Eviction Laws in Idaho

Idaho has eviction laws in place to protect landlords and tenants.

The eviction laws in Idaho provide property owners with a legal method to remove tenants who violate a lease agreement or fail to pay rent. Landlords in Idaho must follow the process when removing a tenant and cannot use self-help eviction methods, such as changing the locks or turning off utilities.

Reasons for Eviction

Idaho property owners may evict tenants for failure to pay rent and violations of the lease agreement. Landlords can also ask tenants to vacate a property at the end of a lease agreement. Property owners can ask tenants with a month-to-month tenancy for any reason. Tenants who distribute, produce or use illegal substances on the property may be evicted as well.

Notice

Landlords must follow the lease agreement when giving notice to tenants to vacate a residence. The property owner may give a three-day notice to tenants who are behind in rent, violate the lease or use, make or distribute illegal substances on the property. When giving a three-day notice for non-payment of rent, the landlord must provide the amount the tenant owes. The notice provides the tenant with an opportunity to pay the back rent or correct the lease violation.

Property owners must give month-to-month tenants a 30-day notice when there is no violation of the lease and rent is fully paid. The lease agreement may also state a different amount of notice the landlord must provide to the tenant. The property owner must deliver the notice to vacate to the tenant in person or leave it with an adult living on the property. When there is no one available on the property, the landlord can post a copy on the property in a place the tenant will find it and mail a copy to the tenant.

Summons And Complaint

When tenants fail to move after notice, the property owner must file a summons and complaint with the court. The tenant has 20 days to file an answer with the court after receiving the summons and complaint. An expedited proceeding such as a complaint for non-payment of rent or when illegal drug activities take place on the property will take place 12 days after filing the summons and complaint. Tenants have an opportunity to present their side of the case during the hearing.

Writ of Restitution

Idaho landlords must obtain a writ of restitution when the court finds in favor of the landlord. With a writ of restitution, a sheriff will remove the tenant and his property from the residence.

References

• Idaho Office of the Attorney General: Landlord and Tenant Guidelines
• Rent Law: Idaho Eviction