Eviction Notice Requirements in Idaho
At a glance
| Governing law | Idaho's eviction rules are in the forcible-entry-and-unlawful-detainer statutes, Idaho Code Title 6, ch. 3: grounds and notice periods § 6-303, service § 6-304, the expedited eviction action § 6-310. Ending a month-to-month tenancy (tenancy at will) is in Title 55, § 55-208. Idaho is NOT a URLTA state and has no separate residential landlord-tenant code setting notice periods. No statewide just cause |
|---|---|
| Notice for unpaid rent | 3 days: after a rent default, the landlord serves a written notice 'requiring its payment, stating the amount which is due, or possession of the property' (§ 6-303(2)). Paying the amount due within 3 days stops the eviction. The notice must also warn that after a judgment a residential tenant has 72 hours to remove belongings — omitting that language voids the notice and restarts the 3 days |
| Notice for a lease violation | 3 days to perform or quit: for a breach of any lease covenant other than rent, the landlord serves a 3-day written notice 'requiring the performance of such conditions or covenants, or the possession of the property' (§ 6-303(3)). Within those 3 days the tenant may 'perform the conditions or covenants... and thereby save the lease from forfeiture.' If the violated covenant 'cannot afterward be performed,' the breach is incurable and no cure notice is required |
| Unconditional quit (no cure allowed) | 3-day notice to quit, no cure, for incurable conduct. Assigning, subletting, or committing waste against the lease 'terminates the lease,' entitling the landlord to possession 'upon service of three (3) days' notice to quit' (§ 6-303(4)). Separately, the unlawful delivery, production, or use of a controlled substance on the premises is an unlawful-detainer ground (§ 6-303(5)); as conduct that cannot be undone it falls under the § 6-303(3) incurable-breach proviso, so it is served as a 3-day notice to quit with no cure |
| Ending a month-to-month tenancy | One month: a landlord ends a month-to-month tenancy (tenancy at will) by written notice 'to remove from the premises within a period of not less than one (1) month' (§ 55-208(1)). Idaho expresses this as one month, not a fixed 30-day count, so the period tracks the calendar month named in the notice |
| Just cause to evict required? | No. Idaho has no statewide just-cause requirement; a month-to-month tenancy may be ended for any lawful reason on the one-month § 55-208 notice. Local ordinances are outside this state-law survey (Idaho has no rent control statewide) |
| How the notice must be served | Section 6-304: (1) personal delivery to the tenant; or (2) if the tenant is absent from home and work, leaving a copy with a person of suitable age and discretion at either place AND mailing a copy; or, if neither place can be found and no suitable person is there, posting a copy conspicuously on the property, delivering a copy to any person residing there, AND mailing a copy. A nonpayment notice must state the amount due and include the 72-hour post-judgment removal warning (§ 6-303(2)) |
| Tenant's right to cure/reinstate | Pay the amount due (nonpayment) or perform the covenant (lease breach) within the 3 days to 'save the lease from forfeiture' (§ 6-303(2)-(3)); there is no cure for waste/assignment (§ 6-303(4)) or drug activity (§ 6-303(5)). Idaho's eviction statutes contain NO written retaliation bar and NO just-cause requirement — a notable gap versus most states — but Idaho courts recognize a common-law retaliatory-eviction defense (for example, evicting because the tenant requested repairs, reported a code violation, or joined a tenants' association). A landlord also may not use self-help (lockout, utility shutoff); only a court may order eviction |
Requirements one by one
Governing law
Idaho does not have a Uniform Residential Landlord and Tenant Act. Its eviction-notice rules live in the general forcible-entry-and-unlawful-detainer statutes, Idaho Code Title 6, chapter 3. Section 6-303 defines every ground for an unlawful detainer and the notice each requires; § 6-304 says how to serve the notice; § 6-310 is the expedited court action. The one no-fault termination — ending a month-to-month tenancy — is in a different title, Idaho Code § 55-208. Idaho has no statewide just-cause requirement.
Notice for unpaid rent
After a rent default, the landlord serves a written notice "requiring its payment, stating the amount which is due, or possession of the property" (§ 6-303(2)). That is a 3-day notice, and paying the amount due within three days stops the eviction. Idaho adds a content requirement most states don't: the notice must warn that, if the landlord wins a judgment, a residential tenant gets 72 hours to remove belongings. Leaving that language out makes the notice defective — the landlord has to re-serve and restart the three days, even if a case is already filed.
Notice for a lease violation
For a breach of any lease covenant other than rent — an unauthorized pet, an unpermitted sublet, a fixable nuisance — the landlord serves a 3-day notice "requiring the performance of such conditions or covenants, or the possession of the property" (§ 6-303(3)). Within those three days the tenant "may perform the conditions or covenants of the lease, or pay the stipulated rent... and thereby save the lease from forfeiture." The statute carves out one exception: if the violated covenant "cannot afterward be performed," the breach is incurable and no cure notice is required.
Unconditional quit (no cure allowed)
Two situations skip the cure step. First, assigning, subletting, or committing waste on the premises contrary to the lease is treated as automatically terminating the lease, and the landlord is entitled to possession "upon service of three (3) days' notice to quit" (§ 6-303(4)) — no chance to cure. Second, "the unlawful delivery, production or use of a controlled substance on the premises" is its own unlawful-detainer ground (§ 6-303(5)). Because that conduct cannot be undone, it falls within the § 6-303(3) incurable-breach proviso and is served as a 3-day notice to quit with no cure. In each case, the "3 days" is the notice period, not a window to fix anything.
Ending a month-to-month tenancy
To end a month-to-month tenancy (a "tenancy at will") for no fault, the landlord gives written notice "to remove from the premises within a period of not less than one (1) month" (§ 55-208(1)). Idaho phrases this as one month, not a fixed 30-day count — so the deadline is the month named in the notice. A tenant can end the tenancy the same way, with at least one month's written notice (§ 55-208(2)).
How the notice must be served
Section 6-304 sets a three-tier service ladder. First choice: hand the notice to the tenant personally. If the tenant is away from both home and work, the landlord may leave a copy with "some person of suitable age and discretion" at either place and mail a copy. Only if neither home nor work can be found, and no suitable person is there, may the landlord post the notice "in a conspicuous place on the property," deliver a copy to anyone residing there, and mail a copy. Posting is the last resort, not a first option — and for a nonpayment notice, the amount due and the 72-hour warning must be on it.
Tenant's right to cure/reinstate
Paying the amount due, or performing the breached covenant, within the three days "save[s] the lease from forfeiture" (§ 6-303(2)-(3)). There is no cure right for waste or an unauthorized sublet (§ 6-303(4)) or for drug activity (§ 6-303(5)). Idaho is unusual in what its eviction statutes leave out: there is no written retaliation bar and no just-cause requirement in the code. Idaho courts have, however, recognized a common-law retaliatory-eviction defense — for example, where a landlord moves to evict because the tenant asked for repairs, reported a code violation, or joined a tenants' association. And self-help is illegal everywhere in Idaho: a landlord cannot change the locks or shut off utilities; only a court may order an eviction.
What trips people up
The rent notice has to spell out the 72-hour warning. Section 6-303(2) requires the nonpayment notice to state the amount due AND warn that a residential tenant gets 72 hours after judgment to remove belongings. A notice missing that language is defective, and the landlord must re-serve and restart the three days.
Everything for cause is a 3-day notice — but only some let you cure. Nonpayment and ordinary lease breaches give you three days to pay or fix the problem (§ 6-303(2)-(3)). Waste, an unauthorized sublet, or drug activity give you three days to leave with no cure (§ 6-303(4)-(5)). Read which kind you received.
"One month" is not always 30 days. The no-cause notice runs "not less than one month" (§ 55-208), tied to the month named in the notice, not a flat 30-day count. Count to the date stated, and make sure it is at least a full month out.
Idaho has no eviction-statute retaliation rule — but retaliation is still a defense. Don't assume the absence of a statute means a landlord can evict you for complaining. Idaho courts recognize retaliatory eviction as a defense; you may need to raise it in the case rather than point to a code section.
Common questions
How many days do I get to pay before an Idaho landlord can evict me for late rent? Three days after the written notice (§ 6-303(2)). Pay the full amount due within those three days and the eviction is stopped.
My landlord gave me a 3-day notice about a lease violation — can I fix it? Usually yes. For an ordinary covenant breach you have three days to perform and "save the lease from forfeiture" (§ 6-303(3)). Only an incurable problem — waste, an unauthorized sublet, or drug activity — comes with no cure.
I'm month-to-month and my landlord just wants me out — how much warning do I get? Written notice of at least one month (§ 55-208(1)). Idaho has no just-cause law, so no reason is required, but the full month must be given.
Can my landlord evict me for reporting bad conditions? Idaho's eviction statutes don't spell out a retaliation rule, but Idaho courts recognize retaliatory eviction as a defense. If a landlord moves to evict you soon after you requested repairs or reported a code violation, that history can be raised in the eviction case.
Statutes and sources
- Idaho Code § 6-303(2) — 3-day notice to pay rent or quit; required amount-due and 72-hour language. https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-303/ (accessed 2026-07-10)
- Idaho Code § 6-303(3) — 3-day notice to perform a lease covenant or quit; cure right; incurable-breach proviso. https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-303/ (accessed 2026-07-10)
- Idaho Code § 6-303(4)-(5) — 3-day notice to quit for waste/assignment; drug activity as an unlawful-detainer ground. https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-303/ (accessed 2026-07-10)
- Idaho Code § 6-304 — service methods (personal; substituted with mailing; post-and-mail as last resort). https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-304/ (accessed 2026-07-10)
- Idaho Code § 55-208 — ending a month-to-month tenancy (tenancy at will) on not less than one month's written notice. https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch2/sect55-208/ (accessed 2026-07-10)
Source links
Every statute quoted above, linked, with the date we checked it.
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