The Eviction Process in Idaho: Rules for Landlords and Property Managers

In Idaho, evictions are governed by Idaho statutes. When a landlord wants to evict a tenant, the landlord must file an eviction lawsuit (also called a forcible entry and unlawful detainer suit) with the court. Landlords must carefully follow the rules and procedures or risk having their eviction suit thrown out of court.

Notice for Termination With Cause

If a landlord wants to evict a tenant, the landlord must have legal cause. Idaho statutes define legal cause as, among other things, failing to pay rent, violating the lease or rental agreement, or seriously damaging the rental unit. To evict the tenant for one of these reasons, the landlord must first terminate the tenancy. The landlord does this by giving the tenant written notice.

The type of notice required depends on the reason for the eviction.

• 3-day notice to pay rent or quit: If the tenant fails to pay rent when it's due, the landlord can give the tenant a written 3-day notice to pay rent or quit (move out). This notice must inform the tenant that they have three days to either pay rent or move out of the rental. The notice must also state that if the tenant loses the eviction lawsuit, they will have 72 hours to remove their belongings from the rental before the landlord has the right to remove them. The notice must be served on the tenant within one year after the rent becomes due. If the tenant doesn't comply with the notice, the landlord can file an eviction lawsuit. (Idaho Code § 6-303(2) (2024).)
• Three-Day Notice to Perform or Quit: If the tenant violates the lease or rental agreement, the landlord can give the tenant a written 3-day notice to perform or quit. The notice must inform the tenant that they have three days to either comply with the lease or rental agreement or move out. If the tenant doesn't comply with the notice, the landlord can file an eviction lawsuit. (Idaho Code § 6-303(3) (2024).)
• Three-Day Notice to Quit: If the tenant seriously damages the rental or assigns or sublets it without permission, the landlord can give the tenant a 3-day notice to quit, without any chance to remedy the situation. If the tenant doesn't move out of the rental within the three days, the landlord can file an eviction lawsuit. (Idaho Code § 6-303(4) (2024).)
• No Notice Required: Under Idaho law, there are a few situations when the landlord doesn't have to give the tenant any notice before filing an eviction lawsuit:
  • If the tenant has violated the lease or rental agreement, but there isn't anything the tenant can do to fix the breach, the landlord doesn't have to give the tenant notice before filing an eviction lawsuit. (Idaho Code § 6-303(3) (2024).)
  • If the tenant is or has been engaged in production of or use of drugs at the rental, the landlord doesn't have to give the tenant notice before filing an eviction lawsuit. (Idaho Code § 6-303(5) (2024).)

Notice for Termination Without Cause

If a landlord wants a tenant to move out of the rental unit but doesn't have legal cause to evict the tenant, the landlord has to just wait until the term of the tenancy has ended before expecting the tenant to move. In some cases, the landlord will still need to give the tenant written notice to move.

Month-to-Month Tenancy

If the landlord wants to end a month-to-month tenancy but doesn't have legal cause to evict the tenant, the landlord can give the tenant a 30-day notice. This notice must inform the tenant that the month-to-month tenancy will end at the end of 30 days and that the tenant must be moved out of the rental unit by that time. If the tenant doesn't move out of the rental unit by that time, then the landlord can file an eviction lawsuit. (Idaho Code § 55-307 (2024).)

Fixed-Term Lease

If the landlord wants a tenant with a fixed-term lease to move but doesn't have legal cause to evict the tenant, then the landlord will just have to wait until the lease has expired before expecting the tenant to move. The landlord doesn't need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so. If the tenant doesn't move out by the end of the lease term, the landlord should stop accepting rent from the tenant and file an eviction lawsuit.

Tenant Defenses to Eviction

Although a landlord has legal cause to evict a tenant, the tenant can still decide to fight the eviction. The tenant might have a valid legal defense to the eviction, such as the landlord not maintaining the rental unit or discriminating against the tenant. If the tenant fights the eviction, this could increase the costs of the eviction lawsuit and allow the tenant more time to remain living in the rental unit.

Removal of the Tenant

The only way for a landlord to remove a tenant from a rental unit is by going to court and winning an eviction lawsuit against the tenant. Even after winning the eviction lawsuit, the landlord cannot personally evict the tenant. The eviction must be performed by a law enforcement officer with a court order. If the landlord ever tries to force the tenant to move out of the rental unit, the tenant can sue the landlord for an illegal eviction.

If the landlord wins the eviction lawsuit, then the court will set a date by which the tenant must move out of the rental unit. If the tenant does not move out of the rental unit by that date, then a sheriff will come to the property and remove the tenant. If the tenant has moved out but has left behind personal belongings (other than trash), then only the sheriff is allowed to remove those belongings. The landlord must not remove the personal property or dispose of it. The sheriff will store the belongings in a safe place and try to contact the tenant to collect the personal property.

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by Idaho law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.