Idaho eviction laws
Notices, deadlines, court and tenant rights in Idaho — in plain English.
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Overview
- The court case
- Unlawful detainer (eviction)
- Court
- Magistrate Division of the District Court for the county where the property is located
- Main laws
- Forcible Entry and Unlawful Detainer, Idaho Code 6-301 to 6-324 (grounds and notices: 6-303; service of notice: 6-304; trial: 6-310, 6-311A); tenancy at will, Idaho Code 55-208
Just-cause protection
No statewide law
Idaho has no just-cause eviction law. A month-to-month or other at-will tenancy can be ended without a reason with at least one month's written notice. (Idaho Code 55-208)
Notices before filing, by reason
What a landlord must serve before filing — and what a tenant should expect to receive.
Unpaid rent — Three-Day Notice to Pay Rent or Quit
The landlord serves a written 3-day notice demanding the rent due or possession. If the tenant pays the full amount within 3 days, the landlord may not file.
Three-Day Notice to Pay Rent or Quit
- Notice period
- 3 days
- Counting
- 3 calendar days; do not count the day of service. If the last day is a weekend or legal holiday, extend to the next business day to be safe.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant names and property address
- The amount of rent due
- Demand for payment of the rent or possession of the property within 3 days
- Statement that if the court enters judgment against the tenant, a residential tenant will have 72 hours to remove belongings before the landlord may remove and dispose of them under Idaho Code 6-316
- Date and landlord signature
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy. Deliver a copy to the tenant personally; or, if absent, leave a copy with a person of suitable age and discretion at the residence or business AND mail a copy to the tenant's residence; or, if neither can be done, post a copy in a conspicuous place on the property, deliver a copy to a person residing there if one can be found, AND mail a copy to the tenant at the property.
- Law
- Idaho Code 6-303(2); 6-304
- Accepting partial rent after serving the notice may waive it.
The tenant broke the lease or rules — Three-Day Notice to Perform Conditions or Quit
For a violation of a lease condition (other than rent), the landlord serves a 3-day notice requiring the tenant to perform the condition or give up possession. If the tenant complies within 3 days, the landlord may not file.
Three-Day Notice to Perform Conditions or Quit
- Notice period
- 3 days
- Counting
- 3 calendar days; do not count the day of service.
- Tenant can fix it?
- Yes, within the notice period
- Must include
- Tenant names and property address
- The lease condition or covenant violated
- Demand that the tenant perform the condition or deliver possession within 3 days
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy. Same methods as the 3-day pay-or-quit notice (Idaho Code 6-304).
- Law
- Idaho Code 6-303(3); 6-304
The lease ended and the tenant stayed — no notice required
When a fixed-term lease expires and the tenant stays without the landlord's permission, the landlord may file an unlawful detainer without a separate notice. If rent is accepted after the lease ends, the tenancy may become month-to-month, requiring a one-month notice.
- Double-check with the court: Check the lease for renewal or notice-of-non-renewal clauses; a short written demand for possession before filing is common practice.
Ending a month-to-month tenancy (no fault) — Notice to Terminate Tenancy (One-Month Notice)
A tenancy at will, including month-to-month, may be ended by the landlord with written notice to vacate at least one month after the notice is served.
Notice to Terminate Tenancy (One-Month Notice)
- Notice period
- 30 days (month-to-month: 30 days)
- Counting
- The move-out date must be at least one month after service; do not count the day of service. Using a full calendar month (or at least 30 days) is safest.
- Tenant can fix it?
- No
- Must include
- Tenant names and property address
- Statement that the tenancy is terminated
- Date by which the tenant must remove from the premises (at least one month after service)
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy. Serve by the methods in Idaho Code 6-304.
- Law
- Idaho Code 55-208; 6-303(1)
- Double-check with the court: Idaho statutes do not set a separate shorter period for week-to-week tenancies; one month is the conservative choice.
Illegal activity, violence or serious damage — Three-Day Notice to Quit (Drug Activity, Waste, or Unlawful Assignment)
For unlawful delivery, production or use of a controlled substance on the premises, or for subletting/assigning in violation of the lease or committing waste, the landlord may serve a 3-day notice to quit with no chance to cure. Drug-related cases get an expedited trial (within 12 days of filing).
Three-Day Notice to Quit (Drug Activity, Waste, or Unlawful Assignment)
- Notice period
- 3 days
- Counting
- 3 calendar days; do not count the day of service.
- Tenant can fix it?
- No
- Must include
- Tenant names and property address
- Description of the drug activity, waste, or unlawful assignment/subletting
- Demand that the tenant quit (leave) within 3 days
- How to serve
- Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door and mail a copy. Serve by the methods in Idaho Code 6-304.
- Law
- Idaho Code 6-303(4), (5); 6-304
- Double-check with the court: Idaho Code 6-303(5) (controlled substances) may not require a prior notice at all; serving a 3-day notice to quit is the cautious approach.
How a tenant responds
In nonpayment and drug-related unlawful detainer cases, the court must schedule the trial within 12 days of filing, and the summons must be served at least 5 days before trial. The tenant must appear at the trial on the date in the summons; the tenant may file a written answer before then. A tenant who does not appear will likely lose by default. In other eviction cases the regular civil answer deadline stated on the summons applies.
Deadline: at the hearing (no fixed written-answer deadline) · Idaho Code 6-310
Official court forms
Landlords
- CAO_UD_1 — Three Day Notice to Pay Rent or Vacate
- CAO_UD_1-1 — Complaint for Eviction (Expedited Proceeding)
- CAO_FD_1-1 — Complaint for Eviction (Forcible Detainer)
- CAO_UD_1-2 — Summons for Eviction
- CAO_FD_1-2 — Summons for Complaint for Possession of Property Held by Forcible Detainer
- CAO_UD_10-1 — Writ of Restitution of Premises
Tenants
- CAO_UD_3-1 (instructions) — Answer to Eviction Complaint — instructions
Sources
- Idaho Code 6-303 (Idaho Legislature)
- Idaho Code 6-304 (Idaho Legislature)
- Idaho Code 55-208 (Idaho Legislature)
- Idaho Code 6-310 (Idaho Legislature)
Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.