlord, and in the cases of nonpayment and noncompliance, may be cured and the tenant remain on the premises. If the tenant, refuses to move out or cure the landlord’s issue, the lessor will the be able to file an eviction action according to the Expedited Instructions.
NonPayment Laws – 3 days Section 55-2010
NonCompliance Laws – 3 days Section 6-303
Month to Month Laws – 30 days Statute 55-208
Eviction Laws – Landlord and Tenant Guidelines
The Idaho three (3) day notice to quit, subject to Section 6-303, is issued to tenants who are in violation of one or more lease/rental agreement regulations. The notice is used to inform the tenants that they have three (3) days to “cure” (i.e. fix) the violation(s) or vacate the rental unit. If the tenant fails to cure the violation(s) or move out within the three-day time period, the landlord has the legal right to terminate the lease agreement and then file an action for summary possession (aka eviction) in court. If the landlord wins the case the tenant will
The Idaho three (3) day notice to quit, (refer to Code Section 55-2010), is used to notify tenants that they must either pay their rent or vacate the rental unit within three (3) days. If they do not pay the past due amount or vacate the property, the landlord will terminate the lease agreement and then file an eviction lawsuit (aka action for summary possession) in court. The landlord is legally obligated to serve the tenant with this notice and allow the tenant to pay the past due rent (within the notice period) before the lease can be terminated or
How to Evict a Tenant (Process)
Step 1 – The first step in evicting a tenant in the State of Idaho is to serve them the proper notice. Depending on the type of tenancy, as well as the reason(s) for the eviction, the required notice period is three (3) or thirty (30) days. A three (3) day notice of eviction is required for tenants who have not paid rent or have committed lease violations. The notice must state the amount of rent owed, and inform the tenant that they have three (3) days to pay the past due amount/correct the violations/vacate the rental unit, otherwise the lease agreement will be terminated and they will face an eviction lawsuit. A thirty (30) day notice must be served to month-to-month tenants (aka “open-ended tenancies”).
Note: A notice time frame other than the standard three and thirty day options are possible if explicitly stated in the lease/rental agreement.
Step 2 – If the tenant fails to pay the past due rent/cure the violation(s)/vacate the rental unit within the time frame specified in the notice, the landlord can file an unlawful detainer (aka eviction) action in court. After the landlord has filed the unlawful detainer/complaint, the tenant must be served with a summons (and copy of the complaint).
Step 3 – The tenant will have no more than twenty (20) days to file an answer to the summons/complaint. If an answer is not filed within the twenty day period, a default judgement will be filed against the tenant and a writ of restitution will be enacted (granting the Sheriff legal authority to remove the tenant and their property from the rental unit).