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Pay or Quit – Sent when rent has not been paid. It warns the tenant that eviction may follow.
Cure or Quit – Used when lease rules are broken. The notice explains how to fix the problem.
Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a rental that renews monthly. Notice must be given ahead of time.
Notice to Quit for Illegal Activity – Delivered when illegal actions occur on the premises. Often moves quickly toward eviction.
Eviction Laws
- Rent Grace Period: No statutorily defined grace period.[1]
- Non-Payment of Rent: 3 days.[1]
- Non-Compliance: 3 days.[2]
- Termination (Month-to-Month Lease): 30 days.[3]
- Eviction Lawsuit Type: Forcible Entry and Unlawful Detainer.[4]
- Utility Shutoff – Landlords are required to keep essential services such as electricity, plumbing, and other necessary utilities in good working order. Interrupting utilities to force a tenant out is not permitted under Idaho law.[5]
- Changing the Locks – Idaho does not allow self-help evictions. A landlord may not change locks or otherwise lock a tenant out of the unit without a court order.
How to Evict a Tenant in Idaho (Step-by-Step)
Step 1: Provide Written Notice to the Tenant
The landlord must notify the tenant in writing and allow the required time to comply.
Step 2: File Summons and Complaint with District Court
If the tenant does not comply, the landlord may file a Summons and Complaint with the local District Court and pay the filing fee of $166.[6]
The landlord must also certify that the notice was properly served. These filings are typically used for expedited possession cases and do not include claims for unpaid rent damages, which must be pursued separately.
Step 3: File Affidavit of Service and Proposed Judgment
The tenant has five days to respond after being served. The landlord must file:
- An Affidavit of Service confirming delivery of the summons and complaint
- A proposed Judgment for Eviction for the judge to sign
If the tenant fails to respond or the landlord prevails, the judge will sign the judgment.
Step 4: Deliver Writ of Restitution to the Sheriff
If the tenant still does not vacate, the landlord may obtain a Writ of Restitution of Premises, have it signed by the clerk, and deliver it to the sheriff. The sheriff then has the authority to remove the tenant from the property.
Court Forms & Resources
- General Civil Case Information Sheet – Filed with the court clerk along with the summons and complaint to open a civil case.
- Complaint for Eviction – Used when the tenant remains in the unit after the notice period expires. For non-payment cases, this form also lists the rent owed.
- Summons for Eviction – Filed with the complaint and served on the tenant to notify them that an eviction lawsuit has begun.
- Affidavit of Service of Summons and Complaint for Eviction – Completed by the process server to confirm proper service.
- Answer to Complaint for Eviction – Allows the tenant to admit or deny the landlord’s claims.
- Judgment for Eviction – Prepared by the landlord and finalized by the judge if the landlord prevails.
- Writ of Restitution of Premises – Authorizes the sheriff to physically remove the tenant if they do not vacate after judgment.
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