An Idaho eviction notice form for nonpayment of rent is a written document that states a tenant has 3 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Idaho.
Types of Idaho Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
| Grounds | Time | Curable? |
|---|---|---|
| Unpaid Rent | 3-Day | Yes |
| Lease Violation | 3-Day | Maybe |
| Lease Termination | 30-Day | No |
| Waste Violation | 3-Day | No |
| Illegal Drug Activity | 3-Day | No |
3-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Idaho law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the rental agreement.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 3 days to avoid eviction.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should include the total amount of past-due rent owed and that if the rent is not paid, the tenant will lose possession of the rental unit.
The notice should also include a statement that if a judgment is entered in favor of the landlord, the tenant will have 72 hours to recover their possessions from the rental unit before they are removed by the landlord.
Get the downloadable 3-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
3-Day Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Idaho if they do not uphold their responsibilities under the terms of a written lease or rental agreement.
Idaho landlords must provide tenants with a 3-Day Notice to Comply, giving the tenant 3 days to correct the issue to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people reside in the rental unit, having a pet when there’s a no-pet policy, and subleasing the rental unit if the lease or rental agreement prohibits it.
For lease violations that can’t be corrected by the tenant, the landlord only needs to provide a 3-Day Notice to Quit.
If the tenant fails to correct the issue by the deadline and remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include:
- The specific lease violation(s).
- What the tenant can do to remedy the violation.
- That the tenant will forfeit possession if the tenant doesn’t correct the issue.
30-Day Lease Termination Notice (No Lease/ End of Lease)
In the state of Idaho, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
Regardless of the length or type of tenancy, landlords must give tenants 30 days’ written notice prior to beginning eviction proceedings.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 30-Day Lease Termination Notice form template below (.pdf direct link).
3-Day Notice to Quit (Waste)
Tenants who commit waste in a rental unit must be given a 3-Day Notice to Quit, giving the tenant 3 days to move out of the rental unit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 3-Day Eviction Notice for Waste form template below (.pdf direct link).
3-Day Notice to Quit (Illegal Drug Activity)
Tenants who are involved in illegal drug activity must be given 3 days’ written notice before the landlord can proceed with an eviction action.
Illegal drug activity includes:
- Unlawful delivery of a controlled substance.
- Production of a controlled substance.
- Use of a controlled substance.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The eviction notice should include the date the tenancy will terminate.
Get the downloadable 3-Day Eviction Notice for Illegal Drug Activity form template below (.pdf direct link).
What to Include in Idaho Eviction Notices
The type of information required on an Idaho eviction notice varies based on the reason for the eviction. The specific requirements are addressed under each eviction type below. In addition, it’s also a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in Idaho
In the state of Idaho, landlords can deliver an eviction notice by any of the following methods:
- Giving it to the tenant in person;
- Leaving a copy with someone at the rental unit of “suitable” age and discretion AND mailing a copy to the tenant; or
- Posting a copy of the notice at the rental unit if the tenant cannot be found AND leaving a copy with someone at the rental unit AND mailing a copy to the tenant.
Note that using certified mail is not required under Idaho law.
Eviction Process in Idaho
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- Hearing is held and judgment issued.
- If an eviction is granted, a Writ of Possession is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Idaho, click here.
