Idaho (ID) eviction guide
Quick answer
Idaho landlords must serve a written 3-day notice before filing an eviction lawsuit (unlawful detainer) in magistrate court. The full process typically takes 2 to 6 weeks from notice to removal. Filing fees run $166 in magistrate court. Self-help eviction is illegal; a court order is required.
| Legal grounds | Nonpayment of rent, lease violation, holdover after lease expiration, waste or unauthorized subletting, controlled substance activity on premises |
|---|---|
| Minimum notice | 3 days (nonpayment, lease violation, drugs); 30 days (month-to-month termination without cause) |
| Where to file | Magistrate Division of the District Court in the county where the rental property is located |
| Filing fee | $166 in Magistrate Court (standard civil case filing fee per Idaho court schedule) |
| Typical timeframe | 2 to 6 weeks from notice service to writ of possession; may extend to 2 to 3 months if tenant contests |
Required for nonpayment of rent; states the exact amount owed and warns that a judgment allows the tenant 72 hours to remove belongings.
Used for lease violations (other than nonpayment); tenant has 3 days to cure the breach or vacate.
Used for controlled substance delivery, production, or use on premises under Idaho Code 37-2701; no opportunity to cure.
Required to end a month-to-month tenancy without cause; no court filing needed unless the tenant refuses to leave after the 30 days expire.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Establish a Valid Ground for Eviction | Before serving notice | Confirm you have a legally recognized ground under Idaho Code 6-303: nonpayment of rent, lease violation, holdover tenancy, waste, unauthorized subletting, or drug activity. Document the violation in writing with dates and amounts. |
| 2. Serve the Written Notice | Day 1 | Deliver the correct written notice personally to the tenant. If personal delivery is not possible, post the notice on the property and mail a copy. The 3-day clock starts the next business day and excludes weekends and holidays. |
| 3. File an Unlawful Detainer Complaint | Day 4 or later (if tenant has not complied) | File a Complaint for Unlawful Detainer with the Magistrate Division of the county District Court. Pay the $166 filing fee. Use forms available at courtselfhelp.idaho.gov. |
| 4. Serve the Summons and Complaint on the Tenant | Within a few days of filing | A sheriff, process server, or any non-party adult over 18 must deliver the summons and complaint to the tenant. Proper service is required before the court can proceed. |
| 5. Attend the Court Hearing | Typically 5 to 20 days after filing | Both parties present evidence at the hearing. Bring the written lease, the served notice, proof of service, and documentation of the violation. The magistrate judge issues a judgment for possession if the landlord prevails. |
| 6. Obtain and Execute the Writ of Possession | 72 hours after judgment | After a judgment in the landlord's favor, the court issues a Writ of Possession. The tenant has 72 hours to vacate voluntarily. If the tenant does not leave, the county sheriff enforces the writ and removes the tenant. |
Filing an eviction in Idaho costs $166 in magistrate court plus sheriff service fees (typically $50 to $100) and optional attorney fees that can add $500 to $2,000 or more. Total out-of-pocket costs for an uncontested eviction generally run $250 to $500; contested cases can exceed $3,000 when legal counsel is involved.
After the court enters a judgment for possession, the tenant has 72 hours to vacate voluntarily. If the tenant remains, the landlord obtains a Writ of Possession and the county sheriff physically removes the tenant. Self-help eviction is illegal in Idaho: a landlord may never change locks, shut off utilities, or remove the tenant's belongings without a court order and sheriff involvement, regardless of how far behind on rent the tenant is.
General information, not legal advice. Governing statute: Idaho Code Title 6, Chapter 3 (Forcible Entry and Unlawful Detainer), Sections 6-301 through 6-324. Self-help eviction is illegal everywhere; always follow the court process.
Idaho eviction FAQ
An uncontested eviction typically takes **2 to 6 weeks** from the date the notice is served to the date the sheriff enforces the writ. If the tenant files an answer and the case goes to a full hearing, the timeline can stretch to **2 to 3 months**.
The minimum cost is approximately **$216 to $266** (court filing fee of $166 plus sheriff service fees of $50 to $100). Hiring an attorney adds **$500 to $2,000** or more, bringing total costs for a contested eviction to **$1,500 to $3,000+**.
No. Idaho law requires a court judgment before a tenant can be removed. Self-help eviction tactics such as changing locks, removing doors, or shutting off utilities are illegal and expose the landlord to liability.
If the tenant pays the full amount owed before the 3-day notice period expires, the eviction process stops and the landlord cannot proceed to court on that nonpayment ground.
Yes. A landlord can evict a month-to-month tenant without a written lease by serving a **30-day written notice** to terminate the tenancy, then filing an unlawful detainer action if the tenant does not vacate by the deadline.
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