Idaho evictions can be a lengthy process that if not done within the specific confines of the Idaho Eviction Statute can cost you a lot of time, money and aggravation.
If you would like to learn more about the how to evict a tenant a Free - Idaho Tenant Eviction Process Explanation is provided at the bottom of this web page.
They also offer a link to Free - Idaho Tenant Eviction Notices & Landlord Forms.
If you have any questions about the Idaho Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local Boise Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
Call Eviction Attorney Brian Webb today to discuss your case (208) 331-9393.And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
A tenant can be evicted:
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:
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:
c. The notice must be delivered or served on the tenant(s) in a certain way:
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:
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.