Make a Idaho Eviction Notice

What are the Components of an Idaho Eviction Notice?

There are two types of Idaho eviction notices. Both have the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms.
• The address of the rental property.
• The date the eviction notice was created.
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service).
• The contact information of the landlord or property manager.
• The printed name and signature of the landlord or property manager.

• Notice to the tenant that they are not complying with the lease terms.

Idaho eviction notices are also known as a notice to quit. The number of days the tenant is given to correct the problem or vacate the property depends on the reason the notice is issued. They also have specific components of their own.

Idaho 3-Day Notice to Quit for Non-Payment of Rent

If a tenant doesn’t pay their rent on time, a landlord may issue a 3-day notice to quit for non-payment of rent. An eviction notice for non-payment of rent must comply with § 6-303(2). This notice must list:

• The amount of rent that is past due.
• The date by which the past due amount should be paid or that the tenant must vacate the property.

Idaho 3-Day Notice to Quit for Curable Non-Compliance

A three-day notice to quit for non-compliance is used for lease violations that aren’t non-payment of rent. The tenant is given three days to fix the violation or vacate the property (curable violation). The additional component for this particular notice is:

• An explanation of the violation of the lease.

It could be helpful for the landlord to include a copy (not the original!) of the signed lease. This notice is governed by § 6-303.

Idaho 3-Day Notice to Quit for Incurable Non-Compliance

An incurable violation means that the tenant is being evicted for:

• Using, delivering, or creating a controlled substance (illegal drugs); or
• It is a post-foreclosure action that isn’t subject to federal law.

Idaho Lease Termination Letter – 30 Day Notice

A 30-day notice for termination of the lease isn’t an actual eviction notice. Because it is used to inform the tenant that the lease agreement won’t be renewed, we’ve decided to include it here. This document is used to notify the tenant (or the landlord) that the month-to-month tenancy will not renew. This notice is governed by § 55-208. This letter should include the date by which the property should be vacated.

Service of an Idaho Eviction Notice

Let’s take a moment to talk about service for Idaho eviction notices. Eviction notices must be properly served or they are ineffective and the tenant is given a legal defense to the eviction process. Service must be done by:

• Personally serving the tenant at their home or while they are at work;
• Leaving the Idaho eviction notice with a person of suitable age and mailing a copy of the notice to the tenant; or
• Posting the eviction notice in a conspicuous place, such as the front door, and sending a copy via first-class mail to the tenant.

What are the Legal Considerations of an Idaho Eviction Notice?

Idaho eviction notices must be properly drafted and legally served. This includes using the proper components. Remember, the right amount of time by which the violation must be corrected must be used. A landlord may not file a lawsuit against a tenant if they do not first serve them with an eviction notice.

Landlords may not use “self-help” methods to evict the client. Without a court order, the landlord may not change the locks, turn off the utilities, or remove the tenant’s belongings from the property. These methods are illegal if the landlord doesn’t have a court order that allows them to take possession of the property.

Landlords may not engage in what is known as retaliatory eviction. This means that tenants may not be evicted by the landlord if they report the property or the landlord for not keeping the property up to code. Landlords may not evict tenants for discriminatory reasons, either.

If a landlord illegally evicts a tenant, the tenant may have legal grounds to sue the landlord.

Eviction Information for Idaho Tenants

Idaho tenants are entitled to a certain number of days to pay their rent once it is past due. If you cannot pay your rent after the 3-day notice is issued, the landlord may file a lawsuit against you. You’re also required to vacate the property. The same goes for lease violations. If it is a curable violation, you have 3-days to correct the lease violation or vacate the property.

Read the eviction notice carefully so that you understand what you need to do in order to remain on the property. If you have questions or want to try and work something out with the landlord, call them. Remain calm. Try to get clarity on what’s happening so that you know what is expected.

Until the landlord serves you with an eviction notice, they cannot file an eviction lawsuit against you. An Idaho eviction notice is the first step required of the landlord during the legal eviction process. Now, with that said, that doesn’t mean that all evictions are legal. Unless a landlord has an order from a court, they may not change the locks, shut off the utilities, or remove your belongings from the property. Those particular items are known as “self-help” eviction. Self-help eviction is not allowed under Idaho landlord-tenant law. You cannot be legally evicted for reporting code violations related to the property to the proper authorities. You also cannot be legally evicted for discriminatory reasons.

If you believe that the eviction is illegal, talk to a landlord-tenant lawyer to discuss the situation. If it is an illegal eviction, you could pursue a lawsuit against the landlord. A lawyer can help you learn more about your legal rights. If you cannot afford a lawyer, you still have a couple of options that you can use to learn more about your rights. First, contact the University of Idaho College of Law and ask if they have a legal clinic. Legal clinics are valuable experiences for third-year law students. They allow students to gain experience while supervised by licensed attorneys. It also provides the public with an avenue to possibly obtain free or low-cost legal help. Your second option is to contact a legal aid office. While they usually have income limits, they generally help tenants and may even have information, including downloadable resources, that can inform you of your rights as a tenant.

Eviction Information for Idaho Landlords

It’s important that Idaho landlords understand that eviction is a legal process. You cannot file an eviction lawsuit against the tenant(s) until you first serve an eviction notice. An Idaho eviction notice must contain certain information. Generally, that is the date, the name of the tenant, the reason for the eviction, your contact information, and your signature. Depending on the type of eviction notice you need to issue, there are other components. We discussed those earlier in this guide.

The eviction notice must also include a certificate of service that explains how the notice was served. It requires the date as well as the signature of the person who served it. It can be served in person, to someone of a suitable age who is a member of the household or who works at the same place as the tenant, or it may be left on the front door of the rental property.

If you do not properly serve an eviction notice to the tenant, you could be sued. You can also be sued if you try to evict the tenant for illegal reasons or if you use a “self-help” method as discussed under Legal Considerations.

If you need more information about Idaho eviction notices or the eviction process, schedule an appointment with a landlord-tenant lawyer. Don’t look at this as an added expense. Instead, look at it as an investment into legally protecting yourself and your rental property.