How many days’ notice must my landlord give me for eviction in Idaho?

For nonpayment of rent or most lease violations, your landlord must provide at least a 3-day notice. For month-to-month tenancies being ended without cause, at least 30 days’ notice is required.

Can my landlord evict me in Idaho without going to court?

No. Eviction in Idaho must go through the court process, and only a judge can order your removal from the rental property.

What should I do if I get an eviction summons and complaint in Idaho?

Respond to the court by the deadline provided, attend your hearing, and bring any documentation or evidence that supports your case.

Is there a standard form for eviction notices in Idaho?

Idaho does not have a statewide standard eviction notice form; landlords must provide written notice per Idaho Code, but recommended templates are available from the Idaho Court Assistance Office.

Where can I get Idaho eviction forms and help completing them?

Visit the Idaho Court Assistance Office’s website for official eviction forms and help for renters responding to notices or court proceedings.

Idaho Eviction Laws: Legal Reasons and Tenant Defenses

Evictions & Lease Violations Idaho published: June 21, 2025

If you're renting a home or apartment in Idaho and have received a notice to leave, you may be wondering if your landlord is following the law. Idaho has specific rules landlords must follow to evict a tenant, and tenants have rights and possible defenses. This guide covers the legal reasons for eviction in Idaho, tenant protections, and how to navigate the process safely.

Understanding Legal Reasons for Eviction in Idaho

In Idaho, landlords can only evict tenants for certain reasons, and they must strictly follow state law and official eviction procedures. Common legal reasons for eviction include:

Nonpayment of rent – Not paying rent on time is the most common reason for eviction.
Violation of lease terms – Breaking specific terms of your lease, such as having unauthorized pets, guests, or illegal activity.
Holdover (remaining after lease ends) – Staying in the rental after the lease or rental agreement has ended or after proper notice to vacate has been given.

Landlords cannot legally evict you for discriminatory or retaliatory reasons, such as complaining about unsafe conditions or requesting repairs.
Evictions in Idaho are governed by the Idaho Statutes Title 6, Chapter 3 (Forcible Entry and Unlawful Detainer).^[1]

The Idaho Eviction Process and Key Forms

The eviction ("unlawful detainer") process in Idaho requires landlords to provide the correct notice and follow legal procedure. Notably, tenants are entitled to due process and court review before being forced to leave.

Required Notices and Forms

3-Day Notice to Pay Rent or Vacate (No official form; see Idaho Code § 6-303(2))
Used when rent is late. The landlord must give the tenant at least three days’ notice in writing to pay all rent owed or move out. Example: Your landlord puts a written notice on your door because you are seven days late on rent. You have three days to pay or leave.
3-Day Notice to Cure or Vacate
Given for certain lease violations (such as a banned pet or unauthorized occupants). You are given three days to correct the problem or vacate.
30-Day Notice to Terminate (for month-to-month tenancies; no official form)
Used when the landlord wants to end a month-to-month lease for reasons other than nonpayment or violation.
Summons/Complaint for Eviction (Unlawful Detainer)
If you do not comply with a notice, the landlord can file a lawsuit in the Idaho state courts. The complaint initiates the formal court eviction process.
Where to find forms: Downloadable eviction forms and instructions are on the Idaho Court Assistance Office (CAO) Forms for Civil Cases.

Example: Responding to a Summons and Complaint

If you receive an official Summons and Complaint for Unlawful Detainer, it means your landlord has filed an eviction lawsuit. You must file a response with the court before your hearing date. Your hearing may be within just a few days of receiving the documents, so do not delay.

Tenant Defenses Against Eviction in Idaho

If you believe your landlord has not followed the law, you have the right to present your defense in court. Potential tenant defenses include:

Improper notice – The landlord did not give you the correct type of notice, or it wasn’t delivered according to the law.
Returned rent payment – You paid all rent owed (and the landlord accepted it) before the notice period expired.
No lease violation – The claimed rule violation did not actually occur.
Retaliation or discrimination – You are being evicted for exercising your legal rights, such as requesting repairs or reporting code violations. (This is prohibited under Idaho law.)
Unlawful procedure – The landlord skipped required steps or filed the wrong forms.

If you receive a notice or a court summons, always attend your court hearing and bring proof of payments, communications, and photos or evidence that support your case.

What to Expect in Court

Eviction cases in Idaho are held in state district courts. The judge will listen to both the landlord’s and tenant’s explanations before making a decision. If the court rules against you, you may be ordered to leave in as little as five days.

Official Eviction Tribunal in Idaho

Idaho eviction cases are handled by the Idaho State Courts (District Courts). Forms and instructions are available through the Idaho Court Assistance Office. The key law covering tenant and landlord rights during eviction is Idaho Statutes Title 6, Chapter 3.^[1]

Frequently Asked Questions About Idaho Evictions

How many days’ notice must my landlord give me for eviction in Idaho?
It depends on the reason. For unpaid rent or most lease violations, your landlord must give you a 3-day written notice. For ending a month-to-month tenancy without cause, at least 30 days’ written notice is required.
What can I do if I get an eviction notice in Idaho?
Read the notice carefully. If for unpaid rent, pay all past-due rent within the notice period if possible. For lease violations, correct the problem. If you disagree, gather documents and be ready to explain your side in court.
Do I have to move out if I get a 3-day notice?
No. You have the right to remain until a court has formally ordered eviction. Use the notice period to pay or fix the issue if you can, and attend the court hearing if one is scheduled.
Can I be evicted without a court order in Idaho?
No. Only a judge can order your eviction. Your landlord cannot remove your belongings, change locks, or shut off utilities without a court order.
Where can I find Idaho eviction forms and self-help?
Visit the Idaho Court Assistance Office for official eviction forms and guidance.

Conclusion: Key Takeaways for Idaho Renters

Eviction in Idaho must follow specific legal reasons and procedures outlined in state law.
Tenants have the right to receive proper notice, defend themselves in court, and access help through official state resources.
If you receive an eviction notice, act quickly and speak to the Idaho Court Assistance Office for guidance on forms and hearings.

Need Help? Resources for Renters

Idaho Court Assistance Office: Official forms, self-help guides, and information on court eviction cases.
Idaho State Courts: Find your local courthouse for filing or responding to an eviction summons.
Idaho Legal Aid Services: Free tenant advice and support for qualifying renters facing eviction.
Read the Idaho Eviction Laws: The full text of Idaho Statutes Title 6, Chapter 3 (Forcible Entry and Unlawful Detainer).

See Idaho Statutes Title 6, Chapter 3 – Forcible Entry and Unlawful Detainer for the governing laws on residential evictions.
Access official state court forms and guides at the Idaho Court Assistance Office.