Idaho Eviction Notice Forms

An Idaho eviction notice is a written notice a landlord serves on a tenant to end a tenancy. Landlords use it for nonpayment of rent, a lease violation, or to end a tenancy at will, before filing an eviction case in court. Idaho law sets the notice period for each situation and gives the tenant a chance to fix the problem or move out first.

Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Idaho law. If you notice an error or outdated information, please contact us.

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The notice is not the eviction itself. It gives formal warning of the default under the lease and starts the clock Idaho law requires before the landlord can go to court.

Idaho Eviction Laws

Idaho eviction notices fall under Idaho Code § 6-303, which sets a three-day notice period for nonpayment of rent and for most lease violations. The notice must be in writing, state the reason for the eviction, and give the tenant three days to pay what is owed, fix the violation, or move out before the landlord can file an eviction case in court.[1]

Three related rules apply to a nonpayment or lease-violation notice:

  • The landlord may demand the exact amount due, or possession of the property, in the written notice.[1]
  • The landlord can serve this notice any time within one year after the rent becomes due.[1] Counting the three-day window is easier with FormsPal's deadline calculator.
  • The tenant, a subtenant living on the property, a mortgagee, or another person with an interest in the lease has three days after service to pay what is owed or fix the violation and keep the lease in force.[1]
  • If a subtenant is actually living on the property, the landlord must serve the notice on that subtenant too.[1]

If the tenant does not pay, fix the violation, or move out during the notice period, the landlord can start the eviction process by filing a case in court. Idaho law does not let a landlord remove a tenant or take possession of the property on their own. Only a court can order that.[2]

Idaho law also gives tenants a remedy. A tenant may sue the landlord for damages and specific performance for failing to provide reasonable waterproofing and weather protection, failing to maintain the electrical, plumbing, heating, and similar facilities the landlord supplies, or failing to install approved smoke detectors, and in an action exclusively for specific performance the court must schedule the trial within 12 days of the filing of the complaint, with service at least 5 days before trial (Idaho Code § 6-320(a)). This early trial rule does not apply when the tenant also claims damages.[3]

Idaho Eviction Notice Laws Details

Rent Grace Period Not defined by statute
Notice of Non-Payment 3 days
Notice of Non-Compliance 3 days
State Law Idaho Code §§ 6-301 to 6-324 (notice rules in § 6-303)[1] and § 55-208 (tenancy at will)

Eviction Notice Types Used in Idaho

Idaho uses different eviction notices depending on why the landlord wants the tenant to leave. Nonpayment of rent and most lease violations get a three-day notice with a chance to fix the problem. Nuisance, waste, or a lease violation like an unauthorized sublet gets a three-day notice to quit, and ending a tenancy at will requires its own written notice under the state's civil code. Whichever eviction notice applies, how the tenant responds decides what happens next in the eviction process.

An Idaho eviction notice is also called a notice to quit or a notice to vacate. All three names refer to the same document.

  • Three-day notice for nonpayment of rent. States the amount owed and demands payment or possession of the property within three days.[1] If the tenant does not pay or leave, the landlord can move forward with the eviction process.
  • Three-day notice to cure or vacate. Used for lease violations other than nonpayment. The tenant, a subtenant, a mortgagee, or another interested person has three days to fix the violation and keep the lease.[1] Otherwise, the landlord can file for eviction once the three days pass.
  • Three-day notice to quit for waste or an unauthorized sublet. A tenant who commits waste on the property, or who assigns or sublets it against the lease, ends the lease and must leave after three days' notice.[1] The tenant then has three days to leave before the landlord can start a court case for possession of the property.
  • Notice to terminate a tenancy at will. Idaho law requires this type of tenancy to be ended with written notice under the state's civil code before an eviction case can be filed.[1] The landlord's written notice must give the tenant not less than one month to move out, and a tenant ends the tenancy with written notice of a vacating date not less than one month away (Idaho Code § 55-208).[4] Once the notice period ends, the landlord can begin the same eviction process used for other Idaho evictions.
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Eviction Process in Idaho

Evicting a tenant in Idaho runs through the court. State law sets how the landlord starts the case, what happens after filing, and how the eviction process moves forward from there.[2]

Filing begins only after the landlord serves the correct notice and the notice period runs out without the tenant paying, fixing the violation, or moving out.

Idaho law routes an eviction through the courts. A landlord cannot remove a tenant, change the locks, or take a tenant's belongings without a court order.[2]

  1. Serve the notice. The landlord delivers the written notice for the reason that applies, whether that is nonpayment, another lease agreement violation, or termination of a tenancy at will. In practice, landlords often use hand delivery or certified mail so they have proof the notice reached the tenant.
  2. File a complaint. If the tenant does not comply within the notice period, the landlord files a complaint for possession with the court. Filing opens the eviction case and puts the tenant on notice that the landlord is seeking possession of the property.
  3. Summons and service. Once the complaint is filed, the court must issue a summons, and it is served on the tenant the same way as in other civil cases.[2] The summons tells the tenant when and how to respond to the eviction case.
  4. Hearing and judgment. Both sides present their evidence at the trial. If the court finds for the landlord, it enters judgment for restitution of the premises, and if it finds the complaint untrue, it enters judgment against the landlord for costs (Idaho Code §§ 6-311A and 6-316(1)).[5]
  5. Writ of possession. If the court rules for the landlord and the tenant still does not leave, the court can issue a writ authorizing a sheriff to remove the tenant from the property. A residential tenant has 72 hours by statute to remove belongings, and the sheriff restores possession to the landlord once those 72 hours have passed and three days after the court's finding (Idaho Code § 6-316(2)).[5] The writ is what lets law enforcement carry out the eviction and return possession of the property to the landlord.

Each step of the Idaho eviction process builds on the one before it. A landlord cannot skip the notice and go straight to court, and a court cannot order possession returned to the landlord without a hearing where the tenant has a chance to respond.[2] Keeping a copy of the served notice, along with clear proof of exactly when and how it was delivered to the tenant, is a practical habit that helps the landlord if the eviction case later goes to court.

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Yes. Idaho Code § 6-303 sets a three-day notice period for nonpayment of rent, requiring the notice to be in writing, state the amount due, and demand payment or possession of the property.[1] The same three-day period applies to most other lease violations, giving the tenant a chance to fix the issue or move out before the landlord can file suit.

Published: Jul 25, 2024

Frequently Asked Questions

What Are the Rules for Eviction in Idaho?

Idaho landlords must give written notice before filing an eviction case, and the length of that notice depends on the reason. Nonpayment of rent and most lease violations get three days' notice, waste or an unauthorized sublet gets a three-day notice to quit, and ending a tenancy at will requires notice under the state's civil code. Any subtenant living on the property must be served too.[1] After the notice period runs out, the case moves through the court, starting with a filed complaint and a summons.[2]

General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Idaho Code.

  1. Idaho Code § 6-303.
  2. Idaho Code § 6-310.
  3. Idaho Code § 6-320.
  4. Idaho Code § 55-208.
  5. Idaho Code § 6-316.
Jennifer M. Settles
Jennifer M. Settles
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With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.

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