Having to evict a tenant after they break their lease is never a good situation for a landlord. An eviction can be difficult to navigate, especially since each state has different laws enforced.
This is why we at Keyrenter Boise have put together a step-by-step guide to help you understand the specific eviction laws in place in the state of Idaho.
Step 1: The Notice for Eviction is Posted
In Idaho, a landlord may begin an Idaho eviction process for many different reasons. But each one has its own rules and regulations for how to start the process:
Non Payment of Rent
A landlord can legally evict a tenant if the tenant fails to pay their rent on time. In Idaho, rent payments are considered late the day after they are due. If you offer any grace periods, they should be addressed in the lease agreement.
Once the rent payment is officially past due, a tenant must be served with a 3-Day Notice to Pay. This notice gives the tenant the opportunity to avoid being evicted by making the necessary rental payment in full. At this point, you may have to make considerations pertaining to the security deposit.
If the tenant fails to pay rent by the end of the 3-day notice period, then the landlord may continue with the eviction lawsuit.
Violation of the Lease
According to Idaho law, a landlord may begin an eviction lawsuit with a tenant if they do not abide by the rules and responsibilities of the lease agreement. This can include causing damage to the rental property, having too many people live on the property, or having a pet on the property when there is a no-pet policy in place among many other things. Be wary of violating the Fair Housing Act here, so if you have any questions contact an attorney or property managers.
In this case, a landlord must provide the tenant with a 3 Day Notice to Comply, which gives the tenant 3 days to avoid being kicked out of the unit by correcting the issue. If the tenant does not correct the violation within the 3 days, the landlord may begin the eviction process.
End of the Lease Term
As per the Idaho eviction laws, if the tenants remain in the property after the lease rental agreement has ended, then the landlord can provide them with 30 days’ notice before evicting them. This may include tenants who do not have a written lease, or week-to-week and month-to-month tenants.
This type of eviction usually occurs when the tenant has reached the end of their lease, and the landlord does not wish to renew it.
Waste on the Property
If a tenant leaves waste to the rental property, they can be provided with a 3 Day Notice to Quit, which will give the tenant 3 days to leave the property. If they fail to move out before the 3-day window, the landlord may continue the Idaho eviction process.
Illegal Activity
As per the landlord-tenant laws, If the tenant is engaging in illegal drug activity on the rental property, the landlord must give written notice 3 days before continuing with the eviction process.
Step 2: Complaint is Filed and Served
In this step, landlords file a complaint with the District Court. In Idaho, the filing fee is around $166-$221.
The summons and complaint must be served to the tenant an individual who is over the age of 18 and was not involved with the case prior to the hearing. They can deliver this through the following methods:
- Giving the tenant a copy in person
- Giving a copy to a person over the age of 18 who is also living in the rental home in addition to sending an email
- Posting a copy on the property in addition to sending one via mail.
In the event of an infraction caused by the non-payment of rent or illegal drug activity on the property, the tenant must be served with the summons and complaint at least 5 days before the hearing.
For eviction against squatters, landlords must send the tenant the summons and complaint notice at least 24 hours before the hearing. When it comes to any other reason for eviction, there landlords have no time limit.
Step 3: Court Hearing and Judgment
Depending on the type of eviction, the eviction hearing may be held in court at different times.
In the event of nonpayment of rent and illegal activity, the hearing may be held within 12 days of the complaint. In these cases, tenants may request a 2-day continuance.
If the eviction is to remove squatters, the hearing must be held within 72 hours. For all other eviction types, the small claims court will schedule the hearing at an appropriate time. Should the judge rule in favor of the landlord, the eviction proceedings may continue. If a tenant does not attend the hearing, the judge will automatically rule in favor of the landlord.
Step 4: Writ of Restitution is Issued
A writ of restitution refers to the final notice a tenant receives to vacate the property. This gives them an opportunity to take their belongings before law enforcement comes to forcibly remove them.
For unpaid rent, the writ of restitution will be issued 5 days after the end of the hearing. For all other evictions, they will be issued immediately.
Step 5: Possession of Property is Returned
Once the writ of restitution is provided to law enforcement, a tenant must move out of the rental unit immediately and will be given no further grace periods.
Idaho Eviction Timeline
Below is a rough estimate of how long you can expect an eviction process to take. These estimates can vary depending on which eviction type you are faced with.
- Notice Period – Anywhere between 3 and 30 days.
- Service of Summons and Complaints – 24 hours to 5 days or longer.
- Court Hearing and Ruling – 72 hours to 21 days or longer, depending on eviction type and whether the tenant requests a continuance.
- Issuing Writ of Restitution – A few hours to five days
- Return of Possession – Immediately
Bottom Line
The eviction process in Idaho can be a complicated one. There are many moving parts and a single mistake could derail the proceedings. So, if you have any questions, please don’t hesitate to contact us at Keyrenter Boise.
At Keyrenter Boise, we are fully versed in all the Idaho eviction laws and are ready and waiting to assist you, contact us today!
Disclaimer: Laws can change and this article may not be updated to reflect this. This article is meant to be a guide so in the event you require legal counsel, please contact a qualified attorney or property management company.