An Idaho 30 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a lease, regardless of length or rent payment frequency. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use an Idaho 30 Day Notice To Vacate
An Idaho 30 Day Notice To Vacate serves as a notice of non-renewal for a lease, and also terminates the following types of tenancy:
- A lease, regardless of length or rent payment frequency
- An expired lease
- A rental with no written lease where the tenant pays rent on a monthly basis
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 30 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 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 30 Day Notice To Vacate
Idaho has slightly different standards for delivering a Notice To Vacate, depending on whether the notice is served to a landlord, versus to a tenant.
Serving a Notice To Vacate to a Landlord in Idaho
Idaho law is not specific on methods for serving a Notice To Vacate to a landlord, which means a tenant may use any reasonable method which effectively delivers the notice. The following methods, which apply to notice of noncompliance to a landlord, represent the legal gold standard:
- Hand delivery to the landlord or landlord’s agent
- Hand delivery to an employee at the landlord (or agent)’s usual place of business
- Delivery to the landlord or agent through certified mail with return receipt requested
Serving a Notice To Vacate to a Tenant in Idaho
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 § 55-208
-
By the landlord’s giving notice in writing to the tenant, in the manner prescribed by the code of civil procedure, to remove from the premises within a period of not less than one (1) month, to be specified in the notice; or
By the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice.
Source Link - 2 ID Code § 55-307
-
In all leases of residential property, or of any interest therein, the landlord shall provide the tenant written notice of any increase in the amount of rent charged or of the landlord’s intention of nonrenewal of the lease at least thirty (30) days before:(a) Such nonrenewal of the leaseSource Link
- 3 Idaho Code § 6-323
-
The notice required by section 6-320(d), Idaho Code [notice by the tenant, to the landlord, regarding noncompliance], shall be served either:(1) By delivering a copy to the landlord or his agent personally; or(2) If the landlord or his agent is absent from his usual place of business, by leaving a copy with an employee at the usual place of business of the landlord or his agent; or(3) By sending a copy of the notice to the landlord or his agent by United States Postal Service certified mail, return receipt requested.Source Link
- 4 Idaho Code § 6-304
-
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
- 5 Idaho R. Civ. P. 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.
Source Link
