kick em out quick logo

Nampa Eviction Process

How to Evict a Tenant in Canyon County, ID

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 have any questions about the Canyon County Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager, please contact Mike McClure, your local Nampa, ID 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.*

If you would like to learn more about how to evict a tenant, a Free – Idaho Tenant Eviction Process Explanation is provided below.

Attorney Mike McClure

BWL.legal, Kick'em Out Quick® Member Law Firm

Serving Nampa and all of

Canyon County,

ID.

The Eviction Process in Canyon County

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:
            3 Days

  • Default in the payment of rent;
  • Waste or damage to the property;
  • Unauthorized subletting;
  • Breach of the lease.

            30 Days

  • Holding over (the lease has expired).

No Notice

  • 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. Applicable rules may affect how time is calculated for tenant notices, so please consult with an experienced attorney to ensure compliance. 

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 notice that tenant will have seventy-two (72) hours to remove its belongings from the premises before the landlord may remove and dispose of such property pursuant to Idaho Code § 6-316 if a court enters a judgment for eviction;
  • 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 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 21 days after service to contest the case.


3. Recover Possession.

If the landlord prevails at trial, the Clerk or the Court will issue a Writ of Restitution directing the County Sheriff to restore the property to the landlord. The Sheriff may serve the Writ on the tenant seventy-two (72) hours after judgment for eviction has been entered. Typically, the Sheriff will only provide an additional twenty-four (24) hours to the tenant to vacate the premises. If tenant fails to vacate, the Sheriff will forcibly remove the tenant and turn the property back over to the landlord.

However, before the Sheriff will move a tenant, they will require advance payment of $315, of which $200 will be returned to landlord if the Sheriff does not have to forcibly remove the tenant.



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.

Contact BWL.legal

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Call for Free Consultation (208) 274-5201
Close

Legal Disclaimer

KICK‘EM OUT QUICK® EVICTIONS & COLLECTIONS, LLC ON-LINE DIRECTORY LEGAL DISCLAIMER & PRIVACY POLICY ON-LINE DIRECTORY LEGAL DISCLAIMER: *NO REPRESENTATION IS MADE THAT THE QUALITY OF THE LEGAL SERVICES TO BE PERFORMED IS GREATER THAN THE QUALITY OF LEGAL SERVICES PERFORMED BY OTHER LAWYERS. **THE OUTCOME OF EACH LEGAL CASE DEPENDS UPON MANY FACTORS, INCLUDING THE FACTS OF THE CASE, AND NO ATTORNEY CAN GUARANTEE A POSITIVE RESULT IN ANY PARTICULAR CASE. This website is for informational purposes only. This website is not intended to create, and does not create, an attorney-client relationship. Sending a question or comment via e-mail, voice mail, fax, SMS, MMS or any other means does not create an attorney-client relationship. Use of this website is not intended to create in any party any rights whatsoever. You should not rely on this website alone for making decisions regarding your legal matters, as that requires an analysis of your specific facts in the context of existing law. It is recommended that you seek legal counsel for such matters. The content provided on this on-line directory web site is presented as a courtesy to be used only for informational and advertising purposes only and is not represented to be error free. Kick ‘em Out Quick (“KOQ)” makes no representations or warranties of any kind with respect to this site or its content, such representations and warranties being expressly disclaimed. KOQ does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Nothing contained in or through the website constitutes, nor is intended to constitute, an offer, inducement, promise, a contract of any kind, legal advice, etc. Moreover, KOQ does not represent or warrant that the content of its website is accurate, complete or current for any specific or particular purpose or application. It is not intended to provide nor should anyone consider that it provid es legal, accounting, tax or other advice. Such advice should only be rendered in reference to the particular facts and circumstances appropriate toiframe each situation. KOQ encourages you to contact appropriate professional(s) and consultant(s) to assess your specific needs and circumstances and to render such advice accordingly. In addition, KOQ is not endorsing or recommending the use of the means or methods contained on or through this site for any special or particular purpose. In addition, any links to non-KOQ information or references to unaffiliated organizations, businesses, attorneys, etc. are provided as a courtesy and convenience to browsers. Such links and references are not intended to, nor do they constitute, an endorsement of the linked materials or the referenced organizations, businesses, attorneys, etc. by KOQ. The content and views on such links and of such organizations are solely their own and do not necessarily reflect those of KOQ, or the organizations’ officers, directors or associates. In no event will KOQ or any of its officers, directors or associates be liable for any damages — whether direct, indirect, special, general, consequential, for alleged lost profits, or otherwise – that might result from any use of or reliance on these materials. ON-LINE DIRECTORY PRIVACY POLICY: Kick’em Out Quick® Evictions & Collections, LLC takes your privacy seriously. This privacy policy describes what personal information we collect and how we use it. Routine Information Collection All web servers track basic information about their visitors. This information includes, but is not limited to, IP addresses, browser details, timestamps and referring pages. None of this information can personally identify specific visitors to this site. The information is tracked for routine administration and maintenance purposes. Cookies and Web Beacons Where necessary, Kick’em Out Quick® Evictions & Collections, LLC uses cookies to store information about a visitor’s preferences and history in order to better serve the visitor and/or present the visitor with customized content. Advertising partners and other third parties may also use cookies, scripts and/or web beacons to track visitors to our site in order to display advertisements and other useful information. Such tracking is done directly by the third parties through their own servers and is subject to their own privacy policies. Controlling Your Privacy Note that you can change your browser settings to disable cookies if you have privacy concerns. Disabling cookies for all sites is not recommended as it may interfere with your use of some sites. The best option is to disable or enable cookies on a per-site basis. Consult your browser documentation for instructions on how to block cookies and other tracking mechanisms. Special Note About Google Advertising Any advertisements served by Google, Inc., and affiliated companies may be controlled using cookies. These cookies allow Google to display ads based on your visits to this site and other sites that use Google advertising services. Learn how to opt out of Google’s cookie usage. As mentioned above, any tracking done by Google through cookies and other mechanisms is subject to Google’s own privacy policies. Contact Information Concerns or questions about this privacy policy can be directed to Duncan@Kickemoutquick.com for further clarification.