by Katelin E. Bartles

The Idaho eviction process is a unique and often confusing segment of landlord-tenant law. Attorneys who specialize in this field understand that Idaho’s eviction statutes are poorly written and terribly disorganized, often making it difficult to navigate the process correctly. This article provides the framework for attorneys representing landlords and outlines the different types of eviction proceedings in Idaho. With the help of this guide, your law office should be well-equipped to represent landlord clients effectively.

Idaho’s eviction code comprises several distinct categories, each with its own set of unique rules and procedures. The main types of evictions include those for non-payment of rent, failure to vacate following non-renewal of a lease term, lease violations, drug-related evictions, removal of manufactured homes from leased property, and forcible detainer cases.

Eviction for Non-Payment of Rent

The most common form of eviction is failure to pay rent. Non-payment evictions arise when a tenant fails to meet their financial obligations as stipulated in their lease agreement. These evictions can also be pursued if the non-payment violates an oral agreement, albeit such scenarios are much more difficult to prove in court. Idaho Code § 6-303(2) defines and discusses when eviction for non-payment is appropriate.

To initiate the eviction process, landlords must first serve the tenant with a three-day notice to pay or vacate. As one might assume, the notice states that the tenant has three days from the date of the notice delivery to either pay the rent owed or vacate the premises. Often judges may refer to said notice as a “three-day notice to quit,” a synonymous term that is popular with some practitioners. Proper delivery of the notice is crucial.

Idaho Code § 6-304, the first example of a horrendously written statute, provides guidance on how to effectuate service. Ideally, the notice should be personally delivered to the tenant and can be delivered by any adult, including the landlord. If personal delivery is not possible, the landlord may choose to post the notice on the property and provide an additional copy via standard mail. In my experience, it is best practice to advise your landlord client to also send a copy of the notice via text, as this is often the most common form of communication between landlords and tenants.

The three-day notice must include information about the consequences of a judgment being entered against the tenant. Three-day notices must include language stating that tenants will have 72 hours to remove their belongings following a judgment of eviction.[i] Commercial tenants and tenants with more than five acres of property are entitled to longer removal times post-judgment.[ii] Failure to include this language requires re-service to the tenant with proper notice, and as such restarts the three-day period to comply. This occurs even if an eviction action has already been filed.

If the tenant fails to vacate or make the required lease payment within the three-day period, as the landlord’s attorney you will need to file a complaint for an expedited eviction and corresponding summons. The complaint filed should include all necessary information as required by Idaho Code § 6-310. The summons issued is not a standard summons, as landlords are entitled to a hearing within twelve days of filing the complaint. As such, the format of the summons may vary depending on the judicial district and courthouse. In Ada County, for instance, the filing attorney should leave a blank space for the expedited hearing’s date and time, with the Court later filling in this information before returning the conformed copy. In accordance with Idaho Code § 6-310(2), the complaint and summons must be served at least five days before the hearing date.

Generally, the expedited hearing will focus solely on whether payment was made, or if the tenant vacated within the required three-day period. According to Idaho Code § 6-310(2), the scheduled hearing is the trial the landlord is entitled to. However, in practice judges will often reset the trial for a later but imminent date. In my experience, the hearing is best utilized as an opportunity to negotiate payment or a move out date between the parties. Some courts require the parties to attend mandatory mediation during the expedited hearing, a process that is highly beneficial to both parties involved. 

Eviction for Failure to Vacate Following Non-Renewal of a Lease Term

Non-renewal evictions occur when a tenant remains in possession of a property after receiving proper notice that their lease term has ended. Idaho Code § 6-303(1) defines this type of eviction and discusses when eviction for non-renewal is appropriate.

The notice period for non-renewal is generally contingent upon the terms outlined in the written lease agreement. Each lease agreement is different and may specify different notice periods for non-renewal. However, to comply with Idaho Code § 55-307(3)(a), the notice period must occur at least 30 days before the lease term ends. Otherwise stated, notice of non-renewal must be delivered to a tenant at least 30 days before the lease term ends, but individual leases may contract for a notice period greater than 30 days. Delivery of the notice should be in writing and in accordance with the lease terms.[iii] In situations without a written lease agreement, a tenancy at will, Idaho Code § 55-208(1) necessitates at least one month’s notice of non-renewal. Abysmally written Idaho Code strikes again when it comes to delivery of the notice for a tenancy at will. Idaho Code § 55-208(1) states that service must be made, “in the manner prescribed by the code of civil procedure.”

You may be shocked to hear that the I.R.C.P. doesn’t specifically state how to deliver such notices, and that there are multiple rules governing service of papers. In practice, judges in Ada, Canyon, Owyhee, Gem, and Elmore Counties have generally ruled that service is proper if done in accordance with I.R.C.P. 5(b), which allows for personal delivery and mailing among other things. In my practice, I typically advise clients to serve in the same manner that a three-day notice to pay or vacate is served.

If the tenant refuses to vacate the property after the term expires and proper notice has been served, the landlord will need to initiate the standard eviction process, which follows the typical lawsuit procedure. After serving the complaint and standard summons, tenants have 21 days to file an answer. If the tenant fails to respond, you’ll need to file for default and default judgment on behalf of your client. In cases where the tenant does respond, you’ll want to move for summary judgment. This approach is often effective if the tenant does not have an ownership interest in the property they are leasing.[iv]