What is a Notice to Quit in Idaho
The Notice to Quit in Idaho is a legal document that a landlord must serve to a tenant in an attempt to fix a violation. An eviction notice gives a tenant a certain period of time to fix the violation or move out. The specific notice type to serve your tenant depends on the lease violation they have committed.
To learn more about what kind of notice you need to serve your Idaho tenants, keep reading!
Types of Eviction Notices in Idaho
72 Hour Notice to Pay Rent
You are allowed to evict a tenant for failure to pay rent. According to Idaho laws, rent becomes late a day after it’s due. Any grace periods that you provide must be addressed in the lease or rental agreement.
Once rent is overdue and you wish to evict the tenant, you must serve them a 3 Day Notice to Pay. This notice gives your tenant two options: to pay the due rent or move out within three days.
If the tenant fails to take either option, you can proceed with the eviction by going to court and filing a complaint.
3-Day Notice to Comply
You can also evict your tenant in Idaho if they fail to uphold their lease obligations. The 3-Day Notice to Comply gives a tenant 3 days to fix the lease violation in order to avoid an eviction.
Examples of lease violations under this category include exceeding the rental limit, keeping an unauthorized pet, and causing excessive damage.
If the tenant fails to correct the issue and remains in the unit, you can proceed with the legal eviction process.
3-Day Eviction Notice for Illegal Drug Activity
You must give tenants involved in illegal drug activities at your rental a 3-Days’ Notice to Quit. In Idaho, illegal drug activity includes the production, use, or unlawful delivery of a controlled substance.
If the tenant remains on the property after the expiry of the notice, you can proceed with the eviction process.
3-Day Eviction Notice for Waste
Idaho also allows landlords to evict their tenants for committing waste in their rental property. To evict such a tenant, you must give them 3 days to move out of the rental unit.
If the tenant still remains after the notice expires, you can proceed to file a complaint in court.
30-Day Lease Termination Notice for “At Will” Tenants
A holdover tenant is a tenant that refuses to leave the rental after their lease has expired. Often, landlords serve this type of notice when they don’t want to renew a tenant’s lease for another term.
This type of notice also applies to tenants without a written lease or those operating a weekly or a monthly one. But regardless of the tenancy length or type, you must serve such tenants a 30-days’ written notice prior to starting eviction proceedings against them.
Again, if the tenant remains on the property after the 30 days have expired, you can proceed with an eviction.
Information Required for all Eviction Notices in Idaho
What to include in an eviction notice depends on the reason for the eviction. The following are general requirements:
- The date the tenancy will end
- The reason for the eviction
- Name and contact information of the tenant
It’s also imperative that you get the tenant’s signature that confirms receipt of the eviction notice.
How to Serve an Eviction Notice to a Tenant
An eviction notice must be delivered in a certain way for it to be legally binding. In Idaho, the following are the acceptable methods:
- Giving the written notice to your Boise, ID tenant in person
- Leaving a copy with someone of suitable age if the tenant isn’t available. You must also mail a copy to the tenant
- Posting a copy at a conspicuous place at the rental premises. Once again as the landlord, you must also mail a copy to the renter
The Outcome of Serving a Notice in Idaho
The outcome of serving a notice in Idaho will go one of two ways. The tenant can choose to either obey or disregard it.
If they choose to obey and move out, then the eviction proceedings won’t be necessary. You can then pursue any financial damages in a small claims court. However, if the tenant chooses to disregard the written notice, then you can continue with the eviction by filing a complaint in court.
In Idaho, you must do the filing in a District Court. Once you’ve successfully made the filing, the court’s clerk will issue a summons and complaint. These must be served by anyone who is not a part of the process and is over the age of 18 years.
In Idaho, a tenant intending to attend the hearing must file a written answer. The only exceptions to this are for cases involving nonpayment of rent, removal of squatters, and illegal drug activity.
If the tenant fails to issue a written answer within the stipulated time, the court may issue a default judgment in your favor.
Note the following common eviction defenses in the state of Idaho:
- The rental unit doesn’t meet the required health and safety codes
- The landlord overcharged the rent, which made them withhold further rent payments
- The eviction was based on a discriminatory reason. Fair Housing Laws prohibit discrimination based on some protected characteristics. Idaho protected characteristics include race, color, national origin, and familial status.
- The eviction is retaliatory. It’s illegal to try to evict a tenant for exercising one of their legal rights. For example, joining or forming a union to advocate for their rights.
If the judgment is in your favor, whether through a default judgment or a successful ruling, the court will issue you a writ of restitution. This is a legal document that gives you back possession of your rental property. Only a law enforcement official, such as a sheriff, can execute it.
As an Idaho landlord, it’s important that you familiarize yourself with the different kinds of eviction notices and as well as the property eviction process. What’s more, you need to ensure that you follow landlord-tenant laws and any other local, state, and federal rental laws.
If you would like help managing your properties and making sense of rental legislation, contact the experts at Realty Management Associates Inc. today!
Disclaimer: This blog should not be used as a substitute for legal advice. Laws frequently change, and this post might not be updated at the time of your reading. Please contact a licensed attorney or a property management company if you have any questions or need help.