Idaho Eviction Notice and Process Forms | Notice to Quit | PDF Templates
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The Idaho eviction process, under Title 6 Chapter 3 – Forcible Entry And Unlawful Detainer, is not complicated, but it is important to follow it precisely or else you could have an eviction case dismissed, or be evicted prematurely if you’re a tenant.
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How to Evict a Tenant in Idaho
To begin the eviction process, landlords must first serve tenants with written notice to correct a violation or be faced with an eviction proceeding.
Property owners must give tenant(s) three days of notice for nonpayment of rent, a lease violation, or unlawful use, delivery, or production of a controlled substance. For nonpayment of rent and lease violations unrelated to controlled substances, the tenant has three days to correct the problem before the owner may proceed with the eviction. There is no opportunity for the tenant to resolve violations related to controlled substances.
If the eviction is for other reasons, the owner must give 30 days’ notice. Notice must be served personally to the tenant, and if the tenant is not home, the owner may post the notice and mail it to the tenant.
- 2. File an Unlawful Detainer
If the tenant fails to comply with the notice, the owner may then file an Unlawful Detainer Action, meaning a Complaint and Summons with the local clerk of court.
For evictions that are not for failure to pay rent or controlled substance violations, the tenant must be served with a copy of the Summons and Complaint, again, in person or by posting the documents and mailing them if the tenant is unavailable. The tenant then has 20 days to respond with the answer.
An expedited proceeding is available in cases of drug-related evictions or evictions for nonpayment of rent, whereby a trial will be held within 5 to 12 days of notice.
At trial, the tenant and landlord may present any evidence within the rules to support their cases. Each party should bring copies of all relevant documents, such as payment receipts and eviction documents.
If the tenant fails to appear, the court will issue a default judgment. In the case of a default judgment or if the judge rules for the landlord, the judge will issue a Writ of Restitution, which orders the tenant to vacate the property and gives the tenant several days to do so before he or she will be removed forcibly. In addition, the court may require the tenant to pay the owner’s legal fees if the eviction notice requested this.
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