Idaho 3 Day Notice to Comply or Vacate

An Idaho 3 Day Notice to Comply or Vacate is an official eviction document delivered to the tenant for a lease violation, such as failing to comply with health/safety rules. The tenant has the option to correct the lease violation or move out within three (3) calendar days.

When to Use an Idaho 3 Day Notice to Comply or Vacate

Use a 3 Day Notice to Comply or Vacate to begin the eviction process in Idaho:

If the tenant failed to comply with health/safety rules.
If the tenant committed property damage.
If the tenant refused to allow the landlord access to the rental unit.
If the tenant violated the rules with too many occupants.
If the tenant committed any other violations of the lease or property rules.

If none of the above are true, use one of the below forms to evict a tenant:

3 Day Notice to Quit -If the tenant is late on rent (starting the day after it’s due), either in part or in full.
3 Day Notice to Vacate – If the tenant committed waste, caused substantial property damage, is involved in drug activity or engaged in any other unlawful activity.
30 Day Notice to Vacate – If the tenant does not have a lease, has an expired lease or is on a periodic (i.e., week-to-week or month-to-month) lease, regardless of rent payment frequency.

How to Write an Idaho 3 Day Notice to Comply or Vacate

The Idaho 3 Day Notice to Comply or Vacate form shall be completed as follows:

Write all adult tenants’ names (do not include minors);
Fill in the complete address of the rental premises;
Specify the rule or lease violation;
Indicate how the tenant can remedy the breach;
Enter the date and time when the violation must be cured by;
Include the tenant’s balance due, if applicable;
Include the date the notice is served;
Landlord prints name and signs notice;
Landlord includes address and phone number.

How to Serve an Idaho 3 Day Notice to Comply or Vacate

A landlord can deliver notices in Idaho using any of the below acceptable methods:

Handing the notice to the tenant in person;
Handing the notice to a person of suitable age and discretion at the property AND mailing the notice by certified or registered mail with a return receipt;
Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt.

When sending the notice by certified or registered mail, add three (3) additional calendar days to the notice period to account for variability in post office delivery times.

Sources

1 ID Code § 6-303: 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.
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2 ID Code § 6-304: 6-304.  SERVICE OF NOTICE. The notices required by the preceding section 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.
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3 Idaho Rules of Civil Procedure - Rule 2.2: 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.
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