Idaho Eviction Notice Overview
Idaho uses a 3-day notice for non-payment of rent under Idaho Code Section 6-303. There is no 5-day notice provision. Idaho has one of the fastest eviction processes nationally. Eviction cases are filed in Magistrate Court as unlawful detainer actions.
Understanding the correct notice period is critical for Idaho landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Idaho statutory requirements before serving any eviction notice.
3-day
Actual notice period
$69 - $96
Court filing fee
Magistrate
Court type
3-5 Wks
Total process
Why Idaho Uses 3-day, Not 5 Days
Important: Idaho Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in Idaho. Under Idaho Code 6-303, the required notice for non-payment of rent is 3-day. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 3-day notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. Idaho is not among them. The 3-day notice requirement in Idaho applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Idaho law.
If you are a landlord in Idaho, ensure your eviction notice complies with Idaho Code 6-303 and includes all elements required by Magistrate Court. Using our Idaho-specific template ensures you have the correct notice period and statutory language.
Idaho Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Idaho Magistrate Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Idaho county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 3-day period to pay or vacate as required by Idaho Code 6-303
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Magistrate Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 3-day clock
How to Serve an Eviction Notice in Idaho
Proper service of the eviction notice is essential under Idaho law. Magistrate Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Idaho courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Idaho courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 3-day period expires without payment or vacancy, file the eviction complaint at the Magistrate Court in the jurisdiction where the property is located.
Idaho Eviction Timeline
The eviction process in Idaho follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 3-5 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 3-day notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Idaho and can expose the landlord to substantial liability.
Idaho Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Idaho. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate Court Filing Fee | $69 - $96 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Idaho Eviction Notice
Below is a preview of the Idaho-specific eviction notice using the correct 3-day notice period required by Idaho Code 6-303.
NOTICE TO PAY RENT OR QUIT
STATE OF IDAHO
Pursuant to Idaho Code 6-303
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Idaho Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to Idaho Code 6-303, you have 3-DAY from the date of service to pay the total amount due or surrender possession.
IDAHO COMPLIANCE
This notice uses the correct 3-day period required by Idaho law under Idaho Code 6-303. A 5-day notice is not valid in Idaho.