An Idaho 3 Day Notice to Vacate is an eviction letter served to the tenant for an incurable breach of the lease, such as committing waste or causing substantial property damage. The tenant has no right to fix the violation and must vacate the premises within three (3) calendar days.
When to Use an Idaho 3 Day Notice to Vacate
Use a 3 Day Notice to Vacate to begin the eviction process in Idaho:
- If the tenant committed waste.
- If the tenant caused substantial property damage.
- If the tenant is involved in the unlawful sale, possession or use of controlled substances.
- If the tenant is engaged in any other unlawful activity.
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 Comply or Vacate – If the tenant failed to comply with health/safety rules, damaged the rental property, refused to allow the landlord access, violated rules with too many occupants at the premises or any other violations of the lease or property rules.
- 30 Day Notice to Vacate – If the tenant does not have a lease, has an expired lease or is on a periodic (i.e. month-to-month) lease, regardless of rent payment frequency.
How to Write an Idaho 3 Day Notice to Vacate
The Idaho 3 Day Notice to 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 incurable breach or violation;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- 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 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
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A tenant or subtenant, assigning or subletting, or committing waste upon, the demised premises contrary to the covenants of his lease, thereby terminates the lease, and the landlord, or his successor in estate, shall, upon service of three (3) days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of such demised premises under the provisions of this chapter.
If any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the premises of the leased property during the term for which the premises are let to the tenant. For purposes of this chapter, the terms “delivery,” “production,” and “controlled substance” shall be defined as set forth in section 37-2701, Idaho Code.
Source Link - 2 ID Code § 6-304
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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.Source Link
- 3 Idaho Rules of Civil Procedure - Rule 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