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UPDATED: Feb 13, 2020
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Evictions in Idaho are available for any landlord who wants to evict a tenant for good reason. The landlord must go through the proper Idaho eviction process in order to successfully remove a tenant from the landlord’s property. If the landlord does not comply with Idaho eviction law, the tenant may be able to sue the landlord for damages.
Available Idaho Termination Notices
The most common reasons for eviction are breach of the lease and failure to pay rent. Landlords must give 3-day or 30-day notice that the lease is terminating, depending on the circumstances. When the lease is periodic, meaning month-to-month or week-to-week, the landlord must give 30 days notice.
In the case of a fixed-term lease, meaning one year or two year, the landlord must give a 3-day notice for a breach of the lease or failure to pay rent. If the tenant pays the rent or cures the breach within these 3 days, the landlord cannot file eviction suit.
Idaho evictions are handled by the District Courts. Find your local District Court at the Idaho state judiciary website. Landlord and tenant forms are also available from the state. While filling out a form may seem like a simple and non-confrontational way of evicting a problematic tenant, events do not always turn out as planned. Whether you’re an Idaho tenant or landlord, it’s normal to be unsure sometimes about the next step in the termination or eviction process. You might find it in your best interest to consult an Idaho landlord tenant attorney. When doing so, be sure to refer to Questions to Ask Your Idaho Evictions Lawyerbelow.
Self-Help Evictions in Idaho
Self-help evictions are illegal in Idaho. A landlord may not lock a tenant out or shut off the utilities to force the tenant out. If the landlord uses self-help to evict a tenant, the tenant may be entitled under Idaho Code 6-320 to 3 times the monthly rent.
Questions to Ask Your Idaho Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?