Idaho
Eviction Process

The CDC issued a halt on evictions until Dec. 31 for qualifying renters. Click here

Timeline. Evicting a tenant in Idaho can take around 1 week to 2 months, depending on whether the eviction is for nonpayment of rent, illegal drug activity, to remove squatters, or another type of eviction. If tenants request a continuance, the process can take longer (read more).

Questions? To chat with a Idaho eviction attorney, Click here

Below are the individual steps of the eviction process in Idaho.

Step 1: Notice is Posted

Landlords in Idaho can begin the eviction process for several reasons, including:

  1. Nonpayment of Rent – Once rent is past due, notice must be served giving the tenant the option to pay rent in order to avoid eviction.
  2. Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord must give the tenant the opportunity to correct the issue before moving forward with the eviction process.
  3. No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
  4. Waste – If the tenant commits waste on the rental property, landlords must provide a written notice to quit.
  5. Illegal Activity – If a tenant is engaged in illegal activity, landlords must provide written notice before proceeding with the eviction process.
NOTES
  • Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property. It is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or union.
  • Evicting a Squatter. If the individual occupying the property didn’t have the landlord’s permission when initially moving in, doesn’t have a lease/verbal agreement, and has no history of paying rent, then Idaho landlords may follow the forcible detainer process laid out in Idaho statutes (read more).

Each possible ground for eviction has its own rules for how the process starts.

Eviction Process for Nonpayment of Rent

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to Idaho law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement.

Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 3 days in order to avoid eviction.

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in Idaho if they do not uphold their responsibilities under the terms of a written lease/rental agreement.

Idaho landlords must provide tenants with a 3-Day Notice to Comply, giving tenants 3 days to correct the issue in order to avoid eviction.

Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, having a pet when there’s a no-pet policy, and subleasing the rental unit if the lease/rental agreement prohibits it.

For lease violations that can’t be corrected by the tenant, the landlord only needs to provide a 3-Day Notice to Quit.

Note that illegal activity is not included in this category.

If the tenant fails to correct the issue by the deadline/remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for No Lease / End of Lease

In the state of Idaho, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

Regardless of the length or type of tenancy, landlords must give tenants 30 days’ written notice prior to beginning eviction proceedings.

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

Eviction Process for Waste

Tenants who commit waste in a rental unit must be given a 3-Day Notice to Quit, giving the tenant 3 days to move out of the rental unit.

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

Eviction Process for Illegal Activity

Tenants of a rental unit who are involved in illegal drug activity must be given 3 days’ written notice before the landlord can proceed with an eviction action.

Illegal drug 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.

Questions? To chat with a Idaho eviction attorney, Click here

Step 2: Complaint is Filed and Served

As the next step in the eviction process, Idaho landlords must file a complaint in the appropriate court. In the state of Idaho, this costs $166-$221 in filing fees.

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
  3. Publishing a copy in a local newspaper AND mailing a copy to the tenant
NOTES

Nonpayment of Rent/Illegal Drug Activity. For tenants who are being evicted for failure to pay rent or because of illegal drug activity, the summons and complaint must be served at least 5 days prior to the hearing.

Squatters. For eviction actions against squatters, the summons and complaint must be served at least 24 hours before the hearing.

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

24 hours to 5 days, depending on the eviction type. Evictions for any reason other than nonpayment of rent, illegal drug activity, and removing squatters may take longer.

Step 3: Court Hearing and 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 2-day continuance.

NOTES

Formal Answer. 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 tenants in these eviction cases fail 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.

72 hours to 21 days, (or more) depending on the eviction type.

Step 4: Writ of Restitution Is Issued

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

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, except for nonpayment of rent evictions.

For nonpayment of rent evictions, the writ of restitution will be issued 5 days after the date the judgment was issued in favor of the landlord.

A few hours to 5 days, depending on whether the eviction is for nonpayment of rent or some other type of eviction.

Step 5: 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.

Immediately. Once the writ has been delivered to law enforcement officials, tenants do not have additional time to move out and can be forced to leave the rental unit immediately.

Questions? To chat with a Idaho eviction attorney, Click here

Idaho Eviction Process Timeline

Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Idaho. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.

  1. Initial Notice Period – between 3 and 30 days, depending on the notice type and reason for eviction.
  2. Issuance/Service of Summons and Complaint – 24 hours to 5 days (or longer), depending on the reason for the eviction.
  3. Court Hearing and Ruling on the Eviction – 72 hours to 21 days (or more), depending on the reason for the eviction and if the tenant requests a continuance.
  4. Issuance of Writ of Restitution – A few hours to 5 days after the judgment is issued in favor of the landlord, depending on the eviction type.
  5. Return of Possession – Immediately.

Flowchart of Idaho Eviction Process

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.