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 lease | 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. 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)). |
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| Removing a roommate or subtenant | A 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 leave | No 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. Source: Idaho Code § 6-310A(2) |
| Removing a family member or partner | No 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. Source: Idaho Code § 6-310A(2)(g) |
| Tenancy at will | A 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. Source: Idaho Code §§ 55-208, 6-303(1) |
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.