Idaho Eviction Process

Last Updated: April 1, 2024 by Roberto Valenzuela

From start to finish, an eviction in Idaho can be completed in 1 week to 2 months. However, it can take longer depending on the reason and whether the tenant contests it.

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
• Committing illegal activity

Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.

Nonpayment of Rent

In Idaho, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 3 days’ notice to quit, which gives the tenant a chance to pay the balance due or move out. [1]

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Idaho the day immediately after its due date. Idaho landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

End of Lease or No Lease

In Idaho, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). The landlord must first terminate the tenancy by giving the tenant a proper 30-day notice to move out. [2]

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

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. To do so, the landlord must first give the tenant a 3 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out. [3]

Examples of lease violations include:

• Failing to maintain the rental unit in a clean and sanitary manner
• Causing minor damage to the rental unit (i.e. small holes in the sheetrock or missing blinds)
• Disturbing the peace and enjoyment of other persons
• Using plumbing, electrical or other fixtures in an unreasonable or unsafe manner
• Refusing to allow the landlord access to the rental unit

If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Activity

In Idaho, a landlord can evict a tenant for committing illegal activity on the premises. To do so, the landlord must first serve the tenant a 3 days’ notice to vacate. The tenant does not have a chance to fix the issue and must move out within the 3 day period.

In Idaho, illegal activity includes: [4] [5]

• Committing waste (i.e. negligent, substantial or intentional damage to the rental unit)
• Assigning/subletting the rental unit without the consent of landlord
• Possessing, delivering, producing or using controlled substances

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Evictions in Idaho

In Idaho, there are a few different types of evictions that are 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. [6]

“Self-Help” Evictions

A landlord is not allowed to attempt 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: [7]

• Complaining about habitability issues to the landlord or any authority tasked to enforce the law
• Filing a complaint to a government authority
• Joining a tenant’s union or organization
• Pursuing a legal right to remedy habitability issues

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The following are steps of the eviction process in Idaho:

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

Step 1: Landlord Serves Notice To Tenant

A landlord can begin the eviction process in Idaho by serving the tenant with written notice. Idaho landlords may deliver an eviction notice using any of these methods:

1. Hand delivery to the tenant
2. 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
   
3. 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.

3-Day Notice To Quit

In Idaho, if a tenant is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice To Quit. This eviction notice gives the tenant 3 days to pay the balance due or move out.

30-Day Notice To Vacate

For a tenant with no lease or a month-to-month lease in Idaho, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.

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

3-Day Notice To Comply or Vacate

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

3-Day Notice To Vacate

In Idaho, if a tenant commits illegal activity on the premises, the landlord can serve them a 3-Day Notice To Vacate. This eviction notice gives the tenant 3 days to move out without the chance to fix the issue.

Step 2: Landlord Files Lawsuit with Court

If the notice period ends and the tenant remains on the property, the next step in the eviction process allows the landlord to file a complaint with the 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

Step 3: Court Serves Tenant with Summons and 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: [8] [9]

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
3. Posting a copy on the premises in a conspicuous place and sending a copy via mail.

Depending on the reason for eviction, the notice will need to be delivered within a certain amount of time.

Nonpayment of rent or 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 will have a trial scheduled 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.

End of lease or no 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.

Step 4: Court Holds Hearing and Issues Judgment

For evictions for nonpayment of rent, removal of squatters, and illegal drug activity, a 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.

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 5 days after the date the judgment was issued in favor of the landlord. [13]

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.

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.

Flowchart of Idaho Eviction Process

Idaho Eviction 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.

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