Updated August 18, 2022
An Idaho eviction notice is a letter given by a landlord seeking to notify a tenant of a lease infraction. If the tenant does not cure the issue by the end of the notice period, the tenant may be subject to an eviction lawsuit (unlawful detainer). Sending an eviction notice to a tenant is the first step in the eviction process.
By Type (3)
3-Day Notice to Quit (
Non-Payment of Rent
)
– This form is used when the tenant has failed to pay rent in accordance with the terms of the lease. The landlord must give the tenant 3 days to pay before eviction proceedings are begun.
Download: Adobe PDF
3-Day Notice to Quit (
Non-Compliance
)
– This form is used when the tenant has failed to abide by the terms of the lease other than for non-payment of rent. The landlord must give the tenant 3 days to fix the breach before beginning eviction proceedings.
Download: Adobe PDF
30-Day Notice to Quit (
Month-to-Month Tenancy
)
– This form is used to inform a tenant that they must vacate the premises at the end of thirty days because the landlord does not intend to renew the lease.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace Period: No statutorily defined grace period.
- Non-Payment of Rent: 3 days. § 6-303(2)
- Non-Compliance: 3 days. § 6-303(3)
- Termination (Month-to-Month Lease): 30 days. § 55-208
- Eviction Lawsuit: Forcible Entry and Unlawful Detainer. § 6-301 through § 6-324
Court Forms
General Civil Case Information Sheet – This document is filed with the Court Clerk along with the Complaint and Summons. It commences a General Civil Law case.
Complaint for Eviction – This document is used when the tenant has not vacated following the 3-day notice to quit. If they have not paid their rent, this Complaint should be completed to indicate that the tenant is in default and to relay the amount of money they owe.
Summons for Eviction – The Summons is completed alongside the Complaint, filed with the Court Clerk, and served on the tenant to indicate that a case is being filed against them.
Affidavit of Service of Summons and Complaint for Eviction – This affidavit is prepared by the process server following the delivery of the Summons and Complaint to indicate that the tenant received the documents.
Answer to Complaint for Eviction – The Answer allows the tenant to deny or admit to the claims made against them.
Judgment for Eviction – The landlord should prepare their portion of the document prior to trial. If the court rules in favor of the plaintiff (the landlord/owner) the judge will complete the remainder and, once signed, the document will serve as definitive proof that the possession of the property is to be returned to the landlord.
Writ of Restitution of Premises – The landlord can complete this document following a verdict in their favor. If the plaintiff deems it necessary, the Writ of Restitution will give the authority to the Sheriff’s department to physically remove the tenant from the premises.
When is Rent Late?
Rent is late when it has not been received by the landlord by the date due as set forth in the lease. However, when a landlord gives written notice of the failure to pay rent, he or she must give the tenant three (3) days to pay before beginning the eviction process.
How to Evict (Process)
Step 1 – Depending on the issue, the landlord must provide notice to the tenant of his or her intention of beginning the eviction process if the tenant does not either move out or fix the problem. If the tenant has failed to pay rent, the landlord can use a 3-Day Notice to Quit (Non-Payment of Rent) . If the tenant has failed to abide by the terms of the lease, the landlord can use a 3-Day Notice to Quit (Non-Compliance) . If the landlord wants to end a month-to-month tenancy, the landlord can use the 30-Day Notice to Quit (Month to Month Tenancy) .
Step 2 – If the tenant does not respond to the notice and continues to live at the premises, the landlord may begin eviction proceedings, called an unlawful detainer, by filing a Summons and Complaint with the Local District Court and paying the filing fee of $166. In addition, Landlord will have to provide an Affidavit of Service certifying that the landlord provided the required notice to the tenant. The landlord must have these served by a process server on the tenant. These forms are for an expedited eviction, which would not include damages for back rent. If the landlord wants to obtain damages, he or she must file a separate case in small claims court or district court, depending on the amount owed.
Step 3 – The tenant has five days to respond to the summons and complaint. The landlord must provide to the court an Affidavit of Service of Summons and Complaint certifying that the summons and complaint were properly delivered to the tenant by a process server and a filled out Judgment for Eviction for the judge to sign. The judge will sign if the landlord prevails in court or if the tenant fails to respond to the complaint and summons.
Step 4 – If the landlord needs a sheriff to assist with the eviction after he or she has obtained a Judgment for eviction, he or she can prepare a Writ of Restitution . This will have to be filled out and signed by the clerk of the court. The landlord may then provide the writ to the sheriff and they will evict the tenant.
Video
How To Write (Notice To Quit)
1 – Gather the Paperwork
You will need to have at least two documents in order to fill out this form: the Lease in focus and a blank Idaho Notice to Quit form. The form may be downloaded on this page through the PDF, ODT, and Word buttons presented with the image on the right.
2 – Document Recipient Name
On the blank line just below the document title, enter the Full Name of the individual this Notice will concern itself with.
3 – Property Location
The Address of the Rental Property must be reported in the opening statement. The facts here must match those in the Lease being referred to. On the first blank space, enter the Property City. The second blank space requires the Property County filled in. The third blank space must have the Property Zip Code reported. The fourth blank space will need the Property’s Building Number and Street to be documented. If there is a Property Apartment Number or Unit Number, this must be entered in the last blank space of the opening statement.
4 – Lease Signature Date
The second statement of this form will need the Signature Date of the Lease being referred to be listed. Enter the Lease’s Signature Calendar Date of the Month on the blank space after the words “signed on the…” Then on the space after the phrase “day of…” enter the Month of the Lease’s Signature Date. Finally, on the space after “20,” enter the Year of the Lease’s Signature Date.
5 – Select the Purpose
You will need to provide a reason for issuing a Notice. That is, what are you informing the intended recipient of.
If the recipient is a Tenant who was financially negligent with his rent payments, then select the checkbox for the first checkbox. Report the Name of an Authorized Agent to receive any past due amounts, in case the undersigned is unavailable, in this statement. Also, document the Amount Owed and the Time Period that is delinquent. This statement will declare the Tenant has three days to supply the Overdue Payment for this Time Period or return the Rental Property to the Landlord.
If the recipient is a Tenant who has not upheld the requirements of the Lease or has simply been noncompliant with its terms, then select the second checkbox and cite the exact breach of contract on the blank space. This statement will declare the Tenant must correct the situation and comply with the Rental Agreement in three days or return the Rental Property to the Landlord.
If the recipient is a Tenant who must be given Thirty Days’ Notice the Month to Month Tenancy he or she participates in will terminate, then select the third checkbox. Report the appropriate Date of Termination using the three blank spaces following the term “terminated on the.”
If the recipient is a Landlord who must be given Thirty Days’ Notice the Month to Month Tenancy he or she participates in will end, then select the fourth checkbox. Also enter the Calendar Date, Month, and Year of the Lease’s Termination on the blank spaces in this statement.
6 – Noncompliance Warning
The paragraph following the previous sections must be read and Signed by the Landlord or issuing Landlord Agent.
7 – Service of Notice
It is important to be able to verify the receipt of this document to the intended recipient. The Delivery Agent will need to provide such verification by indicating several facts then providing a binding Signature. In the last section, the Delivery Agent will need to report the Date he or she affected Delivery and to whom it was delivered to in the first statement. Additionally, the Delivery Agent will check the first checkbox present to indicate the Notice was delivered successfully to the intended recipient, the second check box if the Notice was entrusted to a reliable member of the intended recipient’s household or a co-worker where the intended recipient is employed, or the third checkbox if a personal delivery was not possible and the Notice was mailed to the intended recipient using First Class Mail. The Delivery Agent should only Sign this document once Delivery is complete.
