An Idaho 3 Day Notice To Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for an “incurable” breach of the lease (i.e., one which the tenant is not allowed an opportunity to correct), such as causing substantial property damage. The tenant must move out within three (3) calendar days of receiving notice.
When To Use an Idaho 3 Day Notice To Vacate
An Idaho 3 Day Notice To Vacate begin the eviction process against a tenant for the following violations:
- Committing waste (actions which damage or destroy the value of the rental property)
- Causing substantial property damage
- Involvement in in the unlawful sale, possession or use of controlled substances
- Engagement in any other unlawful activity
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 Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis for terminating the tenancy
- 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 Vacate
Idaho landlords may deliver a Notice To 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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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 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.
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