Idaho Notice to Vacate: 2026 Landlord Rules & 3-Day Statute
Reviewed by DocDraft Legal Team · Idaho · Last updated 2026-05-31
Idaho Code 6-303 sets the landlord pre-eviction notice framework, requiring a three-day written notice to pay rent or surrender possession before a nonpayment unlawful detainer action. Idaho Code 6-303(3) calls for a separate three-day notice to perform a breached lease condition or surrender possession, and Idaho Code 55-208(1) requires written notice of not less than one month to end a tenancy at will or month-to-month tenancy. Idaho Code 6-303(5) treats unlawful delivery, production, or use of a controlled substance on the premises as a ground for unlawful detainer, which the Idaho State Bar describes as an expedited eviction process. Idaho has no statewide just-cause requirement. After the notice period, the landlord files an unlawful detainer action in the magistrate division of the district court under Idaho Code 6-310.
How do I serve a notice to vacate in Idaho?
Idaho Code 6-304 sets the service methods for the pre-suit notice. The statute permits service by delivering a copy to the tenant personally; or, if the tenant is absent from the residence and usual place of business, by leaving a copy with a person of suitable age and discretion at either place and sending a copy through the mail to the tenant at the residence; or, if neither the residence nor the business can be ascertained and no suitable person can be found, by affixing a copy in a conspicuous place on the property, delivering a copy to a person residing there if one can be found, and mailing a copy to the tenant at the property. The Idaho State Bar landlord guide notes the notice can be delivered by any adult, including the landlord.
How many days notice does Idaho require for nonpayment of rent?
Idaho Code 6-303(2) provides that a tenant who remains in possession after default in the payment of rent commits unlawful detainer once a three-day written notice requiring payment of the amount due, or possession of the property, has been served. The notice must state the amount which is due. It must also tell the tenant that if a court enters judgment against him, a residential tenant has seventy-two hours, and a commercial tenant or a tenant with a tract of land of five acres or more has seven days (or longer if the court grants it), to remove belongings from the premises.
How much notice does Idaho require to end a month-to-month tenancy with no cause?
Idaho Code 55-208(1) provides that a tenancy at will may be terminated by the landlord giving written notice 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 month, to be specified in the notice. Idaho has no statewide just-cause requirement, so a no-cause termination of a periodic tenancy defaults to this one-month notice. The statute expresses the period as one month rather than a fixed 30-day count.
What happens after the notice period if the tenant does not vacate?
If the tenant does not pay, perform, or vacate within the notice period, the landlord files an unlawful detainer (eviction) action in the magistrate division of the district court for the county where the rental property is located, under Idaho Code 6-310. The Idaho State Bar landlord guide and Idaho Code 6-310 indicate the court schedules a trial within twelve days of the filing of the complaint, and the summons, complaint, and notice of trial setting must be served on the defendant not less than five days before trial. A faster window applies to certain forcible-detainer actions. If the landlord prevails, the court can issue a judgment for possession and a writ of restitution. Confirm the current court filing fee with the official Idaho Supreme Court fee schedule before filing.
Idaho notice-to-vacate framework at a glance
Idaho Code Title 6, Chapter 3 governs forcible entry and unlawful detainer, and Idaho Code 6-303 sets the landlord pre-eviction notices: a three-day written notice to pay rent or surrender possession for nonpayment under 6-303(2), and a three-day notice to perform a breached lease condition or surrender possession under 6-303(3). Idaho Code 6-304 prescribes the service methods, and Idaho Code 55-208(1) requires written notice of not less than one month to terminate a tenancy at will or month-to-month tenancy with no cause. Idaho Code 6-303(5) treats unlawful delivery, production, or use of a controlled substance on the leased premises as a ground for unlawful detainer, which the Idaho State Bar describes as an expedited eviction process. Idaho has no statewide just-cause requirement and no statewide rent control. After the notice period, eviction runs through the magistrate division of the district court for the county where the property sits under Idaho Code 6-310, which provides for a trial scheduled within twelve days of filing. The Idaho Court Assistance Office publishes free unlawful detainer (eviction) forms and instructions on the Idaho Courts self-help portal at courtselfhelp.idaho.gov; Idaho mandates no specific pre-suit notice-to-vacate form.
Landlord Resources
Idaho Courts Self-Help (Court Assistance Office)
Official Idaho judicial-branch self-help portal publishing free unlawful detainer (eviction) court forms and instructions in the CAO UD series. Confirm the current form numbers in a browser before filing.
Idaho State Bar
Official state bar of Idaho, which publishes a practitioner guide to the Idaho eviction process for landlords covering the 6-303 notices, service, and the 6-310 hearing window.
Idaho Legislature Statutes Portal
Official source for the verbatim text of Idaho Code, including Title 6 Chapter 3 (forcible entry and unlawful detainer) and Title 55 (estates in real property). Use it to confirm the current statutory language and subsection numbering.
Relevant Laws
Idaho Code 6-303 (Unlawful Detainer)
Sets the grounds for unlawful detainer, including the three-day nonpayment notice under subsection (2), the three-day lease-covenant notice under subsection (3), the controlled-substance ground under subsection (5), and the post-judgment belongings-removal advisory.
Idaho Code 6-304 (Service of Notice)
Prescribes how the pre-suit notice may be served: personal delivery to the tenant; substituted service on a suitable person plus a mailed copy; or, as a last resort, posting in a conspicuous place plus delivery to a resident plus a mailed copy.
Idaho Code 6-310 (Action for Possession; Hearing Window)
Governs the unlawful detainer complaint and summons filed in the magistrate division, providing for a trial scheduled within twelve days of filing and a seventy-two-hour window for certain forcible-detainer actions, with service at least five days before trial.
Idaho Code 55-208 (Termination of Estate at Will)
Provides that a tenancy at will may be terminated by the landlord giving written notice to remove from the premises within a period of not less than one month, the date to be specified in the notice.
Idaho Code 55-307 (Local Rent-Control Preemption)
Preempts local government rent-control ordinances in Idaho, a Dillon Rule state.
Idaho Courts Self-Help: Eviction (Unlawful Detainer) Forms
Idaho Court Assistance Office portal publishing free CAO UD eviction forms and instructions. Idaho mandates no specific pre-suit notice-to-vacate form; confirm current form numbers in a browser.
Federal SCRA, 50 U.S.C. 3955 (Termination of Residential Leases)
Federal protection that caps a servicemember's liability on early lease termination and provides eviction protections for active-duty servicemembers; the controlling military early-termination right where Idaho has no parallel state statute.
Regional Variances
Idaho eviction filing practice by county
Ada County (Boise)
Eviction filings route to the magistrate division of the Fourth Judicial District in Ada County, where Boise sits. Idaho Code 6-310 sets a statewide twelve-day trial window, but high filing volume in the state's largest metro can push hearing settings toward the end of that window. The same Idaho Code 6-303 three-day notices and 55-208 one-month notice apply statewide; Idaho is a Dillon Rule state with no local just-cause or rent-control overlay, so Boise follows the statewide notice rules.
Canyon County (Nampa, Caldwell)
Canyon County eviction actions are filed in the magistrate division of the Third Judicial District, covering Nampa and Caldwell. The statewide Idaho Code 6-303 notice periods and the Idaho Code 6-310 twelve-day hearing window govern; service of the summons, complaint, and notice of trial setting must reach the defendant not less than five days before trial. The county follows statewide rules on just cause and rent control.
Kootenai County (Coeur d'Alene)
Kootenai County eviction filings route to the magistrate division of the First Judicial District in northern Idaho, covering Coeur d'Alene. The same statewide notice and hearing-window statutes apply. Landlords should confirm the current magistrate division civil filing fee with the court or the official Idaho Supreme Court fee schedule before filing.
Suggested Compliance Checklist
Identify the statutory ground and matching notice
Pre-notice days after startingMap the situation to the correct Idaho statute. Nonpayment of rent: Idaho Code 6-303(2) three-day notice. Lease-covenant breach other than rent: Idaho Code 6-303(3) three-day perform-or-quit notice. No-cause termination of a tenancy at will or month-to-month: Idaho Code 55-208(1) notice of not less than one month. Controlled-substance activity: Idaho Code 6-303(5);
Use Exact Statutory Language in the Notice
Pre-notice days after startingThe statutory language used to draft the notice should be confirmed against the live legislature.idaho.gov sections for 6-303, 6-304, 6-310, and 55-208, including the current subsection lettering and the exact wording of the 6-303(3) lease-violation clause and any attorney-fee advisory required for fee recovery.
Draft the written notice that meets the Idaho Code 6-303 or 55-208 requirements
Pre-notice days after startingThe notice must be in writing; oral notice does not satisfy the statute. A nonpayment notice under 6-303(2) must state the amount which is due and the three-day period, and must advise the tenant of the post-judgment belongings-removal timeline (seventy-two hours for a residential tenant). A 6-303(3) notice must require performance of the breached condition or possession within three days. A 55-208(1) notice must give not less than one month. Idaho mandates no specific statewide form.
Serve the notice per Idaho Code 6-304
Service days after startingServe by one of the 6-304 methods: personal delivery to the tenant; or, if the tenant is absent from the residence and usual place of business, leaving a copy with a suitable person at either place plus a mailed copy; or, as a last resort, posting in a conspicuous place plus delivery to a resident plus a mailed copy. The Idaho State Bar guide notes any adult, including the landlord, may deliver the notice. Posting is a last-resort method, not a free-standing first choice.
Wait the full notice period before filing
Notice period days after startingDo not file the unlawful detainer action before the notice period expires: three days for a 6-303(2) nonpayment notice or a 6-303(3) lease-violation notice, or not less than one month for a 55-208(1) no-cause termination. Filing prematurely can be grounds for dismissal and force re-service.
File the unlawful detainer action in the magistrate division
Post-notice days after startingFile the unlawful detainer (eviction) complaint and summons in the magistrate division of the district court for the county where the rental property is located, under Idaho Code 6-310. Confirm the current magistrate division civil filing fee with the court or the official Idaho Supreme Court civil filing fee schedule before filing.
Appear at the expedited hearing
Hearing days after startingIdaho Code 6-310 provides for a trial scheduled within twelve days of the filing of the complaint, with the summons, complaint, and notice of trial setting served on the defendant not less than five days before trial; a seventy-two-hour window applies to certain forcible-detainer actions. Bring the lease, the notice with proof of service, and a rent ledger if nonpayment is the ground.
Obtain the writ of restitution after judgment
Post-judgment days after startingIf the landlord prevails, the court can enter a judgment for possession and issue a writ of restitution directing the sheriff to restore possession. For a nonpayment judgment, the 6-303(2) notice advised the tenant of the post-judgment belongings-removal timeline (seventy-two hours for a residential tenant; seven days or longer for a commercial tenant or a tenant with five acres or more). Confirm the current writ and removal procedures with the court.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the statutory ground and matching notice | Map the situation to the correct Idaho statute. Nonpayment of rent: Idaho Code 6-303(2) three-day notice. Lease-covenant breach other than rent: Idaho Code 6-303(3) three-day perform-or-quit notice. No-cause termination of a tenancy at will or month-to-month: Idaho Code 55-208(1) notice of not less than one month. Controlled-substance activity: Idaho Code 6-303(5); | - | Pre-notice |
| Use Exact Statutory Language in the Notice | The statutory language used to draft the notice should be confirmed against the live legislature.idaho.gov sections for 6-303, 6-304, 6-310, and 55-208, including the current subsection lettering and the exact wording of the 6-303(3) lease-violation clause and any attorney-fee advisory required for fee recovery. | - | Pre-notice |
| Draft the written notice that meets the Idaho Code 6-303 or 55-208 requirements | The notice must be in writing; oral notice does not satisfy the statute. A nonpayment notice under 6-303(2) must state the amount which is due and the three-day period, and must advise the tenant of the post-judgment belongings-removal timeline (seventy-two hours for a residential tenant). A 6-303(3) notice must require performance of the breached condition or possession within three days. A 55-208(1) notice must give not less than one month. Idaho mandates no specific statewide form. | notice-to-vacate | Pre-notice |
| Serve the notice per Idaho Code 6-304 | Serve by one of the 6-304 methods: personal delivery to the tenant; or, if the tenant is absent from the residence and usual place of business, leaving a copy with a suitable person at either place plus a mailed copy; or, as a last resort, posting in a conspicuous place plus delivery to a resident plus a mailed copy. The Idaho State Bar guide notes any adult, including the landlord, may deliver the notice. Posting is a last-resort method, not a free-standing first choice. | - | Service |
| Wait the full notice period before filing | Do not file the unlawful detainer action before the notice period expires: three days for a 6-303(2) nonpayment notice or a 6-303(3) lease-violation notice, or not less than one month for a 55-208(1) no-cause termination. Filing prematurely can be grounds for dismissal and force re-service. | - | Notice period |
| File the unlawful detainer action in the magistrate division | File the unlawful detainer (eviction) complaint and summons in the magistrate division of the district court for the county where the rental property is located, under Idaho Code 6-310. Confirm the current magistrate division civil filing fee with the court or the official Idaho Supreme Court civil filing fee schedule before filing. | - | Post-notice |
| Appear at the expedited hearing | Idaho Code 6-310 provides for a trial scheduled within twelve days of the filing of the complaint, with the summons, complaint, and notice of trial setting served on the defendant not less than five days before trial; a seventy-two-hour window applies to certain forcible-detainer actions. Bring the lease, the notice with proof of service, and a rent ledger if nonpayment is the ground. | - | Hearing |
| Obtain the writ of restitution after judgment | If the landlord prevails, the court can enter a judgment for possession and issue a writ of restitution directing the sheriff to restore possession. For a nonpayment judgment, the 6-303(2) notice advised the tenant of the post-judgment belongings-removal timeline (seventy-two hours for a residential tenant; seven days or longer for a commercial tenant or a tenant with five acres or more). Confirm the current writ and removal procedures with the court. | - | Post-judgment |
Frequently Asked Questions
Yes. The written demand under Idaho Code 6-303(2) requires payment of the amount which is due, or possession of the property, so it is an alternative pay-or-quit demand rather than a pure move-out order. A tenant who pays the full amount stated as due within the stated window satisfies the demand and does not continue in possession after default, so no unlawful detainer arises on that ground. If the tenant neither pays nor leaves within the window, the landlord may proceed to file.
Idaho Code 6-303(3) addresses a tenant who continues in possession after failing to perform conditions or covenants of the lease other than the payment of rent. It calls for a three-day written notice requiring performance of those conditions or covenants, or possession of the property; if a subtenant is in actual occupation, the notice must also be served on the subtenant.
Idaho Code 6-303(5) treats unlawful delivery, production, or use of a controlled substance on the leased premises during the tenancy as a ground for unlawful detainer, with the terms delivery, production, and controlled substance defined by reference to section 37-2701, Idaho Code. The Idaho State Bar describes this as an expedited eviction process available to landlords. The precise notice mechanics for this ground, including whether a cure period applies or whether the landlord proceeds directly to the expedited action, should be confirmed against the current statute.
Idaho has no state-specific residential-lease military early-termination statute parallel to the federal protection. The controlling early-termination right for servicemembers appears to be the federal Servicemembers Civil Relief Act, 50 U.S.C. 3955, which caps a servicemember's liability on early lease termination and imposes eviction protections for active-duty servicemembers. A landlord who receives an SCRA termination notice or who learns a tenant is an active-duty servicemember should confirm the current federal SCRA requirements before proceeding with notice or eviction.
Idaho Code 6-303 and 6-304 set content and service requirements for the pre-suit notice, including that the notice be in writing, that a nonpayment notice state the amount due, and that service follow one of the methods in 6-304. A notice that does not meet these statutory requirements, or that is served improperly, can be challenged by the tenant and can require the landlord to re-serve and start over, delaying the eviction. The Idaho State Bar guide notes that for attorney fees to be awarded in a case requiring the three-day notice, the notice must advise the tenant that attorney fees will be awarded to the prevailing party;
No. Idaho does not impose a statewide just-cause eviction requirement. A landlord may decline to renew an expired lease or end a tenancy at will by giving the Idaho Code 55-208(1) written notice of not less than one month, subject to federal fair-housing law. This is the absence of a just-cause statute rather than a positive provision. Idaho is also a Dillon Rule state, and no Idaho municipality operates a just-cause-only or rent-control ordinance that overrides the state notice defaults.
Idaho Code 6-310, corroborated by the Idaho State Bar guide, provides that the court schedules a trial within twelve days from the filing of the unlawful detainer complaint, and the summons, complaint, and notice of trial setting must be served on the defendant not less than five days before the day of trial. A faster window, a trial within seventy-two hours excluding weekends and holidays with service not less than twenty-four hours before trial, applies to certain forcible-detainer actions.
Other Idaho guides
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