Housing & Tenant · Eviction Notice
Eviction Notice in Idaho
How many days of written notice a landlord must give before filing an eviction in Idaho, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in Idaho
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in Idaho | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay3 days | A 3-day written notice stating the amount due (Idaho Code 6-303(2)). The notice must also tell a residential tenant that if judgment goes against them they will have 72 hours to remove belongings. Paying within the three days keeps the tenancy. |
| Breach of a lease condition | Can fix and stay3 days | For breach of a lease condition or covenant, the tenant may perform the condition within the same three days and keep the tenancy (Idaho Code 6-303(3)). |
| Subletting against the lease or committing waste | 3 days | Assigning or subletting against the lease, or committing waste, is treated as terminating the lease, so the 3-day notice carries no chance to cure (Idaho Code 6-303(4)). |
| Controlled substance on the premises | 3 days | Unlawful delivery, production, or use of a controlled substance on the premises supports a 3-day notice with no chance to cure (Idaho Code 6-303(5)). |
| No cause, periodic tenancy | 1 month | Ending a periodic tenancy or a tenancy at will without cause takes not less than one month written notice (Idaho Code 55-208). |
| After the notice | Court | After the three-day notice, the landlord files an unlawful detainer action. Idaho puts an unusual disclosure inside the notice, warning the tenant about the post-judgment removal window. Only a court order removes a tenant. |
| Statute | Idaho Code §6-303; §55-208 | The controlling statute for these notice periods. Read the full text through the source link below. |
What you can do right now
Concrete, neutral steps if you have received an eviction notice in Idaho. This is legal information, not legal advice.
- Read the notice, including the 72-hour warning
An Idaho 3-day rent notice must state the amount due and warn a residential tenant that a judgment gives only 72 hours to move belongings. Confirm the amount is right and note the date, because the three days run from service.
- Pay or cure within three days
For unpaid rent, paying within the three days keeps the tenancy. For a curable lease-condition breach you have the same three days to perform. Get written confirmation that the tenancy continues, and keep proof.
- Respond to the unlawful detainer case
If you do not comply, the landlord files an unlawful detainer action and you are served with a hearing date, which can come quickly. Appear with your lease, receipts, and any messages. A tenant who does not show up can lose by default.
- Get local legal help
A local Idaho legal aid office can explain the notice, the fast timeline, and the 72-hour removal rule. Search for legal aid in your area and act before the hearing date.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What Idaho renters get wrong
Idaho packs a warning about the end of the case into the notice at the start of it. The three-day rent notice must state the amount owed and, unusually, must tell a residential tenant that if judgment goes against them they will have only 72 hours to get their belongings out, while a commercial tenant or one on five acres or more gets seven days (Idaho Code 6-303(2)). Almost no other state makes the opening notice preview the removal deadline. Paying within the three days keeps the tenancy. A curable lease-condition breach carries the same three days to perform, but two grounds cut the tenant off with no chance to cure: subletting against the lease or committing waste, and a controlled-substance offense on the premises. Ending a periodic tenancy or a tenancy at will without cause is separate and takes not less than one month under Idaho Code 55-208. After the notice runs, the landlord files an unlawful detainer action, and only a court can order a tenant out.
Common questions
What must an Idaho three-day notice actually say?
For unpaid rent, the notice must state the amount due and warn a residential tenant that if the landlord wins in court, the tenant will have only 72 hours to remove belongings (Idaho Code 6-303(2)). A notice that leaves the required content out can be challenged.
How long do I have to move my things after losing in court in Idaho?
Seventy-two hours for a residential tenant, and the notice itself has to tell you that in advance. A commercial tenant, or a tenant on five acres or more, gets seven days, or longer if the court grants it.
Do I get three days to fix a lease violation too in Idaho?
For a curable breach of a lease condition or covenant, yes. Idaho Code 6-303(3) lets the tenant perform the condition within the same three days and keep the tenancy. Some grounds, such as subletting against the lease or a controlled-substance offense, give no chance to cure.
How much notice ends a month-to-month tenancy in Idaho?
Not less than one month written notice under Idaho Code 55-208. That no-cause period is separate from the three-day rent and lease-breach notices, which are about a tenant who has broken the agreement rather than one simply being asked to leave.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.