Idaho Eviction Notice Requirements

Idaho's unlawful detainer statute, Idaho Code § 6-303, uses short notice periods. For unpaid rent, the landlord serves a three-day written notice demanding the amount due or possession of the property. For a lease violation that can be fixed, a three-day notice to perform or quit gives the tenant three days to comply and save the lease. A month-to-month tenancy, as a tenancy at will, can be ended with written notice of not less than one month under Idaho Code § 55-208.

The notice should be in writing, name the tenant and the property, state the exact rent due or describe the violation, and give the deadline. A rent notice must also tell the tenant that if a court enters judgment against them, a residential tenant will have 72 hours to remove belongings. Under § 6-304, notice is served by handing it to the tenant, by leaving it with a person of suitable age at the home or business and mailing a copy, or, if no one can be found, by posting it, mailing a copy and delivering one to anyone living there.

If the tenant doesn't pay, cure or leave, the landlord files an unlawful detainer case in court. For nonpayment cases, the court schedules a trial within 12 days of filing. Taking back the unit goes through this court process: after judgment, the residential tenant has 72 hours to remove belongings, and then the sheriff restores possession to the landlord by removing the tenant under a writ of restitution.