Idaho Statewide Rule
Idaho Eviction (Unlawful Detainer) Notice
Key Facts
- Governing statute
- Idaho Code 6-303
- Nonpayment notice
- 3 days to pay or quit
- Lease-violation notice
- 3 days to perform/cure or quit
- Drug activity
- Separate unlawful-detainer ground
Summary
Idaho Code 6-303 makes a tenant guilty of unlawful detainer after defined breaches. For nonpayment of rent the landlord serves a three-day written notice to pay or quit; for other lease-covenant violations a three-day notice to perform or quit. Idaho's short three-day periods make it a notably landlord-friendly eviction regime.
Where he continues in possession, in person or by subtenant, without permission of his landlord, or the successor in estate of his landlord, if any there be, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three (3) days' notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant.
Full Breakdown
Idaho Code 6-303 sets the grounds and notices for unlawful detainer. For default in rent, the landlord must serve 'three (3) days' notice, in writing, requiring its payment, stating the amount which is due, or possession of the property.' For breach of other lease covenants, the landlord gives 'three (3) days' notice, in writing, requiring the performance of such conditions or covenants, or the possession.' Separate provisions cover holdover after lease expiry (with required termination notice for tenancies at will), assignment/subletting/waste (three days' notice to quit), and controlled-substance activity on the premises. If the tenant fails to cure or vacate within the three days, the landlord may file an unlawful-detainer action to regain possession.
Violations & Penalties
No specific statutory fine. A tenant who fails to pay, cure, or vacate within the three-day notice period can be sued for unlawful detainer under Idaho Code 6-303, leading to a court judgment for possession (and potentially rent, damages, and costs) and removal by the sheriff.
Frequently Asked Questions
How long is the eviction notice for unpaid rent in Idaho?
What notice applies to a lease violation other than rent in Idaho?
Sources
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