An Idaho eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Idaho, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Idaho Eviction Notice Forms
|3 Day Notice to Quit||Unpaid Rent||Yes|
|3 Day Notice to Comply or Vacate||Lease Violation||Yes|
|3 Day Notice to Vacate||Incurable Breach||No|
|30 Day Notice to Vacate||Ending a Lease / No Lease||No|
Idaho 3 Day Notice to Quit
An Idaho 3 day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to pay the balance due, otherwise the tenant must move out and deliver possession of the premises within three (3) calendar days.
Idaho 3 Day Notice to Comply or Vacate
An Idaho 3 Day Notice to Comply or Vacate form is used for an eviction for a curable violation of the lease. Examples of lease violations are violating health/safety rules, having unauthorized pets on the premises or refusing to allow the landlord access to the rental unit. The tenant has the option to fix the lease violation, otherwise the tenant must vacate the premises within three (3) calendar days.
Idaho 3 Day Notice to Vacate
An Idaho 3 Day Notice to Vacate form is used for an eviction for an incurable breach of the lease, such as substantial property damage or possession of controlled substances. There is no option for the tenant to fix the violation and the tenant must move out and deliver possession of the premises within three (3) calendar days.
Idaho 30 Day Notice to Vacate
An Idaho 30 Day Notice to Vacate is used to end a lease, regardless of length or rent payment frequency. This lease termination letter may also be used as a notice of non-renewal of a lease, for tenants with no written lease or for tenants with an expired lease. Either party shall deliver the lease termination letter at least thirty (30) calendar days prior to the end of lease or before the termination date set forth in the notice.
How to Write an Eviction Notice in Idaho
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Idaho
Eviction notices take effect the day after they are served. All days are counted during the notice period. However, if the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day (not counting weekends or legal holidays).
How to Serve an Eviction Notice in Idaho
A landlord can deliver notices in Idaho using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion at the property AND mailing the notice by certified or registered mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add three (3) additional calendar days to the notice period to account for variability in post office delivery times.
- 1 Idaho Appellate Rule 22. Computation of Time.
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 ID Code § 6-304
6-304. SERVICE OF NOTICE. The notices required by the preceding section 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 Rules of Civil Procedure - Rule 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