How to Evict a Tenant in Idaho (2026)
The legal steps for landlords in Idaho — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Idaho a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 3 days' written notice demanding payment of the amount due or possession. The notice must state the amount due and the tenant's post-judgment removal period (72 hours for residential tenants). Notice may be served within one year after rent is due. Source: Idaho Code § 6-303(2) |
|---|---|
| Lease violation | 3 days' written notice requiring performance or possession; tenant may cure within the 3 days. No cure notice is needed if the breached covenant cannot later be performed. Assigning/subletting or committing waste contrary to the lease terminates it (3-day notice to quit). Controlled-substance activity: 3-day notice with no right to cure. Source: Idaho Code § 6-303(3)-(5) |
| Ending a month-to-month tenancy (no fault) | Tenancy at will: landlord must give written notice of at least one month to vacate; tenant must give written notice at least one month before the stated move-out date. For residential leases, at least 30 days' written notice is also required before a rent increase or non-renewal takes effect. Source: Idaho Code §§ 55-208, 55-304(2) |
Local rent-control or just-cause rules can limit evictions: Local rent control is preempted. Cities, counties and other local governments may not adopt or enforce laws that set the rent, fees or deposits owners may charge on private residential property, or compel owners to participate in optional federal housing assistance programs. No statewide cap.
Step 2: Write and deliver the notice correctly
| What the notice must say | A 3-day written notice requiring payment or possession that states the amount due and tells the tenant that, if the court enters judgment, a residential tenant will have 72 hours (commercial or 5+ acre tenants 7 days or longer if granted) to remove belongings before the landlord may remove and dispose of them. May be served any time within 1 year after rent is due; also served on any subtenant. Service: personal delivery; or, if the tenant is absent from home and work, leaving a copy with a person of suitable age and discretion there plus mailing to the residence; or, if neither can be done, posting conspicuously on the property, delivering a copy to a resident if found, and mailing to the property address. Source: Idaho Code §§ 6-303(2), 6-304 |
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| How it must be delivered | Eviction notices (3-day notices) must be served by: (1) handing a copy to the tenant personally; or (2) if the tenant is absent from home and work, leaving a copy with a person of suitable age and discretion at either place AND mailing a copy to the tenant's residence; or (3) if those places can't be found or no suitable person is there, posting a copy conspicuously on the property, delivering a copy to a person living there if one can be found, AND mailing a copy to the tenant at the property. Termination of a tenancy at will requires written notice served in the manner the code of civil procedure prescribes. No statute authorizes e-mail or text notice. Source: Idaho Code §§ 6-304, 55-208(1) |
Notice forms:
- Idaho notice to pay rent or quit — requirements and free draft
- Idaho notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Idaho are heard in: Idaho District Court (magistrate division) in the county where the property is located.
- Serve written notice: 3-day notice to pay or quit (nonpayment), 3-day notice to cure or quit (lease violation), or at least one month's notice to end a tenancy at will
- File a verified unlawful detainer complaint
- Nonpayment/drug cases (land 5 acres or less): court sets trial within 12 days of filing; summons, complaint and trial notice served at least 5 days before trial
- Other cases: tenant has 21 days to answer (AG manual)
- Judgment for possession; the tenant may be granted only a 2-day continuance unless security is posted
- Residential tenant has 72 hours after judgment to remove belongings; sheriff restores possession under a writ of restitution
Court timing: Expedited (nonpayment / controlled substance): trial within 12 days of filing, with service at least 5 days before trial. Ordinary unlawful detainer: 21 days to answer.
Source: Idaho Code §§ 6-303, 6-310, 6-311, 6-316
How long it takes to evict a tenant in Idaho
For unpaid rent, the notice period is 3 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Idaho
Court filing and service fees are set locally. Verified fees in the largest Idaho counties:
| County | Filing and service fees |
|---|---|
| Ada County (Boise) | $166 to file an unlawful detainer (eviction); $136 to file an answer/response |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Tenancy at will: landlord must give written notice of at least one month to vacate; tenant must give written notice at least one month before the stated move-out date. For residential leases, at least 30 days' written notice is also required before a rent increase or non-renewal takes effect. Source: Idaho Code §§ 55-208, 55-304(2) |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | Sheriff removal without a lawsuit. A property owner (or authorized agent) may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, under penalty of perjury, with government ID or proof of agency) if: the occupants entered unlawfully and remain; the property was not open to the public; the owner told them to leave; they are not current or former tenants under an owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-restitution service fee, plus an hourly stand-by fee if requested while locks are changed and belongings moved to the property line. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. Source: Idaho Code § 6-310A |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Self-help eviction is unlawful: a landlord may not shut off utilities, change locks, confiscate the tenant's property, or do anything other than file a lawful eviction. A party who recovers damages for forcible or unlawful entry or detainer may be awarded up to three times actual damages. |
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| Retaliation | No statute — Idaho has no general anti-retaliation statute for residential tenants. The Idaho Attorney General's Landlord and Tenant Manual says a landlord may not evict a tenant for asking for repairs or joining a tenants' association, but it cites no statute and sets no presumption period. Tenants in manufactured home communities are protected by statute: the landlord may not end or refuse to renew the tenancy, raise rent, cut services, or threaten eviction because the resident complained in good faith to a code agency or to the landlord, joined or led a resident association, or hired a lawyer or agent. |
| Accepting rent after the notice | No statute — Idaho's unlawful detainer and landlord-tenant statutes (Idaho Code Title 6 ch. 3; Title 55 chs. 2-3) do not say whether accepting rent after a notice or during an eviction waives it. That question is left to case law and the lease. The statute does let the tenant (or a subtenant, mortgagee, or other interested person) save the lease from forfeiture by performing or paying within the 3-day notice period for a non-rent lease violation. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Idaho eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Idaho?
3 days' written notice demanding payment of the amount due or possession. The notice must state the amount due and the tenant's post-judgment removal period (72 hours for residential tenants). Notice may be served within one year after rent is due.
How much does it cost to evict a tenant in Idaho?
Court fees are set locally — for example, Ada County (Boise): $166 to file an unlawful detainer (eviction); $136 to file an answer/response.
Can a landlord change the locks to evict a tenant in Idaho?
Self-help eviction is unlawful: a landlord may not shut off utilities, change locks, confiscate the tenant's property, or do anything other than file a lawful eviction. A party who recovers damages for forcible or unlawful entry or detainer may be awarded up to three times actual damages.
How do you evict a tenant without a lease in Idaho?
Tenancy at will: landlord must give written notice of at least one month to vacate; tenant must give written notice at least one month before the stated move-out date. For residential leases, at least 30 days' written notice is also required before a rent increase or non-renewal takes effect.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.