Idaho Eviction Process

Idaho Eviction Process

Last Updated: August 18, 2022 by Elizabeth Souza

Steps of the eviction process in Idaho:

  1. Landlord serves tenant written notice.
  2. Landlord files complaint with court (if unresolved).
  3. Court serves tenant with summons & complaint.
  4. Court holds hearing and issues judgment.
  5. Writ of restitution is issued.
  6. Possession of property to landlord.

From start to finish, an eviction in Idaho can be completed in one week to two months. However, it can take longer depending on the reason and whether the tenant contests it.

Questions? To chat with an Idaho eviction attorney, click here

Grounds for an Eviction in Idaho

In Idaho, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms, and illegal activity. Even so, proper notice must first be given before ending the tenancy.

Grounds Notice Period Curable?
Nonpayment of Rent 3 Days Yes
End of / No Lease 30 Days No
Lease Violation 3 Days Maybe
Illegal Activity 3 Days No

Eviction for Nonpayment of Rent

In Idaho, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.

Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Idaho the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.

Eviction for No Lease or End of Lease

In Idaho, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).

Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.

Eviction for Violation of Lease Terms or Responsibilities

In Idaho, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Idaho landlord-tenant law. Some violations allow the tenant to fix (“cure”) the issue to avoid removal and other violations do not allow the tenant to fix the issue (“incurable”) and must vacate immediately.

If the issue is curable the landlord must give 3 days’ notice to cure or vacate before proceeding with an eviction and if the issue is incurable the landlord must give a 3 days’ notice to move out.

Tenant responsibilities include:

  • Keeping the unit safe and habitable.
  • Keeping fixtures clean and sanitary.
  • Properly using appliances, fixtures and facilities.
  • Not damaging or allowing their guests to damage the property.
  • Preventing injury to others due to actions performed on the premises.
  • Making small repairs and maintenance when needed.
  • Not disturbing other tenants or neighbors.

Curable Violations

For more minor offenses, the tenant can remain at the property if they fix the issue within the 3 days’ notice to cure or vacate.

Examples of curable violations include:

  • Having a pet when there’s a no-pet policy.
  • Parking in an unauthorized area.
  • Not maintaining a certain level of cleanliness.

If the tenant fails to correct or otherwise known as “cure” the issue by the deadline/remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Incurable Violations

For more serious offenses, the tenant isn’t given the opportunity to fix the issue and remain at the property. For incurable violations, a tenant must vacate the premises within the 3 days’ notice to move out.

Examples of incurable violations include:

  • Committing waste (i.e., negligently or intentionally damaging the rental unit).
  • Tenant assigns/sublets the rental unit without the consent of landlord.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction for Illegal Activity

In Idaho, a landlord can evict a tenant for illegal activity. To do so, they must first terminate the tenancy by giving 3 days’ notice to move out.

Illegal activity includes:

  • Unlawful delivery of a controlled substance.
  • Production of a controlled substance.
  • Use of a controlled substance.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

warning

Illegal Evictions in Idaho

In Idaho, any of the below is illegal. If found liable, the landlord could be required to pay the tenant up to three times the amount of the actual damages that were assessed.

“Self-Help” Evictions

No matter the situation, a landlord is not allowed to forcibly remove a tenant by:

  • Changing the locks.
  • Shutting off utilities.
  • Removing tenant belongings.

A tenant can only be legally removed with a court order obtained through the formal eviction process.

Retaliatory Evictions

It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:

  • Requesting repairs.
  • Organizing a tenant’s association.

Eviction notice posted on iPropertyManagement.com

Step 1: Landlord Serves Notice to Tenant

A landlord can begin the eviction process in Idaho by serving the tenant with written notice. The notice must be delivered by one of the following methods:

  1. Giving a copy to the tenant in person;
  2. Leaving a copy with anyone over the age of 18 who lives at the rental unit and sending a copy via mail; or
  3. Posting a copy on the premises in a conspicuous place and sending a copy via mail.

It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice. 

3-Day Notice to Pay Rent or Quit

If a tenant is late on paying rent (full or partial) in Idaho, the landlord can serve them a 3-Day Notice to Pay or Quit. This notice gives the tenant 3 calendar days to pay the entire remaining balance or vacate the premises.

30-Day Notice to Quit

For a tenant with no lease or a month-to-month lease in Idaho, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.

For tenants that don’t pay monthly, the amount of notice does not change.

3-Day Notice to Cure or Vacate

In Idaho, if a tenant commits a minor violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 3-Day Notice to Cure or Vacate. This eviction notice gives the tenant 3 calendar days to fix the issue or move out.

3-Day Notice to Quit

In Idaho, if a tenant commits a serious violation or an illegal activity, the landlord can serve them a 3-Day Notice to Quit. This eviction notice gives the tenant 3 calendar days to move out without the chance to fix the issue.

Questions? To chat with an Idaho eviction attorney, click here

Eviction Complaint Filed on iPropertyManagement.com

Step 2: Landlord Files Lawsuit with Court

As the next step in the eviction process, Idaho landlords must file a complaint in District Court. In the state of Idaho, the filing fee is roughly $166-$221.

The complaint will contain the following information:

  • Landlord and tenant’s contact information
  • The rental address.
  • The rental amount per month (for nonpayment of rent)
  • A copy of the notice with a proof of service.
  • Determine if the tenant is in the uniformed services.

Eviction Summons Complaint Served   on iPropertyManagement.com

Step 3: Court Serves Tenant with Summons & Complaint

The summons and complaint must be served on the tenant by anyone over the age of 18 who isn’t part of the case prior to the hearing through any one of the following methods:

  1. Giving a copy to the tenant in person;
  2. Leaving a copy with anyone over the age of 18 who lives at the rental unit and sending a copy via mail; or
  3. Posting a copy on the premises in a conspicuous place and sending a copy via mail.

Nonpayment of Rent/Illegal Drug Activity. If the premises is less than five acres of land, tenants who have engaged in illegal activity and are in violation of nonpayment of rent, the court shall schedule a trial within 12 days of the filing of the complaint and summons and complaint and summons must be served to the tenant at least 5 days prior to the hearing.

No Lease/End of Lease. The summons and complaint must be served at least 24 hours before the hearing.

Violations. Idaho state law doesn’t indicate how quickly the summons must be served for all other eviction types.

Clock   on iPropertyManagement.com24 hours to five days, depending on the eviction type. Evictions for any reason other than nonpayment of rent, illegal drug activity, and removing squatters may take longer.

Eviction Court Hearing on iPropertyManagement.com

Step 4: Court Holds Hearing & Issues Judgment

The type of eviction hearing determines when the hearing will be held.

For nonpayment of rent and illegal drug activity evictions, the hearing must be held within 12 days of the date the complaint was filed.

When the eviction is to remove squatters, the hearing must be held within 72 hours of the date the complaint was filed.

For nonpayment of rent and illegal drug activity evictions, tenants may request a two day continuance.

For all evictions other than nonpayment of rent, removal of squatters, and illegal drug activity, a written answer is required in order for tenants to attend the eviction hearing. The written answer must be filed within 21 days of receiving the summons. If the tenant fails to file a written answer within 21 days of the date they received the summons, the judicial officer may issue a default judgment in favor of the landlord.

Evictions for reasons other than nonpayment of rent, removal of squatters, or illegal drug activity may be scheduled according to the small claims hearing schedule, which cannot occur until the deadline to file the written answer has passed.

If the tenant fails to appear for the hearing, regardless of the eviction type, it will not be continued, and the judge will issue a default judgment in favor of the landlord.

If the judge rules in favor of the landlord, either through a default judgment or at an eviction hearing, a writ of restitution will be issued and the eviction process will continue.

Clock   on iPropertyManagement.com72 hours to 21 days, (or more) depending on the eviction type.

Eviction Writ of Restitution on iPropertyManagement.com

Step 5: Writ of Restitution Is Issued

The writ of restitution is the tenant’s final notice to leave the rental unit and gives the tenant the opportunity to remove their belongings before the sheriff or constable returns to the property to forcibly remove them.

If the court has ruled in the landlord’s favor, the court will issue a writ of restitution, which can be done immediately at the hearing, with the exception of nonpayment of rent evictions.

For nonpayment of rent evictions, the writ of restitution will be issued five days after the date the judgment was issued in favor of the landlord.

Clock   on iPropertyManagement.comA few hours to five days, depending on whether the eviction is for nonpayment of rent or some other type of eviction.

Eviction property possession returned on iPropertyManagement.com

Step 6: Possession of Property is Returned

Once the writ is delivered to the sheriff or constable, tenants may be forced to move out immediately and may not be given any further grace periods.

Questions? To chat with an Idaho eviction attorney, click here

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 Idaho Eviction Process

Idaho Eviction Process Flowchart on iPropertyManagement.com

For additional questions about the eviction process in Idaho, please refer to the official legislation, Idaho Statutes §§6-303 to 6-324, §55-208, §1-2303, and the Idaho Rules of Civil Procedure, Rule 4, for more information.

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