Evicting a tenant in Idaho requires the landlord to inform the tenant of a breach of lease or that the lease will terminate. In the instance of a breach, the tenant has three (3) days to cure the issue by paying overdue rent and/or rectifying the breach. If the tenant does not respond to the notice to quit, the landlord can begin the eviction process. They must file an Unlawful Detainer Action with the Local District Court, which contains a Complaint and Summons.
How to Evict
- Step 1 – Send Eviction Notice to Tenant
- Step 2 – Wait to Hear from the Tenant
- Step 3 – File in Court
- Step 4 – Set a Hearing Date
- Step 5 – Appear in Court
- Step 6 – File Writ of Restitution
- Step 7 – Repossessing the Property
- Non-Payment of Rent
- Illegal Drug Activity
- Month to Month Tenancy
- Affidavit of Service
The landlord must provide written notice to the tenant of intent to begin the eviction process if the tenant neither leaves the premises nor resolves the breach of their lease agreement. There are three types of notices that a landlord can choose:
- Non-Payment of Rent (3-Day Notice): The landlord uses this notice when the tenant fails to pay rent according to the terms of the lease agreement. They must give the tenant three (3) days to pay all overdue rent before beginning the eviction process.4
- Non-Compliance (3-Day Notice): The landlord uses this when the tenant fails to abide by one or more terms of the lease agreement (other than non-payment of rent). They must give the tenant three (3) days to fix the issue before beginning the eviction process.5
- Waste (3-day Notice): A tenant who commits waste, such as defacing or devaluing the property, may be served an incurable 3-day notice.6
- Illegal Drug Activity (3-day Notice): Illegal drug activity committed by the tenant may incur a 3-day notice which will be served upon the tenant after the offense.7
- Month to Month Tenancy (30-Day Notice): This informs the tenant that they must vacate the property within thirty (30) days because the landlord will terminate the lease agreement upon the end of the lease term.8
Affidavit of Service – This must be completed and included with all of the notice to quit documents listed above.
The landlord must wait three (3) days to give the tenant an opportunity to respond, cure the breach or pay overdue rent. It is preferable to come to a compromise outside of court when possible.
- Average Processing Time: one (1) week to two (2) months
- Filing Fee: $166.00 – $221.003
- Where to File: In person at the local county clerk’s office1
- General Civil Case Information Sheet: This commences a General Civil Law case. File this with the Complaint and Summons.
- Complaint for Eviction: The landlord files this three (3) days after serving the notice to quit. It notifies the tenant they are in default on their rent payment and specifies the amount of rent owed.
- Summons for Eviction: This is filed with the Complaint. It indicates that a legal case has been filed against the tenant.
- Affidavit of Service of Summons and Complaint for Eviction: The process server files this following the delivery of the Complaint and Summons. It confirms that the tenant received all required documents.
If the tenant files an Answer to Complaint for Eviction the court will set a hearing date. The landlord completes their portion of the Judgement for Eviction prior to the hearing date and brings it to court with copies of all other filed documents, the lease agreement and the original notice to quit.
Both parties must appear in court on the established hearing date. If the judge rules in favor of the landlord, they will complete the rest of the Judgement for Eviction, sign it, and file it with the court.
Tenants can win in court based on a number of common tenant defenses. In Idaho, tenants can use the Answer to Complaint for Eviction to deny the complaints against them in the eviction proceedings. They can also claim that the landlord is out of compliance with any of the following responsibilities, among others:2
- Generally maintaining the premises to ensure the tenant’s safety and health
- Maintaining all utility appliances and machinery
- Managing other disruptive tenants on the property (multi-unit properties)
- Providing proper waterproofing and weather protection of the property
- Returning any/all of the security deposit that isn’t used to repair damages on the property caused by the tenant
The landlord completes a Writ of Restitution of Premises upon receiving a favorable verdict. This gives the local Sheriff authority to forcibly remove the tenant from the property.
If the landlord believes it necessary, they can utilize the services of the Sheriff’s department to forcibly remove the tenant and their possessions from the property per the Writ of Restitution.