All Laws Decoded

How to Evict a Roommate in Idaho (and Other Household Situations)

What Idaho law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.

Short answer: Idaho has no statutory definition that makes an unlisted roommate a tenant. The Attorney General's manual explains that subletting is when the current tenant rents the property to another person; unless the lease prohibits it, tenants may sublet, and the original tenant stays responsible under the lease. A roommate who rents from the tenant is therefore that tenant's subtenant, not the landlord's tenant. Idaho Attorney General, Landlord and Tenant Manual (July 2026), "Subletting"

Roommate not on the leaseIdaho has no statutory definition that makes an unlisted roommate a tenant. The Attorney General's manual explains that subletting is when the current tenant rents the property to another person; unless the lease prohibits it, tenants may sublet, and the original tenant stays responsible under the lease. A roommate who rents from the tenant is therefore that tenant's subtenant, not the landlord's tenant.
Unlawful-detainer notices for unpaid rent or lease violations must also be served on any subtenant in actual occupation (Idaho Code § 6-303(2)-(3)).
Removing a roommate or subtenantA tenant who sublets to a roommate stands as that roommate's landlord. The roommate is removed through an unlawful detainer case after proper written notice (for example, at least one month's notice to end a tenancy at will, or 3 days' notice for unpaid rent). After judgment, the sheriff restores possession; a residential tenant has 72 hours to remove belongings. Self-help, such as changing locks or shutting off utilities, is unlawful.
Whether a roommate is a subtenant or only a guest depends on the arrangement.
Guests who won't leaveNo statute sets a number of days after which a guest becomes a tenant. Idaho's sheriff-removal procedure applies only to unauthorized persons who unlawfully entered a dwelling not open to the public, are not current or former tenants under a written or oral rental agreement, and are not immediate family members of the owner; someone the owner let in as a guest does not clearly fit that procedure.
The procedure does not limit arrest for trespass or other crimes (§ 6-310A(7)). A person wrongfully removed can recover triple the fair market rent plus damages and attorney's fees.
Removing a family member or partnerNo statute sets a procedure specifically for family members. The sheriff-removal procedure for unlawful occupants cannot be used against immediate family members of the property owner, so removing a relative requires a court case.
Which court action fits (unlawful detainer or another action) depends on whether the family member is a tenant. Domestic violence protection orders are a separate process.
Tenancy at willA tenancy at will, however created, may be ended by the landlord with written notice to leave within at least one month, or by the tenant with written notice of a move-out date at least one month after the notice. A tenancy at will must be ended by this notice before an unlawful detainer case can be brought.

Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.

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Idaho eviction laws · Free legal help in Idaho · Roommate rules in other states

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.