Idaho landlords who need to remove a tenant must follow clear legal steps and meet all notice requirements before moving forward. Each stage matters, from delivering the proper notice to filing with the court if the tenant does not comply.
This guide walks through the Idaho eviction process and laws in detail by covering valid eviction reasons, the court procedures landlords must follow, typical timelines, and key landlord-tenant laws that help property owners stay compliant and on track throughout the process.
How Idaho Law Defines Eviction
An eviction in Idaho happens when a landlord uses the court system to lawfully remove a tenant after giving proper notice. The process must follow strict legal steps, and any mistake can delay or invalidate the case.
Landlords can review Idaho’s eviction laws in Idaho Code Title 6, Chapter 3 (Forcible Entry and Unlawful Detainer), which explains how to recover possession of a rental property through the courts.
Eviction With Just Cause
“Just cause” in Idaho means a landlord has a lawful, explicit reason to remove a tenant. Common examples include nonpayment of rent, major lease violations, property damage, or illegal activity within the rental unit.
Landlords in Idaho can evict tenants only when there is just cause. State law allows removal if a tenant fails to pay rent on time, breaks essential lease terms, damages the property, or remains after the lease expires.
Every Idaho landlord should thoroughly document just cause. Written proof of lease violations, notices served, and tenant responses protects property owners and strengthens their position if the case reaches court.
Applicable law: Idaho Code Title 6, Chapter 3, Idaho Code § 6-303
No-Fault Evictions
In Idaho, a landlord can end a fixed-term lease upon its expiration date without giving a reason. The landlord must let the lease run its full course, then decide whether to renew it or let it end.
For month-to-month tenants, Idaho law gives landlords the flexibility to end the tenancy at any time with proper notice. The landlord must provide at least 30 days’ written notice before the end of the rental period to end the agreement lawfully.
Applicable law: Idaho Code Title 6, Chapter 3, Idaho Code § 6-303(1)
Grounds for Eviction in Idaho
Landlords in Idaho can remove tenants for several lawful reasons. Common grounds include nonpayment of rent, serious lease violations, property damage, illegal conduct on the premises, or remaining on the premises after the lease has ended without permission.
Each reason requires the landlord to follow the proper notice and filing procedures outlined in state law. Handling every step correctly protects the landlord’s right to recover the property and avoid legal complications.
Applicable law: Idaho Code Title 6, Chapter 3, Idaho Code § 6-303
Non-Payment of Rent
When a tenant in Idaho misses a rent payment, the landlord must take action quickly. State law does not guarantee a grace period, so rent becomes late as soon as the due date listed in the lease passes.
If payment remains unpaid, the landlord can serve a 3-Day Notice to Pay Rent or Quit. This notice gives the tenant 3 days to pay the full balance or vacate the property before the landlord files for eviction in court.
Applicable law: Idaho Code Title 6, Chapter 3, Idaho Code § 6-303(2)
Lease Violations
A rental agreement defines the rules of the landlord-tenant relationship. When a tenant breaches those terms, landlords in Idaho have the right to take legal action and begin the eviction process if the problem is not corrected.
Common examples of lease violations include:
- Keeping a pet in a rental that does not allow animals.
- Subletting the property without written consent from the landlord.
- Operating a business from the home in violation of the lease.
Every lease agreement exists to protect both landlords and tenants. Understanding and following the terms prevents conflict, protects property, and helps both sides maintain a stable rental relationship.
Applicable law: Idaho Code Title 6, Chapter 3, Idaho Code § 6-303(3)
Illegal Use of the Premises
Under Idaho law, landlords can remove tenants who use or permit the property to be used for illegal activity. Examples include selling controlled substances, running an unlicensed gambling setup, cultivating marijuana, or hiding stolen goods on the premises.
Illegal conduct puts both the property and the landlord at risk. Landlords should document every detail, gather reliable evidence, and act promptly through the court process to protect their property and avoid further issues.
Applicable law: Idaho Code Title 6, Chapter 3, Idaho Code § 6-303(4)
Tenant Actions that Threaten Health or Safety
When a tenant in Idaho creates unsafe or unhealthy conditions on the property, the landlord has the right to step in and address the problem. State law requires tenants to keep their rentals safe, clean, and in a condition that does not endanger others.
Common examples of health and safety violations in Idaho include:
- Disabling or removing smoke detectors.
- Storing gasoline or other flammable materials inside the unit.
- Allowing trash or debris to pile up, creating pest infestations or strong odors.
Landlords should record every issue, take photos when possible, and issue a written notice explaining the violation and the expected correction. If the tenant ignores the notice or refuses to fix the problem, the landlord can start the eviction process. To better understand maintenance obligations, review Idaho’s warranty of habitability.
Applicable law: Idaho Code § 6-320
Destruction or Neglect of the Rental Unit
When a tenant in Idaho causes severe property damage or neglects the unit, the landlord has the right to take action. State law holds tenants accountable for damage that goes beyond normal wear and tear and allows landlords to seek recovery through eviction or legal claims.
Landlords should always gather strong proof of damage. Dated photos, inspection checklists, repair receipts, and written communication help confirm the extent of the problem and protect the landlord’s position in court or during a security deposit dispute.
Applicable law: Idaho Code Title 6, Chapter 3, Idaho Code § 6-320
Tenant is in a Month-to-Month Rental Contract
In Idaho, a landlord can end a month-to-month rental agreement at any time without giving a reason. The landlord must provide at least 30 days’ written notice using a Notice to Terminate Tenancy form. If the tenant stays past the deadline, the landlord can move forward with an eviction case in court.
Using an Idaho month-to-month rental agreement helps clarify expectations from the start. It also ensures both the landlord and tenant understand how and when either party must give proper notice to end the tenancy.
Applicable law: Idaho Code § 6-303(1)
Step-by-Step Eviction Process in Idaho
The eviction process in Idaho requires landlords to follow each legal step with precision. State law outlines the exact notices, timelines, and court actions required to remove a tenant lawfully. Missing even one step can delay the case or lead to dismissal.
Here are the steps landlords must take:
1. Deliver Notice to the Tenant
Every eviction in Idaho begins with a written notice. The landlord must first determine the reason for eviction, such as unpaid rent, a lease violation, or illegal activity. The type of notice served depends on the violation, and tenants must receive time to correct the issue if it is curable.
Some violations cannot be fixed. Illegal drug activity, deliberate property destruction, or major safety threats qualify as non-curable violations. In these cases, the landlord can demand that the tenant leave immediately.
Idaho law also sets strict rules for delivering notices, including who can receive them and when the notice period officially begins.
Notice Forms & Timelines
- 3-Day Notice to Pay Rent or Quit: For unpaid rent. The tenant has 3 days to pay the full amount or move out.
- 3-Day Notice to Comply or Vacate: For curable lease violations such as unauthorized pets or guests. The tenant has 3 days to correct the issue or vacate.
- 3-Day Notice to Vacate: For non-curable violations such as illegal drug activity or intentional property damage.
- 30-Day Notice to Terminate Tenancy: For month-to-month rentals. The landlord must give at least 30 days’ written notice to end the tenancy without cause.
Applicable law: Idaho Code § 6-303
2. File an Eviction Lawsuit Against the Tenant
If the notice period ends and the tenant still has not complied, the landlord must take the next step by filing an eviction case. The landlord will file a Complaint for Unlawful Detainer with the district or county court that has jurisdiction over the property’s location.
The landlord will pay a filing fee, which usually ranges from $150 to $225, depending on the county. After the filing is complete, the court clerk will review the paperwork and set a hearing date. Both the landlord and tenant will receive notice of when and where the hearing will take place.
Applicable law: Idaho Code § 6-305
3. Serve Court Summons Paperwork to the Tenant
Once the court clerk sets a hearing date for the eviction, the landlord must arrange for a sheriff, process server, or any adult over 18 who is not part of the case to deliver all court documents to the tenant. The server will issue the tenant a Summons for Eviction and the Complaint for Unlawful Detainer, then must complete an Affidavit of Service and return it to court to confirm that they properly delivered the documents to the tenant.
After receiving the summons, the tenant will have the opportunity to respond by filing an Answer to the Complaint for Eviction before the court date. Both parties will appear in court on the scheduled date. If the tenant fails to respond or attend, the landlord may seek a default judgment.
Applicable law: Idaho Code § 6-310
4. Attend the Eviction Hearing
When the court date arrives, the landlord and tenant (or their attorneys) will appear before a judge in the Idaho district or magistrate court where the property is located. Both sides will present their evidence. The landlord will bring the lease agreement, notices, proof of service, photos, and any documents that show the reason for eviction. The tenant may bring evidence to dispute or explain the claim.
The judge will review all materials, listen to testimony, and may ask for clarification or additional documents. Both parties should come prepared to answer questions and provide clear, organized evidence that supports their position.
Applicable law: Idaho Code § 6-310
5. Court Reaches a Ruling
After considering all the testimony and reviewing the evidence, the judge will issue a final decision. In Idaho, most rulings happen on the same day as the hearing, though some courts may take a few days to complete the process.
If the judge rules in the tenant’s favor, the court will dismiss the case, and the tenant will remain in the rental unit. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, and the landlord will request a Writ of Restitution to regain control of the property. Tenants may appeal the decision, but they must file their appeal within 42 days of the court’s judgment.
Applicable law: Idaho Code § 6-312
6. Judge Issues a Writ of Restitution
When the court rules in favor of the landlord, the judge will issue a Writ of Restitution. This document authorizes the county sheriff to remove the tenant from the rental unit and return full possession of the property to the landlord. The landlord will work with the sheriff’s office to schedule the eviction.
In Idaho, the tenant will have up to 72 hours to vacate the property after the writ is issued. If the tenant does not leave within that timeframe, the sheriff will have the authority to complete the eviction.
Applicable law: Idaho Code § 6-316
7. Law Enforcement Executes the Writ of Restitution
If the tenant remains after the deadline stated in the Writ of Restitution, the landlord will contact the county sheriff to carry out the eviction. The sheriff (not the landlord) will enforce the court’s order, remove the tenant if necessary, and return possession of the rental property to the landlord.
In Idaho, tenants have 72 hours after the writ is issued to collect their personal belongings. If the tenant leaves items behind, the landlord must store them for at least 3 days and make them available for pickup. After that period, the landlord may dispose of or sell the items as allowed by law.
Applicable law: Idaho Code § 6-316, Idaho Code § 6-316(2)
Tenant Defense Against Eviction in Idaho
Eviction can have lasting effects on a tenant’s life, from disrupting family routines to making it harder to find housing in the future. An eviction record can damage credit and limit rental opportunities, but Idaho law still allows tenants to defend themselves.
Most eviction issues can be avoided when tenants communicate early, keep records of every notice and payment, and respond quickly to written demands. When both parties act in good faith and closely follow the lease terms, many disputes can be resolved before reaching court.
Tenants who feel overwhelmed should seek qualified legal guidance. Idaho residents can contact Idaho Legal Aid Services for free or low-cost assistance.
Idaho Eviction Process Timeline
In Idaho an eviction can be completed in 1 week to 2 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Idaho eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-30 Calendar Days |
| Court Issuing Summons | 24 Hours to 5 Days |
| Court Serving Summons | 24 Hours to 5 Days |
| Tenant Response Period | Not Required |
| Court Ruling | 21 Days |
| Court Serving Writ of Possession | Immediately to 5 Days |
| Final Notice Period | Immediately |
Flowchart of the Idaho Eviction Process
Typical Court Fees
The average cost of an eviction in Idaho for all filing, court, and service fees is $306. However, the cost varies heavily on service fees. Eviction lawsuits must be filed in District Court.
| Fee | District |
| Initial Court Filing | $166 |
| Summons Service | ~$40+ |
| Writ of Restitution Service and Execution | ~$100+ |
Handle the Idaho Eviction Process Confidently
Eviction can be a complex process for both landlords and tenants. To stay compliant and avoid delays, Idaho landlords can use property management software to organize rent payments, create and send notices, store tenant files, and keep track of court deadlines with ease.
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