What You Need To Know About Eviction in Idaho

Idaho renters are due three-day notice before eviction. It’s important to know your rights so you can avoid unjust expulsion.
Written by Nick Kunze
Reviewed by Melanie Reiff
Idaho renters are due at least three days' notice for any eviction. Furthermore, evictions can only happen for a few reasons, like failure to pay rent or illegal activity, so landlords can’t kick out a tenant without cause. Knowing your eviction rights can keep you from being thrown out of your home.
With COVID-19 eviction moratoriums coming to an end, renters are struggling to pay back months of rent—which could lead to many impending evictions. That said,
renters have rights that protect them from unfair or unlawful evictions and understanding what can get you evicted and the timing of the eviction process may save you from being put on the street.
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Idaho eviction 101: the ways you can be evicted

In Idaho, you’re required to receive three days’ notice in writing before you can be legally evicted. This warning can also give the tenant the opportunity to right their wrong before eviction officially happens.
Several scenarios are legal grounds for eviction in the state of Idaho. Note that these reasons are all based on your actions (or inaction)—you cannot be evicted on a whim or due to the landlord changing their mind.
Here’s what can lead to eviction in Idaho:
  • Failure to pay rent: If you don’t pay your rent, you can be evicted. The warning letter will give you three days to fully pay your due rent if you want to avoid eviction.
  • Violation of the lease: This can mean many things, so read your lease carefully. You’ll be given three days notice to fix this violation, if possible.
  • Illegal activity within the rental: If you are selling drugs or using the apartment for other illegal activity, you’ll be given three-day notice before the landlord proceeds with a Forcible Entry or Unlawful Detainer suit.
  • Health violations: If you’ve threatened the sanitation of the entire building, you can be evicted for uncleanliness. 
  • Non-renewal: If you do not vacate the apartment but have not signed a new lease, you can be evicted. However, a 30-day notice to quit is required.
While your landlord can’t evict you without one of the above reasons, they are not required to renew your lease once it ends. In this case, you must receive a 30-day notice if your lease will not be renewed. 
Key Takeaway A landlord can’t evict a tenant in Idaho without just cause. 

A timeline of eviction in Idaho

If your landlord wants to evict you, there’s a process they must follow. They can’t just show up at your door and tell you to leave. Here’s a breakdown of the eviction timeline in Idaho.
How long it typically takes
What to expect
Written notice from landlord
3 days
Your landlord must deliver a written 3-day notice that you will be evicted if you do not solve the issue listed on the written notice.
Summons and Complaint
Within 60 days of filing
If you did not vacate the premise at the end of three days, the landlord can file a lawsuit against you. You will then be served with a court summons.
Tenant response
21 days
The tenant must file an answer with the court within 21 days of receiving the summons.
The trial
Whenever scheduled
You’ll need to go to court and fight your case (likely with a lawyer). You will typically need to complete pre-trial paperwork.
Within 24 hours after the hearing
If the court finds you in the wrong, you’ll be evicted within twenty-four hours, likely by law enforcement.
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After a decision is made, the sheriff will be enlisted to evict the defendant—a landlord cannot evict you themselves. The landlord must submit a Writ of Restitution to the sheriff after the judge has signed the Judgement for Eviction. This is a lengthy process, and there could be as much as one month between the ruling and the actual eviction.

How to resist eviction in Idaho

There are ways to fight against eviction in Idaho. Here are a few ways you can stay in your rental:
  • Address the cause of eviction: If you’re being evicted for not paying rent, if you can pay it before three days have elapsed you will not be evicted. Addressing your landlord’s complaint is a great way to stay in your unit. 
  • Call out a procedural mistake: Knowing eviction laws can help keep you housed. If your landlord does not follow proper eviction procedures, you can get the case dismissed in the courts.
  • Argue the property was not maintained: If you can prove the landlord was at-fault for the reason of eviction, you can stay in the rental. For example, if you’re being evicted for water damage but you have proof you’ve asked your landlord to deal with the poor plumbing, you may avoid eviction.
  • Dismissed due to discrimination: Under the Fair Housing Act, your landlord cannot evict you based on your race, gender, national origin, and more. If you think there’s a bias behind the eviction, you can likely get it thrown out. 

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