An Idaho eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Idaho landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Idaho Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 3 Day Notice To Quit | Unpaid Rent | Yes |
| 3 Day Notice To Comply or Vacate | Lease Violation | Yes |
| 3 Day Notice To Vacate | Illegal Activity | No |
| 30 Day Notice To Vacate | End of / No Lease | No |
Idaho 3 Day Notice To Quit
An Idaho 3 Day Notice To Quit evicts a tenant for nonpayment of rent. In Idaho, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within within three (3) calendar days.
Idaho 3 Day Notice To Comply or Vacate
An Idaho 3 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant may get a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
The tenant must take appropriate corrective action, or else move out within three (3) calendar days of receiving notice.
Idaho 3 Day Notice To Vacate
An Idaho 3 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action. For example, a notice to quit for illegal activity is never curable, since illegal actions are against the community and can’t be restored through compensation to the landlord. The tenant must move out within three (3) calendar days of receiving notice.
Idaho 30 Day Notice To Vacate
An Idaho 30 Day Notice To Vacate terminates a rental agreement, regardless of length or rent payment frequency, including an expired lease or a situation with no written lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
How To Write an Eviction Notice in Idaho
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in Idaho
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
How To Serve an Eviction Notice in Idaho
Idaho landlords may deliver an eviction notice 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 Idaho Appellate Rule 22. Computation of Time.
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Idaho Appellate Rule 22. Computation of Time.
In computing the time period prescribed or allowed for the filing or service of any document in these rules, the day of the act or event after which the designated period of time begins to run is not to be included, but the last day of the period so computed is to be included unless it is a Saturday, Sunday or a non-judicial day, as defined in Section 1-1607, Idaho Code, in which event the period runs until the end of the next day which is neither a Saturday, Sunday or a non-judicial day as defined in Section 1-1607, 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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