In Idaho, landlords may remove tenants who do not pay their rent. This is how.
The most prevalent cause for eviction is failure to pay rent. In Idaho, a landlord may initiate eviction proceedings the day after rent is due if it is not paid.
Idaho Rent Payment
Rent is usually due on the first of the month, regardless of whether it is a weekend or holiday. In Idaho, if a tenant does not pay rent on the due date, the landlord may issue the renter a three-day notice to pay rent or leave the following day.
Keep in mind that the landlord and tenant may always agree to alternative lease conditions. For example, if the first of the month is a holiday, such as New Year’s Day, the landlord might agree that rent would be due the next business day without penalty. For such agreements to be legal, they must be in writing and part of the lease.
Rent is due in three days or you must vacate.
A landlord’s first step in the eviction process is to issue a tenant a three-day notice to pay rent or depart, often known as a three-day notice of eviction. If the rent is not paid on the due day, the landlord may issue the renter this notice. This notice reminds the renter that he or she has three days to pay the entire rent or vacate the rented property. If the tenant fails to pay rent or relocate, the landlord may seek eviction via the court system (see Idaho Code 6-303(2)).
The written three-day notification must contain the following information:
the date the notice was served on the tenant(s) name(s) and address of the tenant(s)\s the total amount of rent due and owing\s a statement that the tenant owes rent and must pay it within three days or move out of the rental unit, or the landlord will file an eviction lawsuit with the court, and\s a certificate of service specifying how the demand was given to the tenant.
Giving a Tenant a Three-Day Notice
When issuing a tenant a three-day notice to pay or depart, a landlord has many options:
The landlord or the landlord’s representative might physically deliver the notice to the renter.
If the tenant cannot be located, the landlord may serve the notice on another person of sufficient age residing in the rental unit, as well as send the notice to the tenant’s address (typically the rental unit).
If no one can be located at the rental unit to deliver the notice to, the landlord may tape the notice to the front door and send a duplicate of the notice to the rental unit address.
6-304 of the Idaho Code.
Tenant Reactions to a 3-Day Notice
When responding to a three-day notice, the renter has numerous options:
The renter has the option of paying the rent within three days. If the renter accomplishes this, the landlord cannot evict the tenant.
The renter might opt to vacate the rented apartment within three days. If the renter choose this option but fails to pay the rent, the landlord may utilize the security deposit to reimburse the outstanding rent. If the security deposit is insufficient, the landlord may sue the renter for the unpaid rent.
Nothing could be done by the tenant. If the tenant does not pay the rent or vacate the rental unit by the end of the three-day term, the landlord may file an eviction case.
Attending Court
A landlord must file an eviction case, also known as a forceful entry and illegal detainer complaint, with the district court of the county in which the rental unit is situated in order to evict a tenant. The landlord will file a complaint and summons with the court to accomplish this. The complaint will include all of the grounds for the eviction, including the tenant’s failure to pay rent when it was due and owed. The court will then set a trial date before a judge, and the renter will be informed about the impending litigation. During the trial, the judge will hear from both the landlord and the tenant before making an eviction judgment. If the landlord wins the case, the court will issue an order allowing the sheriff or constable to evict the tenant by a certain date (see Idaho Code 6-305-316).
The Idaho Judicial Branch provides landlord/tenant forms that cover all of the documentation required for the eviction litigation.
It is critical to highlight that the landlord must never directly attempt to evict a tenant from the rented property. Only a sheriff or constable has such power, and only after the landlord has won the eviction litigation. If the landlord attempts to compel the tenant to leave the rental unit by changing the locks on the doors or threatening or harassing the tenant, the renter has the right to sue the landlord for damages. Such actions are sometimes referred to as “self-help” evictions. For additional information on “self-help” evictions,