The Idaho eviction notice forms are used when a landlord is seeking to inform the tenant of a breach of the lease or to inform the tenant that the lease will terminate. If the notice is for breach, the tenant has three days to rectify the problem, either by paying the entire amount of the rent due or by curing the breach depending on what the notice states. Effective notice by the landlord is accomplished by wither delivering the notice in person, or by posting, mailing and leaving a notice with an adult located at the premises. If the tenant fails to respond, landlord may begin the eviction process by filing an unlawful detainer action with the Local District Court which includes a Summons and Complaint.
Affidavit of Service – This form must be completed with any of the notice to quit forms.
Notices By Type
3-Day Notice to Quit (Non-Payment of Rent) – This form is used when tenant has failed to pay rent in accordance with the terms of the lease. Landlord must give the tenant three days to pay before eviction proceedings are begun.
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. Landlord must give tenant three days to fix the breach before beginning eviction proceedings.
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 landlord does not intend to renew the lease.
When is Rent Late?
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 give written notice of the failure to pay rent, he or her must give the tenant three (3) days to pay before beginning the eviction process.
How to Evict (Process)
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, landlord can use a 3-Day Notice to Quit (Non-Payment of Rent). If 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, landlord may begin eviction proceedings, called 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 Affidavit of Service certifying that the landlord provided the requisite 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- Tenant has five days to respond to the summons and complaint. Landlord must provide to the court an Affidavit of Service of Summons and Complaint certifying that the summons and complaint was properly delivered to 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.