Idaho Eviction Laws

Landlords should familiarize themselves with the statewide rules and procedures that govern evictions in the state of Idaho and understand their responsibilities.

Quick Facts for Idaho

  • Grounds for Eviction: Failure to pay rent, lease agreement violations, rental property damage, illegal drug use/sale on-property
  • Notice Required for Nonpayment of Rent: 3-Day Notice to Pay, after which landlord may file Forcible Entry & Unlawful Detainer suit
  • Notice Required to Terminate without Cause: 30-Day Notice for month-to-month tenants; for fixed-term tenants, landlord is required to wait until end of term
  • Notice Required for Lease Violations: 3-Day Notice to Perform or Quit
  • Fastest a Landlord Can Evict for Illegal Acts: No notice required; landlord may end lease agreement immediately & file Forcible Entry and Unlawful Detainer suit

How Long Does it Take to Evict a Tenant in Idaho?

The amount of time required to evict a tenant in the state of Idaho is often less than that required to evict tenants in many other states. However, as the eviction process is a multi-step legal process, it remains difficult to give a precise answer to the amount of time an eviction will take. In all instances, an eviction will be more prolonged when the tenant insist upon fighting the eviction process.

In the state of Idaho, the eviction process begins with the landlord informing the tenant in writing of his/her intention to seek an eviction. In this state, the tenant  is generally served with a 3-Day Notice. When there is no written lease, the amount of notice required depends upon the terms of the rental arrangement.

In extreme cases, it is possible for the landlord to proceed with the eviction process without providing the tenant with written notice prior to filing a Forcible Entry and Unlawful Detainer suit with the court.

Reasons for Eviction in Idaho

The state of Idaho has identified several legitimate reasons why a landlord may seek to evict a tenant. These reasons include:

  • Failure to pay rent (I.S. 6-303(2).
  • Violation of terms of lease or rental agreement (I.S. 6-303(3)
  • Causing serious damage to the rental property (I.S. 6-303(4)
  • Delivery, sale, production, or use of illegal drugs on the property (I.S. 6-303(5)

Eviction for Failure to Pay Rent

In the state of Idaho, a landlord who seeks to evict a tenant for failing to pay rent, must first serve the tenant with a written 3-Day Notice to Pay. If the tenant fails to pay the owed rent in full and remains on the property past three days, the landlord may proceed with the eviction process by filing a Forcible Entry and Unlawful Detainer suit with the court.

It should be noted that the state of Idaho places no limits on the amount a landlord may charge a tenant for a late fee. It is required however, that the landlord make the full amount of outstanding rent clear in the 3-Day Notice to Pay.

Eviction if Rent has Been Paid

In Idaho, it is considered reasonable for a landlord to evict a tenant for no cause when there is no written lease in place. Regardless of whether or not the tenant continues to make rental payments in a timely fashion, the landlord may evict an “at will” tenant after providing the appropriate notice. If the tenant remains beyond the time indicated on the notice, or if a notice isn’t required, the landlord may proceed with the eviction process by filing a Forcible Entry and Unlawful Detainer suit with the court.

Evicting a Tenant For Violation of Rental Agreement/Lease

In the state of Idaho, the landlord is required to serve the tenant with a written 3-Day Notice to Perform or Quit. This notice informs the tenant of the issue that needs to be remedied. If the tenant refuses to move after the third day of the notice, the landlord may proceed with the eviction process by filing a Forcible Entry and Unlawful Detainer suit with the court.

If the tenant has broken the lease or rental agreement by subletting or seriously damaging the rental property, the landlord may serve the tenant with a 3-Day Unconditional Quit Notice. This notice provides the tenant with no recourse for remedying the situation. If the tenant remains at the rental property beyond the third day indicated in the notice, the landlord may proceed with the eviction process by filing a Forcible Entry and Unlawful Detainer suit with the court.

Evicting a Tenant for Illegal Behavior

When a tenant has engaged in the delivery, production, or sale of illegal drugs on the rental property, in the state of Idaho, the landlord is legally allowed to sever the rental agreement immediately and proceed with the eviction process by filing a Forcible Entry and Unlawful Detainer suit with the court.

How Does a Landlord Evict a Tenant When There is no Lease?

In Idaho, when there is no written lease between the landlord and tenant, the landlord may evict the tenant without cause. However, he/she must first serve the tenant with a written notice of his/her intention to discontinue the rental relationship. A month-to-month rental arrangement requires the landlord to provide a minimum of a  30-Day Notice. If the tenant refuses to vacate the property within 30 days, the landlord may proceed with the eviction process by filing a Forcible Entry and Unlawful Detainer suit with the court.

When there is a fixed-term rental agreement, the landlord is required to wait until the end of the established term to seek to remove the tenant. However, once the term has ended, the landlord is not required to provide any notice before proceeding with the eviction process. The landlord may proceed with the eviction process by filing a Forcible Entry and Unlawful Detainer suit with the court the day following the end of the fixed-term rental agreement.

When Can a Tenant Not Be Evicted in Idaho?

In the state of Idaho it is illegal for a landlord to evict a tenant for requesting repairs be made to the property or for joining a tenant’s organization. It is also illegal for a landlord to evict a tenant based on his/her race, sex, religion, familial status, color, nation of origin, or disability status. It should be noted that, in the state of Idaho, mental impairment, chronic alcoholism, blindness, and AIDS and its related complexes are identified as disabilities.

A tenant may not be evicted for owning a support animal. In the state of Idaho, support service, and companion animals are not legally identified as pets. Tenants are legally entitled to their support, service, and companion animals here regardless of their landlords policy regarding pets.

Once a Forcible Entry and Unlawful Detainer Suit is Filed

The court will schedule a trial date and notify the tenant of the lawsuit. Both sides are provided time to present witnesses and evidence to the judge. If the judge rules in favor of the landlord, he/she will issue a judgement allowing law enforcement to evict the client by a specific date. The judge will also establish any rent or damages due to the landlord.

Once Eviction Occurs

If the tenant refuses to leave the rental property by the date determined by the judge, the sheriff will physically evict the tenant. If there is personal property left behind by the tenant after an eviction, the sheriff is allowed to remove these items. It is illegal for the landlord to remove or dispose of personal property left behind except for items of trash. The tenant’s belongings will be stored by the sheriff who will be responsible for attempting to have the tenant retrieve his/her abandoned items.

Make sure to read the Idaho Code §§ 6-303 & 55-208 before starting the eviction process. Landlords should make sure to educate themselves on their rights and responsibilities on this topic.

Eviction Process in Other States

Other Resources for Idaho Landlords & Tenants