Eviction Process In Idaho

Evicting a tenant in Idaho means following Unlawful detainer in District Court exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Idaho's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

Idaho eviction actions for nonpayment, lease breach, or holdover are brought as unlawful detainer actions under Idaho Code Title 6, Chapter 3.

• Idaho eviction actions are brought as unlawful detainer actions under Idaho Code Title 6, Chapter 3. (Idaho Code Title 6, ch. 3)
• Idaho Code §6-303 defines the specific circumstances that constitute unlawful detainer. (Idaho Code §6-303)

Lawful Grounds For Eviction

Section 6-303 lists five categories of unlawful detainer.

• A tenant is guilty of unlawful detainer by holding over after expiration of the lease term without the landlord's permission; for a tenancy at will, notice must first terminate the tenancy. (Idaho Code §6-303(1))
• Continued occupancy after default in rent payment, following a written 3-day notice demanding payment or surrender that specifies the amount due, constitutes unlawful detainer. (Idaho Code §6-303(2))
• Failure to perform other lease conditions or covenants, after a 3-day written notice to perform or surrender, constitutes unlawful detainer unless the breach cannot be remedied. (Idaho Code §6-303(3))
• Assignment, subletting, or waste in violation of the lease, after a 3-day notice to quit, constitutes unlawful detainer. (Idaho Code §6-303(4))
• Unlawful delivery, production, or use of a controlled substance on the premises during the tenancy constitutes unlawful detainer. (Idaho Code §6-303(5))

Notice Requirements

A 3-day written notice is the standard predicate for both nonpayment and most lease-breach unlawful detainer actions.

• For nonpayment of rent, the landlord must serve a written 3-day notice demanding payment of the specific amount due or surrender of the premises. (Idaho Code §6-303(2))
• For other lease breaches, a 3-day written notice giving the tenant the chance to cure or surrender applies, except for breaches that cannot be remedied. (Idaho Code §6-303(3))
• The notice must inform the tenant that if judgment is entered against them, residential tenants have 72 hours (commercial tenants or tenants on tracts of 5 or more acres have 7 or more days) to remove belongings before the landlord may remove and dispose of remaining property. (Idaho Code §6-303, referencing §6-316)

Filing The Case

The unlawful detainer complaint must describe the premises and default, and different trial-scheduling tracks apply depending on the type of case.

• The complaint must describe the premises with convenient certainty and state that the defendant is in possession and in default, and that the required notice was served. (Idaho Code §6-310)
• For standard nonpayment or controlled-substance unlawful detainer cases, trial must be set within 12 days of the complaint being filed; for forcible detainer cases, trial must be set within 72 hours of filing, excluding weekends and official holidays. (Idaho Code §6-310)

Serving The Tenant

Service timing before trial differs by case type, and a separate section governs service of the underlying notice.

• For standard unlawful detainer actions, the summons must be served on the tenant not less than 5 days before the day of trial. (Idaho Code §6-310)
• For forcible detainer actions, service must occur not less than 24 hours before the time of trial. (Idaho Code §6-310)
• Idaho Code §6-304 separately governs service of the underlying 3-day notice, allowing personal delivery to the tenant among other statutory methods. (Idaho Code §6-304)

Hearing And Judgment

Trial timing is fast for standard unlawful detainer cases, and the judgment covers restitution, possible lease forfeiture, and damages.

• Trial for standard (nonpayment/controlled-substance) unlawful detainer actions is set within 12 days of filing, with service required at least 5 days before trial. (Idaho Code §6-310)
• Judgment includes restitution of the premises, may declare forfeiture of the rental agreement, and covers damages and unpaid rent as determined by the court. (Idaho Code §6-316)
• For agricultural properties of 5 or more acres involving a rent default, execution on the judgment is not issued until 5 days after entry of judgment, during which the tenant may pay the arrearage and be restored to the tenancy. (Idaho Code §6-316)

The Writ And Lockout

The judgment is enforced by a writ in a form set by statute, executed by the sheriff, with fixed removal periods for tenant property.

• The judgment is enforced through a writ in the form specified by Idaho Code §6-311C. (Idaho Code §6-311C, §6-316)
• Residential tenants have 72 hours to remove personal property after the judgment's removal period runs (commercial tenants or those on tracts of 5 or more acres have 7 days, extendable for good cause); after that, the landlord may remove and dispose of remaining property without further compensation to the tenant. (Idaho Code §6-316)

Eviction is the last step in a relationship that's already gone wrong. See our guide to Idaho property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Idaho attorney, and confirm the current text of any rule cited above with District Court or the Idaho legislature.

Sources

Every fact above is drawn from one of the official sources below.

• Idaho Code Title 6, ch. 3, Idaho State Legislature, Idaho Code Title 6, Chapter 3
• Idaho Code §6-303, Idaho State Legislature, Idaho Code §6-303
• Idaho Code §6-310, Idaho State Legislature, Idaho Code §6-310
• Idaho Code §6-304, Idaho State Legislature, Idaho Code §6-304
• Idaho Code §6-316, Idaho State Legislature, Idaho Code §6-316