In Idaho, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Idaho?
In Idaho, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Idaho?
In Idaho, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 3 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Idaho, rent is late starting the day after it’s due.
Acceptable Forms of Service in Idaho
Idaho landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the tenant
- Only if the tenant cannot be found at residence or usual place of business: Hand delivery to a person of suitable age who can accept the notice on behalf of the other party, PLUS delivery by mail to the other party’s address of record
- Only if the above forms of delivery fail: Posting the notice to a conspicuous place on the property, such as the entry door, PLUS handing the notice to a person on the property (if possible), PLUS delivery by mail to the property’s address
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Obtaining Proof of Service in Idaho
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing an Affidavit/Declaration of Service at the time of delivery
- Certified/Registered Mail – via a return receipt and by completing an Affidavit/Declaration of Service at the time of mailing
- Posting at the Premises – by taking a photograph and completing an Affidavit/Declaration of Service at the time of delivery
Idaho Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 3 Day Notice To Quit | Eviction for Unpaid Rent |
| 3 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 3 Day Notice To Vacate | Eviction for Illegal Activity |
| 30 Day Notice To Vacate | End of / No Lease |
Sources
- 1 Idaho Code § 6-304
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The notices required by the preceding section [appropriate notice to terminate, or appropriate notice to quit] may be served either:1. By delivering a copy to the tenant personally; or,2. If he be absent from his place of residence and from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his place of residence; or, if such place of residence and business cannot be ascertained, or a person of suitable age or discretion cannot be found there, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.Source Link
- 2 Idaho R. Civ. P. 2.2
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Additional Time After Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 3 days are added to the specified time.
Source Link
