Idaho eviction notice and late fee rules

Notice for unpaid rent

3 days — A tenant who remains after default in rent is guilty of unlawful detainer once a written three (3) day notice requiring payment of the amount due or possession of the property has been served.

Ending a month-to-month tenancy

A tenancy at will may be ended by the landlord's written notice to remove within not less than one (1) month, or by the tenant's written notice of a vacate date not less than one (1) month from the notice.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

Notice for unpaid rent

A tenant who remains after default in rent is guilty of unlawful detainer once a written three (3) day notice requiring payment of the amount due or possession of the property has been served.

“after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three (3) days’ notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him,”
Idaho Code § 6-303(2)

The notice must also tell the tenant that if a court enters judgment against them, a residential tenant will have seventy-two (72) hours.

“Such notice shall also notify the tenant that if a court enters judgment against him, then he will have seventy-two (72) hours, if he is a residential tenant,”
Idaho Code § 6-303(2)

The notice may be served at any time within one (1) year after the rent becomes due.

“Such notice may be served at any time within one (1) year after the rent becomes due.”
Idaho Code § 6-303(2)

Paying to stop an eviction

Within three (3) days after service of the notice, the tenant (or others interested in the lease) may perform the conditions or covenants, or pay the stipulated rent, and thereby save the lease from forfeiture.

“Within three (3) days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease, or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture:”
Idaho Code § 6-303(3)

Notice for other lease violations

For failure to perform other lease conditions or covenants, the landlord must serve a written three (3) day notice requiring performance or possession.

“and three (3) days’ notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him,”
Idaho Code § 6-303(3)

Ending a month-to-month or other periodic tenancy

A tenancy at will may be ended by the landlord's written notice to remove within not less than one (1) month, or by the tenant's written notice of a vacate date not less than one (1) month from the notice.

“(1) By the landlord’s giving notice in writing to the tenant, in the manner prescribed by the code of civil procedure, to remove from the premises within a period of not less than one (1) month, to be specified in the notice; or (2) By the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice.”
Idaho Code § 55-208(1)-(2)

What the notice must say and how it is delivered

The notices may be served by delivering a copy to the tenant personally, among other methods listed in the statute.

“The notices required by the preceding section may be served either: 1. By delivering a copy to the tenant personally; or,”
Idaho Code § 6-304

Court deadlines and the eviction case

In a possession action for nonpayment, the court schedules trial within twelve (12) days of filing, and the summons, complaint and trial notice must be served not less than five (5) days before trial.

“at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and notice of trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court.”
Idaho Code § 6-310(2)

After judgment for the landlord, a residential tenant has seventy-two (72) hours to remove belongings from the premises.

“a residential tenant shall have seventy-two (72) hours to remove his belongings from the premises,”
Idaho Code § 6-316(2)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Idaho rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Idaho have to give for unpaid rent?

A tenant who remains after default in rent is guilty of unlawful detainer once a written three (3) day notice requiring payment of the amount due or possession of the property has been served. (Idaho Code § 6-303(2)).

How much notice is needed to end a month-to-month tenancy in Idaho?

A tenancy at will may be ended by the landlord's written notice to remove within not less than one (1) month, or by the tenant's written notice of a vacate date not less than one (1) month from the notice. (Idaho Code § 55-208(1)-(2)).