How to evict a tenant in Idaho: steps and timeline
Idaho is a fast state. For unpaid rent you serve a written three-day notice that states the amount due, then file an unlawful detainer, and the court sets trial within 12 days of the filing date. After judgment a residential tenant has 72 hours to remove belongings before the landlord may remove them. The notice has to carry a few specific warnings or later steps can fail.
What notice does Idaho require?
Idaho Code 6-303(2) makes a tenant guilty of unlawful detainer who stays in possession after default in rent and three days' written notice requiring payment, stating the amount due, or possession of the property. The notice must also tell the tenant that if a court enters judgment, a residential tenant has 72 hours to remove belongings before the landlord may remove and dispose of them under Section 6-316. It may be served at any time within one year after the rent becomes due.
For another breach of the lease, subsection (3) uses a three-day written notice requiring performance of the condition or possession of the property. Section 6-324 says the prevailing party gets attorney fees, but for the three-day notice cases the notice must say that attorney fees will be awarded to the prevailing party. Include that line if you want the right to ask for them.
How do you serve the notice?
Section 6-304 allows personal delivery to the tenant. If the tenant is away from home and work, you may leave a copy with a person of suitable age and discretion at either place and mail a copy to the tenant's home. If the home and work cannot be found, or no suitable person is there, you may affix a copy in a conspicuous place on the property, deliver a copy to a person living there if one can be found, and mail a copy to the property.
What is the court timeline?
For a possession-only case on a tract of five acres or less based on nonpayment of rent, the complaint states the premises, that the tenant is in possession and in default, that the required notices were served, and that you are entitled to possession. When the summons issues, the court schedules trial within 12 days of the filing date, and the summons, complaint and notice of trial setting must be served on the tenant at least five days before trial (Section 6-310). A continuance can be no longer than two days unless the tenant gives an undertaking, with good security, for rent that will accrue (Section 6-311). If the tenant does not appear and defend, the court enters default and renders judgment for you (Section 6-312).
Which mistakes cost an Idaho landlord time?
- Leaving the 72-hour warning out of the three-day notice. Section 6-303 requires it.
- Leaving the amount due off the rent notice. It must state the amount.
- Leaving out the attorney fee line. Under Section 6-324, a three-day notice must say that attorney fees will be awarded to the prevailing party, or fees are not available in those cases.
- Waiting more than a year after the rent became due before serving the notice. Section 6-303 allows service within one year.
- Serving on the lease holder only. If a subtenant is in actual occupation, the notice goes to the subtenant too.
In a rent default case on a tract larger than five acres where the lease has not expired, execution does not issue until five days after judgment, and the tenant, a subtenant or a mortgagee of the term may pay the rent found due, with interest, damages and costs, into court within that time and be restored. In all other cases the judgment may be enforced immediately (Section 6-316). Attorney fees go to the prevailing party, so a landlord who loses may owe them. If the tenant does not appear and defend at the time set, the court must enter default and render judgment as prayed in the complaint (Section 6-312), so keep the complaint accurate and tied to your notice.
What happens after judgment?
On a finding for you, the court enters judgment for restitution of the premises, declares the lease forfeited in a rent default case, and finds damages and rent due (Section 6-316). A residential tenant has 72 hours to remove belongings, and a commercial tenant or one with five acres or more has seven days. You or your agent may deliver the writ of restitution or give the sheriff a copy and ask the sheriff to deliver it.
Example a made-up landlord serves a three-day notice on Monday, November 2, 2026. If the three days are up on Thursday, November 5, the landlord files on Friday, November 6. Trial is set no later than 12 days after filing, Wednesday, November 18. If the court rules for the landlord that day, the residential tenant has 72 hours, until Saturday, November 21, to remove belongings. That is about 19 days from notice to the end of the 72 hours, with no continuance or appeal.
How DoorKeeping handles it
DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.
Sources
Questions
- How many days notice for unpaid rent in Idaho?
- Three days, in writing, stating the amount due and requiring payment or possession, with the warning about the 72 hours to remove belongings (Idaho Code 6-303).
- How fast is an Idaho eviction trial?
- For a nonpayment possession case on five acres or less, the court sets trial within 12 days of the complaint being filed (6-310).
- How long does an Idaho tenant have to remove belongings after judgment?
- A residential tenant has 72 hours. A commercial tenant or a tenant on five acres or more has seven days (6-316).