🥔 Idaho Eviction Notice Laws
Complete Landlord Guide to Idaho Eviction Requirements
📋 Updated for • Idaho Code Title 6Last reviewed: January
Idaho has a 3-day notice for non-payment—one of the shortest in the nation—and efficient unlawful detainer procedures. The state provides minimal tenant protections compared to coastal states. This guide covers requirements under Idaho Code Title 6, Chapter 3.
📑 Table of Contents
📝 Idaho Eviction Notice Types
Idaho law under Idaho Code Title 6, Chapter 3 establishes specific notice requirements. Idaho’s short notice periods make it one of the most landlord-friendly states in the nation.
3-Day Notice to Pay or Quit
Idaho Code § 6-303(2)
For non-payment of rent, Idaho requires only a 3-day notice to pay or vacate—one of the shortest in the nation. The tenant must pay all rent owed within 3 days or move out.
Notice Requirements:
- ✅ Must be in writing
- ✅ Must demand payment of rent or possession of premises
- ✅ Must give tenant 3 days to pay or vacate
- ✅ Can be served personally, by leaving with person of suitable age at residence, or by posting on the door
3-Day Notice (Lease Violation)
Idaho Code § 6-303(3)
For lease violations other than non-payment (nuisance, waste, unlawful use), Idaho also requires only a 3-day notice. This notice is typically unconditional—no cure period is required.
Common Violations:
- 🔸 Nuisance behavior disturbing neighbors
- 🔸 Waste or damage to the property
- 🔸 Unlawful activity on the premises
- 🔸 Assigning or subletting without permission
30-Day Notice (Month-to-Month)
Idaho Code § 55-208
To terminate a month-to-month tenancy without cause, Idaho requires one month’s notice (at least 30 days) given before the end of the rental period. For week-to-week tenancies, only 7 days’ notice is required.
📄 Get Free 30-Day Notice FormNotice Upon Lease Expiration
Idaho Code § 6-303(1)
When a fixed-term lease expires and the tenant holds over (stays without landlord permission), no additional notice is required. The landlord can immediately file for eviction after the lease end date.
⚖️ Idaho Unlawful Detainer Process
Idaho evictions are filed as “Unlawful Detainer” actions in Magistrate Court. The process is designed to be relatively quick and straightforward.
Serve Proper Notice
Serve the appropriate notice (3-day or 30-day) and wait for the full notice period to expire. Keep proof of service for court.
File Unlawful Detainer Complaint
After the notice period expires, file a Complaint for Unlawful Detainer in the Magistrate Court where the property is located. Filing fees are typically $166 plus service costs.
Service on Tenant
The summons and complaint must be served on the tenant. Service can be personal, by substituted service, or by posting if necessary.
Tenant Response
The tenant has a limited time (typically 5-20 days depending on how served) to file an answer. If no answer is filed, landlord can request default judgment.
Court Hearing
If contested, a hearing is scheduled. Idaho gives priority to unlawful detainer cases, so hearings are typically scheduled quickly.
Judgment and Writ of Restitution
If you win, the court issues a judgment. After 3 days, you can obtain a Writ of Restitution. The sheriff executes the eviction, typically within 5-10 days.
Despite Idaho’s landlord-friendly laws, self-help evictions are still prohibited. Landlords cannot change locks, remove belongings, or shut off utilities without a court order. Violations can result in damages.
⏱️ Idaho Eviction Timeline
Idaho has one of the fastest eviction processes in the nation due to short notice periods and efficient court procedures.
| Stage | Timeline | Notes |
|---|---|---|
| 📝 Notice period | 3-30 days | 3 days for non-payment; 30 days for month-to-month |
| 📋 File complaint | 1-2 days | After notice expires |
| 📬 Service on tenant | 1-5 days | Depends on service method |
| ⏳ Tenant response period | 5-20 days | Depends on service method |
| ⚖️ Court hearing | 7-14 days | If contested; priority scheduling |
| 📜 Judgment | Same day | Usually immediate if landlord prevails |
| 🔑 3-day wait | 3 days | Before writ of restitution |
| 🚔 Writ execution | 5-10 days | Sheriff schedules removal |
Non-Payment (Uncontested): 2-4 weeks from notice to possession
Non-Payment (Contested): 4-6 weeks
Month-to-Month Termination: 6-8 weeks (due to 30-day notice)
Idaho’s short 3-day notice period and efficient courts make it one of the fastest states for evictions.
🛡️ Common Tenant Defenses in Idaho
While Idaho has limited tenant protections, tenants may still raise certain defenses to eviction.
Improper Notice
The notice wasn’t properly served, didn’t contain required information, or didn’t provide the required 3-day period. Even in landlord-friendly Idaho, procedural errors can derail an eviction.
Rent Was Paid
Tenant can prove rent was paid within the 3-day notice period, or that landlord accepted rent after serving the notice.
Retaliation
Idaho does have limited retaliation protections. Eviction cannot be in direct retaliation for tenant exercising legal rights, though the protections are narrower than in many states.
Discrimination
Federal and Idaho fair housing laws prohibit discrimination based on protected characteristics. Eviction based on race, religion, sex, familial status, disability, or national origin is illegal.
💰 Idaho Security Deposit Rules
Idaho has relatively minimal security deposit regulations compared to many states.
| Requirement | Details |
|---|---|
| Maximum Amount | No statutory limit (landlord can charge any amount) |
| Interest Required | No |
| Separate Account | Not required |
| Return Timeline | 21 days after tenant vacates (or up to 30 days if specified in lease) |
| Itemized Statement | Required if any deductions are made |
| Walk-Through | Not required by statute |
Even though Idaho doesn’t limit security deposits, charging excessive amounts may make it harder to find tenants. Most landlords charge 1-2 months’ rent as a deposit.
❓ Idaho Eviction FAQ
🔍 Avoid Evictions with Better Tenant Screening
Even in landlord-friendly Idaho, prevention is better than eviction. Screen tenants thoroughly to avoid problems.
📚 Related Idaho Landlord Resources
⚖️ Legal Disclaimer
This guide provides general information about Idaho eviction laws and is not legal advice. Idaho landlord-tenant law is governed by Idaho Code Title 6, Chapter 3 and Title 55, and may be amended. This guide reflects requirements as of . Always consult with a qualified Idaho attorney before proceeding with an eviction.
