Idaho Eviction Notice Forms (3)

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Updated March 13, 2023

An Idaho eviction notice is a letter given by a landlord seeking to notify a tenant of a lease infraction. If the tenant does not cure the issue by the end of the notice period, the tenant may be subject to an eviction lawsuit (unlawful detainer). Sending an eviction notice to a tenant is the first step in the eviction process.

By Type (3)

3-Day Notice to Quit (Non-Payment of Rent) – This form is used when the tenant has failed to pay rent in accordance with the terms of the lease. The landlord must give the tenant 3 days to pay before eviction proceedings are begun.

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3-Day Notice to Quit (Non-Compliance) – This form is used when the tenant has failed to abide by the terms of the lease other than for non-payment of rent. The landlord must give the tenant 3 days to fix the breach before beginning eviction proceedings.

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30-Day Notice to Quit (Month-to-Month Tenancy) – This form is used to inform a tenant that they must vacate the premises at the end of thirty days because the landlord does not intend to renew the lease.

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Table of Contents

Eviction Laws

Court Forms

General Civil Case Information Sheet – This document is filed with the Court Clerk along with the Complaint and Summons. It commences a General Civil Law case.

Complaint for Eviction – This document is used when the tenant has not vacated following the 3-day notice to quit. If they have not paid their rent, this Complaint should be completed to indicate that the tenant is in default and to relay the amount of money they owe.

Summons for Eviction – The Summons is completed alongside the Complaint, filed with the Court Clerk, and served on the tenant to indicate that a case is being filed against them.

Affidavit of Service of Summons and Complaint for Eviction – This affidavit is prepared by the process server following the delivery of the Summons and Complaint to indicate that the tenant received the documents.

Answer to Complaint for Eviction – The Answer allows the tenant to deny or admit to the claims made against them.

Judgment for Eviction – The landlord should prepare their portion of the document prior to trial. If the court rules in favor of the plaintiff (the landlord/owner) the judge will complete the remainder and, once signed, the document will serve as definitive proof that the possession of the property is to be returned to the landlord.

Writ of Restitution of Premises – The landlord can complete this document following a verdict in their favor. If the plaintiff deems it necessary, the Writ of Restitution will give the authority to the Sheriff’s department to physically remove the tenant from the premises.

When is Rent Late?

Landlord filling out 3 Day Notice to Quit with a ticking stopwatch in the corner.

Rent is late when it has not been received by the landlord by the date due as set forth in the lease. However, when a landlord gives written notice of the failure to pay rent, he or she must give the tenant three (3) days to pay before beginning the eviction process.

How to Evict (Process)

An occupied house with a car in the driveway and a mailbox stuffed with letters.

Step 1 – Depending on the issue, the landlord must provide notice to the tenant of his or her intention of beginning the eviction process if the tenant does not either move out or fix the problem. If the tenant has failed to pay rent, the landlord can use a 3-Day Notice to Quit (Non-Payment of Rent). If the tenant has failed to abide by the terms of the lease, the landlord can use a 3-Day Notice to Quit (Non-Compliance). If the landlord wants to end a month-to-month tenancy, the landlord can use the 30-Day Notice to Quit (Month to Month Tenancy).

Step 2 – If the tenant does not respond to the notice and continues to live at the premises, the landlord may begin eviction proceedings, called an unlawful detainer, by filing a Summons and Complaint with the Local District Court and paying the filing fee of $166. In addition, Landlord will have to provide an Affidavit of Service certifying that the landlord provided the required notice to the tenant. The landlord must have these served by a process server on the tenant. These forms are for an expedited eviction, which would not include damages for back rent. If the landlord wants to obtain damages, he or she must file a separate case in small claims court or district court, depending on the amount owed.

Step 3 – The tenant has five days to respond to the summons and complaint. The landlord must provide to the court an Affidavit of Service of Summons and Complaint certifying that the summons and complaint were properly delivered to the tenant by a process server and a filled out Judgment for Eviction for the judge to sign. The judge will sign if the landlord prevails in court or if the tenant fails to respond to the complaint and summons.

Step 4 – If the landlord needs a sheriff to assist with the eviction after he or she has obtained a Judgment for eviction, he or she can prepare a Writ of Restitution. This will have to be filled out and signed by the clerk of the court. The landlord may then provide the writ to the sheriff and they will evict the tenant.