An Idaho 3 Day Notice To Comply or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for a “curable” lease violation (i.e., one which the tenant may have an opportunity to correct), such as failing to comply with health and safety rules. The tenant must take appropriate corrective action or else move out within three (3) calendar days of receiving notice.
When To Use an Idaho 3 Day Notice To Comply or Vacate
An Idaho 3 Day Notice To Comply or Vacate begins the eviction process against a tenant for the following curable violations:
- Failure to comply with health and safety rules
- Causing property damage
- Refusal to allow the landlord lawful access
- Occupancy rules violation
- Other violations of the lease or property rules
Some types of Idaho lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Idaho 3 Day Notice To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate, and the corrective action(s) necessary to avoid termination
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Idaho 3 Day Notice To Comply or Vacate
Idaho landlords may deliver a Notice To Comply or Vacate 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.
Sources
- 1 ID Code § 6-303
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Where he continues in possession in person, or by subtenants, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for payment of rent, and three (3) days’ notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Within three (3) days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease, or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture: provided, if the covenants and conditions of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to said lessee or his subtenant demanding the performance of the violated covenant or conditions of the lease. A tenant may take proceedings similar to those prescribed in this chapter, to obtain possession of premises let to an undertenant, in case of his unlawful detention of the premises underlet to him.
Source Link - 2 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
- 3 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