Idaho Eviction Notice
Idaho eviction notice: the 3-day pay-or-quit and cure-or-quit rules under Idaho Code Section 6-303. Free template, statute cites. Attorney review available.
Introduction
An eviction notice is a written notice a landlord serves on a tenant to begin ending a tenancy for cause, before filing an unlawful detainer lawsuit in court. This page is that notice document itself, the compact form to fill out and serve, not a broader guide to how Idaho eviction law works. In Idaho, the notice you serve depends on why you're evicting: nonpayment of rent gets a 3-day pay-or-quit notice, a fixable lease violation gets a 3-day cure-or-quit notice, and assigning or subletting against the lease or committing waste gets a 3-day unconditional quit notice with no chance to fix the problem. Idaho computes that 3-day count differently than many states: under Idaho's general time-computation statute, Idaho Code Section 73-109, the count excludes only the first day, and excludes the last day only if that day happens to be a holiday, so weekends don't automatically stretch the deadline the way they do under a weekend-exclusion rule. Idaho's forcible entry and unlawful detainer law, Idaho Code Title 6, Chapter 3 (Sections 6-301 through 6-324), governs the pre-filing notice process. There's no state-mandated form for the notice itself, though the Idaho Court Assistance Office publishes an optional self-help template. The law does require specific content: a pay-or-quit notice must state the exact amount owed, and it must tell the tenant that after a court judgment, a residential tenant gets 72 hours (a commercial tenant, or a tenant on a tract of 5 acres or more, gets 7 days) to remove belongings before the landlord may dispose of what's left behind. Serve the wrong notice, the wrong day count, or skip required content, and the eviction case can be dismissed before it starts.
Key Things to Know
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An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing an unlawful detainer lawsuit in court.
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Idaho's 3-day notice periods are computed under Idaho's general time-computation rule (Idaho Code Section 73-109), which excludes only the first day of the count, and excludes the last day only if it's a holiday; unlike some states, weekends are not automatically skipped. This governs the 3-day pay-or-quit notice for nonpayment of rent, which must state the exact amount due. (Idaho Code Section 6-303(2))
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A curable lease violation, like an unauthorized pet or occupant, gets a 3-day cure-or-quit notice. The tenant can fix the violation within those 3 days and keep the lease. (Idaho Code Section 6-303(3))
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Assigning or subletting against the lease, or committing waste on the premises, gets a 3-day unconditional quit notice with no chance to fix the problem; the lease is treated as terminated once the notice is served. (Idaho Code Section 6-303(4))
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The governing law is Idaho's forcible entry and unlawful detainer statute, Idaho Code Title 6, Chapter 3, Sections 6-301 through 6-324, which sets the notice rules and the court process that follows if the tenant doesn't comply.
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Notices must be served personally first. If the tenant can't be found at home or work, the landlord may use substituted service (leaving the notice with a responsible adult, plus mailing a copy). Posting the notice on the door and mailing a copy is a last resort, allowed only if neither personal nor substituted service works. (Idaho Code Section 6-304)
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There's no state-mandated form for the notice itself, though the Idaho Court Assistance Office publishes an optional self-help template (form CAO UD 1). The law requires specific content: the amount due for a pay-or-quit notice, and language telling the tenant that after judgment, a residential tenant has 72 hours (a commercial tenant, or one on 5+ acres, has 7 days) to remove belongings.
Key decisions before you file
Before you file a Eviction Notice in Idaho, a few decisions shape the document: which option to choose and what each one means. The Eviction Notice guide walks through them.
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Idaho Requirements for Eviction Notice
3-day pay-or-quit notice, computed under Idaho Code Section 73-109 (excludes the first day of the count; excludes the last day only if it is a holiday). The notice must state the amount due, and must tell a residential tenant that after judgment he will have 72 hours, and a commercial tenant or a tenant with a tract of land 5 acres or more will have 7 days (or longer if the court grants more), to remove belongings from the premises.
Personal delivery to the tenant is required first. If the tenant is absent from both his place of residence and his usual place of business, substituted service is allowed: leaving a copy with a person of suitable age and discretion at either place, plus mailing a copy to the tenant's residence. Posting-and-mail is a last resort, allowed only if the tenant's residence and business cannot be ascertained or no suitable person can be found there.
The statutory basis for every notice type on this page and the court process that follows if the tenant does not comply: Idaho Code Title 6, Chapter 3, "Forcible Entry and Unlawful Detainer," Sections 6-301 through 6-324.
3-day notice to quit with no cure option, for assigning or subletting contrary to the covenants of the lease, or committing waste upon the premises. The lease is deemed terminated upon service; no opportunity to cure is provided by the statute for this ground. A separate ground, unlawful delivery, production, or use of a controlled substance on the premises, is also unlawful detainer under Idaho Code Section 6-303(5).
Idaho Code Section 6-303 does not itself mandate a government fill-in-the-blank form for the pre-filing notice to quit. The Idaho Court Assistance Office publishes an optional self-help template, form CAO UD 1, "Three-Day Notice to Pay Rent or Vacate." Specific content is legally required by statute: the pay-or-quit notice must state the amount due, and must tell the tenant of the 72-hour (residential) or 7-day (commercial or 5+ acre tract) post-judgment removal-of-belongings period.
3-day cure-or-quit notice for conditions or covenants of the lease other than rent, including a covenant not to assign or sublet. The tenant, a subtenant in actual occupation, a mortgagee of the term, or another person interested in the lease's continuance may cure within the notice period and save the lease from forfeiture. If the violated condition cannot afterward be performed, no cure-offering notice is required at all.
Distinct from the 3-day for-cause notices above: ending a tenancy at will or month-to-month tenancy without cause requires at least one month's written notice, given by either the landlord or the tenant. Idaho has no statewide just-cause requirement for this kind of termination.
Frequently Asked Questions
Idaho requires 3 days' notice for nonpayment of rent, a curable lease violation, or an incurable violation like unauthorized assignment, subletting, or waste. All three notice types use the same 3-day period; what differs is whether the tenant gets a chance to fix the problem. That 3-day count is computed under Idaho Code Section 73-109: the day of service is excluded, and the last day is excluded only if it falls on a holiday, so weekends are not automatically skipped the way they are in some other states.
No. Idaho law requires a written notice before filing an unlawful detainer lawsuit for the causes listed in Idaho Code Section 6-303, including nonpayment of rent and lease violations. Skipping the notice, or serving it incorrectly, can get the eviction case dismissed.
The required content depends on the notice type. A pay-or-quit notice must state, in writing, the exact amount of rent due. (Idaho Code Section 6-303(2)) A cure-or-quit notice must describe the lease condition or covenant the tenant failed to perform. (Idaho Code Section 6-303(3)) Every pay-or-quit notice must also tell the tenant that after a court judgment, a residential tenant will have 72 hours, and a commercial tenant or a tenant on a tract of 5 acres or more will have 7 days, to remove belongings from the premises before the landlord may dispose of what's left behind. (Idaho Code Section 6-303(2))
No. Idaho Code Section 6-303 doesn't mandate a government fill-in-the-blank form, so a landlord can write the notice as long as it includes the required statutory content. The Idaho Court Assistance Office publishes an optional self-help template, form CAO UD 1, "Three-Day Notice to Pay Rent or Vacate," for landlords who want a starting point.
Common lease violations, like an unauthorized pet or occupant or other breach of a lease condition or covenant, are curable: they get a 3-day cure-or-quit notice giving the tenant a chance to fix the problem and keep the lease. Assigning or subletting against the lease and committing waste on the premises are treated as incurable under Idaho law: they get an unconditional 3-day quit notice with no chance to fix it, and the lease is treated as terminated once the notice is served. (Idaho Code Section 6-303(3), (4))
Idaho's 3-day notice periods are computed under Idaho Code Section 73-109, the state's general time-computation statute: the day of service is excluded from the count, and the last day is excluded only if it happens to be a holiday, in which case the deadline moves to the next non-holiday day. Unlike states that exclude every Saturday and Sunday from the count, Idaho doesn't automatically skip weekends.
If the tenant hasn't paid, cured, or vacated by the deadline stated on the notice, the notice has done its job: Idaho Code Section 6-303 requires that notice before the landlord can file an unlawful detainer lawsuit, so the landlord's next step is to file in the appropriate Idaho court. Keep a completed proof of service, including who served the notice, the date, and the method used, since the notice and how it was served can be reviewed as part of that filing.
The notice should show the date it's signed and, separately, the date it's actually served on the tenant, since Idaho's 3-day count runs from the date of service, not the date the landlord wrote the notice. (Idaho Code Section 73-109) The landlord or property manager signs the notice, and whoever serves it should record their name, the date served, and the method used, personal delivery, substituted service, or posting and mailing, since Idaho Code Section 6-304 requires service by one of those specific methods.