Idaho Rules for Extended Hotel and Motel Tenancy

If you are staying in a hotel or motel in Idaho for an extended period, you might wonder what your rights are as a renter. Unlike traditional apartment tenancies, hotel and motel renters have a unique legal status. This article explains Idaho’s rules for hotel and motel tenancies, including when guests gain tenant rights, eviction procedures, and where to get help if you feel your rights are being ignored.

When Does a Hotel or Motel Guest Become a Tenant in Idaho?

In Idaho, the distinction between a short-term guest and a tenant is important. If you are staying at a hotel or motel for longer than 30 days, you may be considered a tenant under Idaho Residential Landlord and Tenant Act.^[1] Once you are classified as a tenant, you gain certain legal protections, such as rights related to notice before eviction and habitability standards.

• If your stay is less than 30 days, you are generally considered a transient guest and do not have full tenant rights.
• After 30 days, hotel or motel management must follow Idaho’s eviction notice laws.

Protections and Responsibilities

Once classified as a tenant, you have responsibilities such as paying rent and keeping your unit in safe condition. In return, the hotel or motel must:

• Keep your unit safe and habitable
• Follow Idaho’s landlord-tenant laws when ending your stay

Eviction Rules for Hotels and Motels

Evictions from hotels and motels follow different procedures depending on your length of stay. If you have stayed for more than 30 consecutive days, you cannot be removed without proper notice. The property owner must usually provide at least 3 days’ written notice before filing for eviction in court, as outlined in Idaho Code § 6-303.

• 3-Day Notice: Required for nonpayment of rent or violation of terms
• If you do not leave after the notice period, the owner must file an eviction action in court

Official Forms Used in Idaho Hotel/Motel Tenancy

• Three-Day Notice to Vacate (No standard state form): Used by an owner to inform you they are terminating your tenancy, often for nonpayment or violation. Example: If you cannot pay rent after 30 days of stay, management serves this notice. See example and guidance in the Idaho Courts Eviction Proceedings Forms.
• Complaint for Eviction (Form CAO UD 1): This form is filed by the landlord if you do not move out after the 3-day notice. More details and the form can be found at Idaho Legal Self-Help Eviction Forms.
• Answer to Eviction (Form CAO UD 2): If you receive a court summons, you can file this form to respond. For instructions and the form, visit Idaho Legal Self-Help Center.

For comprehensive steps on responding to an eviction, see the 'How To' section below.

Where to Bring Complaints or Seek Help

Hotel and motel tenancy matters in Idaho are handled by your local District Court. For issues of habitability and landlord-tenant disputes, you can also consult the Idaho Attorney General’s Consumer Protection Division.

The main legislation governing your rights is the Idaho Residential Landlord and Tenant Act.^[1]

Summary: Key Points for Idaho Hotel/Motel Renters

• Stays over 30 days grant you tenant protections under Idaho law
• Eviction requires written notice and a court process
• Use only official forms and respond quickly to any eviction paperwork

Frequently Asked Questions

1. How long must I stay at a hotel or motel in Idaho before I become a legal tenant?
   Generally, after 30 consecutive days, you are considered a tenant and gain additional legal rights.
2. Can a hotel or motel evict me without notice in Idaho?
   No, once you have tenant status, the property must give you at least 3 days’ written notice before starting eviction in court.
3. What should I do if I receive a three-day notice to vacate?
   Read the notice carefully, and if you disagree or need more time, consider filing an Answer (CAO UD 2) with the court. You can use guides from the Idaho Court Self-Help Center.
4. Where can I file a complaint about hotel or motel living conditions?
   You can contact the Idaho Attorney General’s Consumer Protection Division or file a case with your local District Court.
5. Are there official forms for hotel or motel evictions?
   Yes, forms like the Complaint for Eviction (CAO UD 1) and Answer to Eviction (CAO UD 2) are used in these situations and are available from the Idaho Legal Self-Help Center.

Conclusion: What Idaho Hotel and Motel Renters Should Remember

• After 30 days, you have legal rights as a tenant in Idaho even when renting a hotel or motel room.
• Eviction requires proper notice and a legal process.
• Get familiar with official forms and where to seek legal help to protect your rights.

Need Help? Resources for Renters

• Idaho Legal Self-Help Center: Eviction Forms and Guidance
• Idaho Attorney General: Landlord and Tenant Rights
• Find Your Local Idaho District Court

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1. Idaho Residential Landlord and Tenant Act, Idaho Code Title 6, Chapter 3
2. Idaho Attorney General – Landlord and Tenant Guidelines
3. Idaho Legal Self-Help Center – Eviction Proceedings

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