A tenant can be evicted:
- If they are behind in the payment of rent;
- If they are violating a term of their lease agreement;
- If they are using, delivering, or producing a controlled substance on the property;
- If they are renting month to month and 30 days’ notice is given requesting that they vacate the property.
However, before a tenant can be evicted, the landlord must follow the procedures outlined in the Idaho statutes. A landlord cannot perform a “self-help” eviction.
1. Provide Notice.
a. A landlord must give sufficient minimum notice to a tenant, as follows:
- Default in the payment of rent;
- Waste or damage to the property;
- Unauthorized subletting;
- Breach of the lease.
- Holding over (the lease has expired).
- Using, delivering, or producing a controlled substance (unless a government subsidy is involved);
- Post foreclosure eviction (unless trumped by Federal law).
These are minimum periods required by law. A lease agreement could expand the time for providing notice to a tenant. Weekends and holidays are excluded for 3 Day Notices.
b. The notice must contain certain information, as follows:
- The names of all known tenants plus “all guests and/or subtenants”;
- A description of the default;
- A time to cure the default or vacate the property;
- A notice of the tenant’s liability for attorney fees and costs (Idaho Code § 6-324 must be included in Notice);
- A signature of the landlord or the agent for the landlord;
- The method of delivery or service of the notice;
c. The notice must be delivered or served on the tenant(s) in a certain way:
- Personally upon the tenant (home or business); or
- Left with person of suitable age and mailed first class mail postage prepaid to the tenant; or
- Posted conspicuously on the property and mailed to the tenant.
For a 3-day notice, if the default is totally cured within the 3-day period, the lease is reinstated until the next default occurs. However, the acceptance of a partial payment could operate as a waiver of the notice unless the landlord is very clear that the partial payment will not stop the eviction process.
For a 30-day notice to a holdover tenant, an eviction action can be maintained after the expiration of the 30 days.
2. Go to trial.
If the default is not cured within the time provided by the notice, a landlord may commence an “Unlawful Detainer,” or eviction action to recovery possession of the property. For non-payment of rent, for a post-foreclosure eviction, or for the tenant’s use, delivery, or production of a controlled substance, the landlord may utilize an expedited trial setting.
a. Summary of Expedited Eviction Trial:
- A trial is set within 12 days of filing the Complaint. However, the tenant must be served at least 5 business days before the trial date.
- Reasonable attorney fees and court costs will be allowed in addition to recovery of the property only if notice under Code § 6-324 was included in the Notice to tenant.
- At this trial, a landlord cannot recover a judgment for rent or other damages. A separate lawsuit must be filed.
For all other issues, an expedited trial is not allowed. The landlord may issue a standard summons and serve it with a complaint. The tenant then will have 20 days after service to contest the case.
3. Recover Possession.
If the landlord prevails at trial, the Clerk or the Court will issues a Writ of Restitution directing the County Sheriff to restore the property to the landlord. The sheriff usually will allow the tenant 2-3 days to move but will require immediate action to post notice to the tenant that if they are not gone by a certain date and time the Sherriff will forcibly remove them and their property.
However, before the Sheriff will move a tenant, they will require advance payment of moving costs, usually between $800 and $1500. If the Sheriff has to move the tenant’s property, they will usually auction it within 30 days and apply the proceeds from the sale against the moving and storage costs and any amount of attorney’s fees awarded in the judgment.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.