Eviction notices in Idaho

Before filing for unpaid rent the landlord must serve a written 3-day notice requiring payment of the stated amount due or possession. It must also tell the tenant that, if the court rules against them, a residential tenant will have 72 hours to remove belongings. It may be served any time within 1 year after the rent was due (Idaho Code § 6-303(2)). To get attorney fees the notice must say the prevailing party will be awarded attorney fees (§ 6-324). According to the Attorney General, a lease may set a different reasonable notice period but cannot waive notice.

Can the tenant pay to stop it? The tenant can stop the eviction by paying the rent stated in the notice within 3 days after service.

Type:

Pay or move out

Notice period:

3 days

Law:

Idaho Code § 6-303(2); § 6-324

For breaking a lease term other than rent, the landlord must serve a written 3-day notice requiring performance or possession; doing what the lease requires within 3 days saves the lease. If the broken term can't be performed afterward, no notice is required (Idaho Code § 6-303(3)).

Chance to fix it: The tenant has 3 days after service to perform the broken lease term.

Type:

Fix it or move out

Notice period:

3 days

Law:

Idaho Code § 6-303(3)

Assigning, subletting or committing waste against the lease ends it, and the landlord may recover possession after a 3-day notice to quit (Idaho Code § 6-303(4)). Drug activity on the premises is itself an unlawful detainer (§ 6-303(5)); the statute sets no notice period for it, and the Attorney General says the tenant has no right to cure.

When it applies: Assigning or subletting against the lease, or committing waste; unlawful delivery, production or use of a controlled substance on the premises.

Notice period:

3 days

Law:

Idaho Code § 6-303(4), (5)

Exclude the first day and include the last, unless the last day is a holiday, in which case it is also excluded (Idaho Code § 73-109). Every Sunday is a holiday, along with listed legal holidays (§ 73-108); Saturdays are counted.

Personal delivery; or, if the tenant is away from home and work, leaving a copy with a person of suitable age and discretion there AND mailing a copy to the residence; or, if neither can be done, posting a copy in a conspicuous place on the property, giving a copy to a person living there if one can be found, AND mailing a copy to the property address (Idaho Code § 6-304).

The landlord files an unlawful detainer action. In nonpayment and drug cases the court sets trial within 12 days of filing, and the summons must be served at least 5 days before trial (Idaho Code § 6-310(2)). In lease-violation cases the regular civil process applies, and the Attorney General says the tenant has 21 days to answer. After judgment for the landlord a residential tenant has 72 hours to remove belongings, and the sheriff then restores possession under a writ of restitution (§ 6-316(2)). The Attorney General says self-help (lockouts, utility shutoffs, taking belongings) is unlawful. Damages for unlawful detention may be tripled (§ 6-317).

• Records of dismissed unlawful detainer cases filed on or after January 1, 2025 are automatically shielded from public view once 3 years have passed (Idaho Code § 6-303A).

• Idaho notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
• Idaho security deposit law: deadlines after move-out
• Federal 30-day notice for covered properties (CARES Act)

• Idaho Code § 6-303 Retrieved October 13, 2026.
• Idaho Code § 6-304 Retrieved October 13, 2026.
• Idaho Code § 6-310 Retrieved October 13, 2026.
• Idaho Code § 6-316 Retrieved October 13, 2026.
• Idaho Code § 6-317 Retrieved October 13, 2026.
• Idaho Code § 6-324 Retrieved October 13, 2026.
• Idaho Code § 6-303A Retrieved October 13, 2026.
• Idaho Code § 73-109 Retrieved October 13, 2026.
• Idaho Code § 73-108 Retrieved October 13, 2026.
• Idaho Attorney General, Landlord and Tenant Manual (July 2026) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.