Updated June 20, 2022
An Idaho 3-Day Notice to Quit (Non-Compliance) form is served to a tenant in default of the lease for other reasons besides the non-payment of rent. The severity of the breach will determine if the tenant will have the ability to remedy the breach. In the event the tenant assigns or sublets, or commits waste upon the premises, the lease will thereby terminate and the tenant will have 3 days to move-out without the possibility of fixing the breach.
The landlord has a few ways to deliver the notice to the tenant. The first choice should be delivering the notice to the tenant personally. If the tenant is absent from their rental unit or their usual place of business, the landlord may leave a copy of the notice with some person of suitable age and discretion at either place. The landlord will also need to send a copy through the mail if the notice is left with another person. If both tenant and no other person can be found, affixing the notice in a conspicuous place on the property in fine but you will also have to send a copy through the mail as well.
Affidavit of Service ( I.C. § 6-304 ) – Must be completed after the notice has been served.
Laws – I.C. § 6-303(3)
How to Write
Step 1 – There are two important steps to successfully serving a tenant. First, as the landlord, you must complete the 3-day notice to quit by filling out the appropriate information. after serving the tenant, you will then complete the Affidavit of Service as proof of delivery.
- Tenant(s) Name
- Address of the residential unit
- Enter the date in which the violation must be cured
- Violation description
- On the bottom, date sign, print name, and enter an address
Step 2 – After completing and serving the notice to the tenant, the landlord must fill out the affidavit of service which will ensure proof of delivery. To complete, have the form witnessed by a notary.
- Enter date served
- Tenant’s name
- Check the box that best describes how the tenant was served (personally, left with another person, or leaving it in a conspicuous place)
- Print name and sign