How to Evict a Roommate Not on the Lease in Idaho

Having a roommate who isn’t listed on your lease can make things complicated, especially if you need them to move out. Idaho renters may face unique challenges if their roommate—sometimes called an "occupant," "guest," or "subtenant"—is not officially on the lease agreement. This article walks you through the process to evict a roommate not on the lease in Idaho, using clear language and official state resources.

What Is the Legal Status of a Roommate Not on the Lease?

If you’re renting in Idaho and your roommate isn’t on the lease, they’re likely considered your guest or, in some cases, your subtenant if you collect rent from them. Legally, you may be viewed as their "landlord," separate from your own landlord-tenant relationship. Although Idaho landlord-tenant laws are generally straightforward, eviction of a roommate follows specific steps under state law.

Steps to Evict a Roommate Not on the Lease in Idaho

In Idaho, you must follow the Idaho Uniform Residential Landlord and Tenant Act when seeking to remove a roommate or subtenant. This typically requires serving proper notice and, if necessary, going through the courts.

• Step 1: Give Written Notice. You must first serve your roommate with a written notice to vacate. The most common notice is a 3-Day Notice to Quit if they haven’t paid agreed-upon rent, or a 30-Day Notice to Terminate a month-to-month agreement.
• Step 2: Use the Official Notice Forms. Idaho doesn’t have a statewide, mandatory notice form, but the format must include the date, names, address, amount owed (if applicable), and the deadline to vacate. For example, a 3-Day Notice to Pay or Vacate can be used if your roommate hasn’t paid agreed pizza money or rent.
• Step 3: Wait for the Notice Period to Expire. Once served, your roommate gets the full notice period (typically 3, 7, or 30 days, based on the situation) to move out.
• Step 4: File for Eviction in Court if Needed. If your roommate refuses to leave after the notice expires, you must file an eviction case in your local county court—called an “unlawful detainer” action. The official tribunal handling these matters in Idaho is the Idaho State Courts.
• Step 5: Attend the Court Hearing. Bring all documents and witnesses to prove your case. If you win, the court may order the roommate’s removal by a local law enforcement officer.

Idaho law prohibits self-help eviction, such as changing locks or removing belongings without a court order. Always follow proper legal procedures.

Relevant Official Forms

• 3-Day Notice to Pay or Vacate – Use if the roommate owes you rent, even if you’re not a formal landlord. Complete the notice and serve it in person or post it on their door. The official PDF form is available from Idaho’s Self-Help Center.
• Complaint for Eviction (Unlawful Detainer) – If your roommate doesn’t leave after notice, file a Complaint for Eviction at your county district court. The form and instructions can be found on the Idaho Courts Self-Help Portal.

When serving any notice or filing in court, keep a copy for your records. If possible, use certified mail or get written acknowledgment of receipt.

Can I Call the Police or Change the Locks?

In Idaho, you cannot use force, lockouts, or police (except to enforce a court order) to remove a roommate. Eviction is only legal after following the full legal process, including notice and court proceedings.
If you feel unsafe, contact law enforcement, but they may refer you to the civil eviction process unless there is an immediate threat.

Understanding Idaho Tenancy Legislation

The main law governing evictions in Idaho is the Idaho Uniform Residential Landlord and Tenant Act. This act outlines the required steps, timelines, and renter protections for removing an occupant. Review these laws directly for the most up-to-date requirements, or use the Idaho Court Assistance Office for free resources and guides.

FAQ: Evicting an Unlisted Roommate in Idaho

1. Can I evict a roommate who doesn’t pay rent if they aren’t on the lease?
   Yes, regardless of lease status, if your roommate has an informal rental agreement (such as shared bills or agreed payments), you can serve them a 3-Day Notice to Pay or Vacate.
2. What if my roommate refuses to leave after the notice period?
   You must file a court action for eviction (unlawful detainer) at your local county court. Do not attempt a self-help eviction.
3. Do I need my landlord’s approval to evict a roommate not on the lease?
   Check your lease and communicate with your landlord. In most cases, if your roommate is only living there with your permission, you can initiate the process, but your landlord must be kept informed.
4. Does a verbal agreement count as a rental agreement?
   Yes, in Idaho, verbal rental agreements can be enforced for month-to-month arrangements, though written agreements are easier to prove.
5. Which agency or tribunal handles eviction cases in Idaho?
   The Idaho State Courts (District Court) handle residential eviction cases. Start at the Court Assistance Office landlord-tenant page.

Key Takeaways for Idaho Renters

• Evicting a roommate requires formal notice and, often, going to court.
• Never use self-help tactics like changing locks; always follow legal steps.
• Document everything, and use official forms to protect your rights.

Always check the latest state legislation and consider consulting with free legal help if needed.

Need Help? Resources for Renters

• Idaho Court Assistance Office – Landlord-Tenant Resources (official forms and guides)
• Idaho State Courts (filing instructions and courthouse directory)
• Idaho Legal Aid Services (free tenant legal help if you qualify)
• Idaho 2-1-1 (referrals for community and housing support)

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1. Idaho Uniform Residential Landlord and Tenant Act, Title 6, Chapter 3
2. Idaho Court Assistance Office – Landlord-Tenant Information
3. Idaho State Courts - District Courts

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