Customize an Idaho eviction notice based off cause (above) and read further to learn about what happens AFTER a notice is posted, how long the eviction process takes and other aspects of Idaho eviction law.
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What’s an Eviction Notice?
An eviction notice is a legal form of disclosure that lets a tenant know that they are in clear violation of their lease agreement, and either need to correct the issue or vacate the premises. If the tenant fails to take action after proper legal notice is given, the landlord may evict the tenant. When a landlord provides written legal notice to a tenant to correct a violation of the lease agreement, it is referred to as a “Notice to Quit.”
Not every legal relationship works out, and when the relationship between the lessor and the lessee becomes strained, it can be grounds for the lessor to begin the process of eviction. Once started, the lessee can opt to remedy the situation by ensuring that whatever deleterious behavior is quickly rectified so that the relationship can be mended.
One of the first steps in the process is for the landlord to deliver to the tenant a Notice to Quit document, which establishes that the letter of the lease has been in some way violated. Here are a few common reasons to file one of these documents:
- The tenant isn’t paying rent on time: For a wide variety of reasons, a tenant may not always be able to pay rent on time. Even though this is the case, one of the cornerstones of a rental relationship is the timely payment of the rent. For this reason, the Notice to Quit document can be filed in order to bind the tenant to legally pay what’s owed or vacate. The initial period for repayment is three days.
- The tenant has been damaging the property: Due to accidental or willful destruction of the property, the landlord may opt to proceed with eviction proceedings for troublesome tenants. In some cases, the landlord may be willing to rescind this, but the tenant may have to pay damages.
- The tenant is engaging in illegal activity: If the tenant is doing or selling drugs or engaging in other potentially illegal activities, these activities are grounds for a legal eviction. When an illegal activity has been reported, there’s no need for any form of notice in the state of Idaho.
- The tenant is violating more specific lease terms: Leases are essential guidelines for any legal lessee/lessor relationship, and violators of this agreement can quickly be evicted. For instance, if a tenant has an unreported dog or cat in a building that doesn’t allow for pets, then he or she can be evicted. Also, behaviors like hoarding, which can cause property damage, can also be grounds for eviction in the state of Idaho.
Once any of these behaviors are noted, the landlord can then file a notice. If the tenant doesn’t obey the rules of the Notice to Quit and refused to appear in court, then he or she can be forcefully evicted from the premises. If the renter opts to rectify the situation, then the owner can rescind the intent to evict, and the relationship can be repaired.
When is Rent Considered Late by the State of Idaho?
As with many states, rent in Idaho is considered to be late on the day after it’s stated to be due on the lease agreement. It’s not uncommon in the state for a landlord to grant a grace period where the tenant won’t have to pay a late fee. In Idaho, the landlord is required to wait at least three days after the rent due date to begin eviction proceedings.
Types of Eviction Notices in Idaho
Unlike other states, Idaho only has three-day notices for those that are in danger of eviction. These three-day notices can be either for failure to pay rent (non-payment) or for failure to obey the lease agreement (non-compliance). Here’s a breakdown of the three-day notice:
A Three-Day Notice to Quit
With a three-day notice, the landlord sends the notice to alert the renter that the tenancy is at risk as a result of non-payment or non-compliance. In both cases, the answer to the notice is clear: correct the situation or vacate. In most cases, the renter will have to appear in court to indicate that he or she understands that the tenancy is at risk and that he or she will need to remedy the situation.
The Month-to-Month Notice to Quit
When there is a month-to-month lease, the process is somewhat different. There doesn’t necessarily have to be a lease violation since these tenancies effectively end every month and are renewed the following month. Still, if this Notice to Quit is being provided, then the landlord must grant a period of 30 days for the tenant in the state of Idaho.
The Process
After either the non-compliance or non-payment Notice to Quit document has been tendered to the tenant, then the tenant will have the option to either move out or rectify the situation. If the tenant fails to pay or comply but stays in the unit, then eviction proceedings can commence. At this point, the landlord must file a complaint and a summons at the local district court in the county of the property. This will cost a fee of $166 for filing. In addition to this, the landlord will also have to file an Affidavit of Service indicating that the notice has been incontrovertibly delivered to the tenant. In Idaho, this means that the notice must be served by a process server.
After it has been served, the tenant has five days to respond. After the court date, the judge will determine if there will be a Judgment of Eviction against the tenant. Sometimes, a tenant will resist the order to vacate, and when this happens, the landlord can have the sheriff department assist in the forcible eviction of the tenant from the property using a Writ of Restitution.
How to Write a Notice to Quit in Idaho
A Notice to Quit requires that the landlord have all of the pertinent information available for both the tenant and the courts, so there are some reasonably important sections to include. Here are a few things to consider:
Have Copies of all of the Appropriate Paperwork
There’s going to have to be a relatively comprehensive amount of paperwork to include with one of these documents. Here are a few things that a landlord will need:
- A copy of the original lease.
- Documents noting a failure to pay rent.
- Noise complaints.
- Any written agreements from the tenant.
Any document that can help paint a picture for the courts can help expedite the process significantly.
The Intended Recipient
Once all of the records have been collected, the notice will need to first include the name of the intended recipient. For the sake of clarity and consistency, the name of the tenant needs to be written in the exact same way as it was written in the original lease. Also, this information is useful because it provides the process server with the name of the legal recipient.
Establish of the Property Location
Next, the address of the location should be provided. Not only does this mean that the document will need the street address, but the unit number, county, and zip code should also be provided. It’s also a good idea to ensure that this information is provided in a similar manner as it was provided on the original lease.
Define the Rental Agreement
Beginning with the phrase, “Lease agreement signed on…,” the precise date that the lease was signed should be included in the next section. This will need to include the year of the signing as well.
Define the Reason for the Notice
As mentioned, these Notice to Quit forms are typically designed for situations where the tenant hasn’t been paying or is in non-compliance with some of the rules established in the lease agreement. In the state of Idaho, when writing one of these, the landlord should create them individually for the three-day notice. This means creating a non-payment notice and a non-compliance notice separately. Here’s how each should appear:
- Non-payment: If the tenant is behind in rent, then three days must be provided before one of these notices can be served. The document can start with, “Within three days, you shall pay to the undersigned or an authorized agent the amount of…” For this section, include both the numerical value of the missed rent as well as the written-out value. Additionally, it’s important that the period for which the rent is delinquent be noted here as well.
- Non-compliance: For tenants that are deemed to be non-compliant, they must have in some way violated the terms of the lease. This document should start with, “Within three days, remedy the violation described as…” and afterward, the violation should be clearly stated. Just about any violation of the rental terms established in the original document can be considered a form of noncompliance. The renter can opt to remedy any of the noncompliant behaviors.
- End of Month-to-Month Tenancy: In addition, if a month-to-month tenancy is coming to an end, then one of these documents can be filed in the same way. Either the tenant or the landlord can file this way, and they should begin with either, “I am your tenant and the landlord’s official notice that the lease shall be terminated on…” or “I am your landlord and the tenant’s official notice that the lease shall be terminated on…” After the statement, the date will need to be provided for move-out. It’s important to note that Idaho requires a 30-day notice for both parties.
Verification Signature
Once all of the information has been collected and provided, both parties will have to sign, print their name, and date the document. Since Idaho requires a process server, they will also need to sign and date the document that the notice was served to the tenant.
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