How to Execute a 3-Day Notice to Pay or Quit in Idaho: Timelines & Costs for Landlords
In Idaho, landlords must serve a 3-Day Notice to Pay or Quit for unpaid rent. The statewide eviction filing fee is typically $166, filed at your local Magistrate Court.
When a tenant stops paying rent, it creates an immediate financial burden for property owners. In Idaho, landlords cannot simply change the locks or shut off utilities. You must follow a strict legal procedure to reclaim your property, starting with a 3-Day Notice to Pay or Quit. This guide outlines the exact timelines, costs, and steps required to legally evict a tenant for non-payment.
Step-by-Step Eviction Process in Idaho
Whether your rental property is located in Boise, Nampa, or Coeur d'Alene, the eviction process generally follows the statutory rules outlined in Idaho Code § 6-303(2). The primary court handling these matters is the Magistrate Division of the District Court.
Serving the Notice Properly (Hand Delivery vs. Posting)
Under Idaho Code § 6-304, landlords must deliver the notice in a very specific manner. A simple text message or email is not legally sufficient. You must first attempt hand delivery directly to the tenant. If the tenant is absent from their residence, you may leave a copy with a person of suitable age and discretion. If no one can be found, you must resort to "post and mail" service. This means securely posting a copy of the notice in a conspicuous place on the property AND mailing a copy to the tenant at the rental address.
Calculating the 3-Day Grace Period
The three-day timeline begins the day after the notice is properly served. In Idaho, when calculating this grace period, you must exclude weekends and legal state holidays. For example, if you serve the notice on a Friday, the three days would generally be Monday, Tuesday, and Wednesday, giving the tenant until midnight on Wednesday to pay.
Refusal of Partial Rent Payments
Many landlords wonder if they should accept partial payments during this grace period. Generally, if you accept a partial rent payment after serving the notice, you may void the document and have to start the eviction process all over again. Most legal professionals advise landlords to refuse partial rent payments if they intend to proceed with the eviction.
Filing the Unlawful Detainer Lawsuit
If the tenant does not pay the full rent or move out by the end of the third day, the landlord must file an eviction lawsuit, formally known as an Unlawful Detainer action. This involves filing Form CAO UD 1-1, Idaho, Idaho Supreme Court, Complaint for Eviction and Form CAO UD 1-2, Idaho, Idaho Supreme Court, Summons for Eviction. You will file these documents at a local courthouse, such as the Ada County Magistrate Court, Boise, the Canyon County Magistrate Court, Caldwell, or the Kootenai County Magistrate Court, Coeur d'Alene.
Typical Attorney & Court Costs for Evictions in Idaho
Evictions involve several hard costs. While you can represent yourself, hiring an experienced local attorney from our directory is highly recommended to ensure compliance with strict legal procedures.
| Expense Type | Estimated Cost |
|---|---|
| Court Filing Fee | Typically $166 for Unlawful Detainer |
| Service of Process | $30 to $75 per tenant |
| Sheriff Writ of Restitution | $40 to $100 for physical removal |
| Attorney Fees | $500 to $1,500+ depending on complexity |
How Long Does the Process Take?
In Idaho, expedited eviction proceedings for non-payment of rent move relatively quickly. Under Idaho Code § 6-310, the court must schedule an eviction trial within 12 days of the complaint being filed. A typical uncontested eviction in Idaho takes about 3 to 5 weeks from serving the notice to physical removal.
Frequently Asked Questions (FAQ)
Can I physically remove a non-paying tenant myself in Idaho?
No. Self-help evictions, such as changing locks or turning off utilities, are strictly illegal in Idaho. You must obtain a court order and have a sheriff execute a Writ of Restitution.
What happens if the tenant pays rent on the fourth day?
Once the 3-day notice expires, the landlord is not legally obligated to accept the rent. You may proceed with filing the Unlawful Detainer lawsuit.
Does the 3-day notice need to be notarized?
No, Idaho law does not require the 3-Day Notice to Pay or Quit to be notarized. However, it must be properly served and documented.
Can I include late fees in the 3-day notice?
Yes, if your written lease agreement explicitly defines late fees as "additional rent," you can generally include them. Otherwise, it is safest to only demand the base past-due rent.
Where can I find an attorney to help with an eviction?
You can browse our directory of US Lawyers to find experienced real estate and landlord-tenant attorneys located in your specific Idaho county.
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