Idaho Statewide Rule
Idaho Lease Termination Notice (Month-to-Month)
Key Facts
- Governing statute
- Idaho Code 55-208
- Notice period
- Not less than one (1) month
- Applies to
- Tenancy at will / month-to-month, either party
- Form
- Written; served per civil procedure rules
Summary
Under Idaho Code 55-208, either party may end a tenancy at will (month-to-month) by giving written notice of 'not less than one (1) month.' The same one-month written notice applies whether the landlord or the tenant initiates termination, and notice must follow the methods in Idaho's civil procedure rules.
A tenancy or other estate at will, however created, may be terminated: (1) By the landlord's giving notice in writing to the tenant, in the manner prescribed by the code of civil procedure, to remove from the premises within a period of not less than one (1) month, to be specified in the notice; or (2) By the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice.
Full Breakdown
Idaho Code 55-208 governs termination of a tenancy at will. The landlord may terminate 'by the landlord's giving notice in writing to the tenant... to remove from the premises within a period of not less than one (1) month,' and the tenant may end the tenancy by giving written notice of not less than one month before vacating. The notice must be in writing and served as prescribed by the code of civil procedure. A fixed-term lease ends on its own terms without this notice unless it converts to month-to-month. For no-cause termination of a month-to-month tenancy, this one-month notice, not the three-day unlawful-detainer notices, is the proper mechanism.
Violations & Penalties
No specific statutory penalty. A termination notice shorter than one month is ineffective; the tenancy continues until a proper one-month notice expires, and a landlord cannot pursue eviction for holdover until valid notice has run.
Frequently Asked Questions
How much notice ends a month-to-month tenancy in Idaho?
Does an Idaho landlord need a reason to end a month-to-month tenancy?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.