Idaho’s eviction process moves quickly, but only if the paperwork is right. A notice that’s missing one sentence, or served the wrong way, can send a landlord back to the start. Renters have rights in the process too, and most of them turn on the same details. Here’s how the Idaho eviction notice rules work for rentals in Idaho Falls and Pocatello, from the first notice to the day the sheriff restores possession.
The three kinds of notice in Idaho
Idaho’s eviction law is in title 6, chapter 3 of the Idaho Code. A tenant becomes guilty of “unlawful detainer” only after the right notice has been served and the deadline has passed (Idaho Code 6-303). The Idaho Attorney General’s Landlord and Tenant Manual (July 2026) sums it up: a tenant must be served with a three-day or a 30-day written notice, depending on the situation, and a lease can set a different reasonable notice period but can’t waive notice altogether.
3-day notice to pay rent or move out
When rent is late, the landlord serves a written notice that gives the tenant three days to pay or give up possession. Under Idaho Code 6-303(2), the notice must:
- State the amount of rent that’s due.
- Tell a residential tenant that if the court enters judgment against them, they’ll have 72 hours to remove their belongings before the landlord can remove and dispose of them.
- Be served within one year after the rent became due.
Two details trip people up. First, the notice should cover rent only. The Idaho Court Assistance Office’s expedited eviction instructions say to list only rent owed, not damage or other fees, and that the notice must offer “pay or vacate,” not demand both. Second, if the landlord wants attorney fees, the 3-day notice has to say that attorney fees will be awarded to the prevailing party (Idaho Code 6-324).
3-day notice to cure a lease violation
For other lease breaches, like an unauthorized pet or occupant, the notice must require the tenant to fix the problem or give up possession. Under Idaho Code 6-303(3), the tenant can save the lease by curing the breach within three days. If the violation can’t be undone, no cure notice is required. Subletting or assigning against the lease, or committing waste, terminates the lease, and the landlord can serve a three-day notice to quit (6-303(4)). Illegal drug delivery, production, or use on the premises is also grounds for unlawful detainer (6-303(5)), and the AG manual notes there’s no three-day right to cure that.
One-month notice to end a month-to-month tenancy
A month-to-month rental with no fixed end date is a tenancy at will in Idaho law. Either side can end it with written notice of at least one month (Idaho Code 55-208). Idaho doesn’t require the landlord to give a reason. The AG manual adds an exception: a tenant in subsidized or public housing, or one who receives government housing assistance, can only be given a 30-day notice for good cause.
Some properties also fall under the federal CARES Act. For a “covered dwelling,” which includes units in certain federal housing programs and those with federally backed mortgages, the landlord can’t require the tenant to leave until 30 days after a notice to vacate (15 U.S.C. 9058). The Court Assistance Office still posts CARES Act forms for these cases.
Rent increases and non-renewals: the 30-day rule
This isn’t an eviction notice, but it’s a notice rule every landlord needs to know. For residential property, the landlord must give written notice at least 30 days before a rent increase takes effect, and at least 30 days before not renewing a lease (Idaho Code 55-304). The non-renewal piece was added in 2024, and the section was renumbered from 55-307 in 2025, so older guides may cite the old number.
Fees work the same way. Any fee on a residential tenant, including a late fee, must be reasonable, and a landlord can’t charge more than the lease allows or add a new fee to a written lease without 30 days’ written notice (Idaho Code 55-305). Cities and counties can’t adopt rent control in Idaho (Idaho Code 55-306). For a sense of where rents sit locally, see our look at Pocatello and Idaho Falls rent prices this fall.
How to serve a notice
Service matters as much as the wording. Idaho Code 6-304 allows three methods, in this order:
- Hand it to the tenant personally.
- If the tenant is away from home and work, leave a copy with someone of suitable age and discretion at either place, and mail a copy to the tenant’s residence.
- If no one suitable can be found, post a copy in a conspicuous place on the property, give a copy to anyone living there if possible, and mail a copy to the property address.
When counting the three days, the Court Assistance Office says not to count the day the tenant received the notice (CAO UD Instruction 1). Fill out an affidavit of service right away. You’ll attach it to the complaint.
The eviction court process in Bonneville and Bannock counties
Eviction cases are filed in the district court for the county where the property sits (Idaho Code 6-305), and unlawful detainer cases can be assigned to magistrate judges (Idaho Code 1-2208). Idaho Falls rentals are in Bonneville County, part of the Seventh Judicial District. Pocatello rentals are in Bannock County, part of the Sixth. Each county has a Court Assistance Office: Bonneville’s is at 605 N. Capital Ave. in Idaho Falls, and Bannock’s is in the courthouse at 624 E. Center St. in Pocatello (Bonneville, Bannock).
The expedited track for unpaid rent
For nonpayment of rent or drug activity on a property of five acres or less, the law sets a fast schedule:
- Trial within 12 days. When the complaint is filed, the court schedules a trial within 12 days, and the tenant must be served with the summons and complaint at least five days before trial (Idaho Code 6-310).
- Limited delays. A continuance of more than two days requires the tenant to post security for the rent that would accrue (Idaho Code 6-311).
- A judge decides. These cases are tried by the court without a jury (Idaho Code 6-311A).
The early trial date doesn’t apply if the landlord also sues for damages in the same case (Idaho Code 6-311E). Evictions for other lease violations follow normal civil procedure, and the AG manual says the tenant has 21 days to file an answer.
The court’s housing forms walk through the nonpayment process step by step: the three-day notice, complaint, summons, affidavits of service, judgment, and writ of restitution. Note one limit in the instructions: the owner must sign the complaint, and a property manager can’t represent the owner in court unless the manager is a licensed Idaho attorney. The forms are only for nonpayment, not for other violations or for collecting unpaid rent and damages.
After judgment: 72 hours and the writ
If the landlord wins, a residential tenant has 72 hours to remove belongings. After that time, and three days after the court’s finding, the sheriff restores possession, and the landlord may remove and dispose of what’s left (Idaho Code 6-316). The prevailing party is entitled to attorney fees, except in cases where treble damages are awarded (Idaho Code 6-324).
What landlords can’t do, and what renters can
Idaho doesn’t allow self-help evictions. The AG manual lists what’s off limits: skipping proper notice, not allowing time to pay or comply, shutting off utilities, changing the locks, or taking the tenant’s property. It also says a landlord can’t evict a tenant for requesting repairs or joining a tenants’ association.
Renters have their own three-day tool. A tenant can serve the landlord a written notice listing problems like failed heat, plumbing, or weatherproofing, or an unreturned deposit, and sue if they aren’t fixed within three days (Idaho Code 6-320). Deposit rules are covered in our guide to Idaho security deposit rules.
One newer protection: for eviction cases filed on or after January 1, 2025, the records are automatically shielded from public view if the whole case was dismissed, no appeal is pending, and three years have passed, or sooner if both parties file a stipulation (Idaho Code 6-303A, added in 2024).
Practical tips
- Keep the rent notice to rent. Pursue late fees and damages separately.
- Document service the day it happens, including the mailing.
- Put rent increases and non-renewals in writing at least 30 days out, and make sure the tenant actually receives them, as the AG manual advises.
- Renters: respond. If you get a summons, the court’s Tenant’s Answer form must be filed before the trial date.
Frequently asked questions
How long does an eviction take in Idaho?
For unpaid rent, the notice period is three days and the trial is set within 12 days of filing. After a judgment, a residential tenant has 72 hours to remove belongings.
How much notice does a landlord need to end a month-to-month lease in Idaho?
At least one month in writing under Idaho Code 55-208, unless the tenant has housing assistance or the property is covered by the CARES Act’s 30-day notice rule.
Can a property manager file an eviction for the owner?
According to the Court Assistance Office’s instructions, not on their own. The owner signs the complaint and either represents themselves or hires an attorney.
Need help with a rental in Idaho Falls or Pocatello?
Most evictions start with a notice that could have been avoided with clear screening, a solid lease, and consistent rent collection. If you own a rental in Southeastern Idaho and want help with any of that, reach out to Axiom Properties.
This article is general information, not legal advice. Laws and court procedures change, and every situation is different. For your specific case, talk with a licensed Idaho attorney or contact the Idaho Court Assistance Office.
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