Idaho Verified Complaint for Unlawful Detainer (Eviction)

VERIFIED COMPLAINT FOR UNLAWFUL DETAINER (EVICTION) — IDAHO

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Tenancy and Premises
4. Default and Predicate Notice
5. Continued Possession After Notice
6. Count I — Unlawful Detainer (Idaho Code § 6-303)
7. Count II — Damages, Rent, and Holdover
8. Count III — Treble Damages (where applicable)
9. Request for Expedited Hearing (Idaho Code § 6-310)
10. Prayer for Relief
11. Demand for Trial by Jury
12. Verification
13. Signature and Service Block
14. List of Exhibits
15. Idaho Practice Notes
16. Sources and References

1. CAPTION

STATE OF IDAHO

IN THE DISTRICT COURT OF THE [_____] JUDICIAL DISTRICT

IN AND FOR THE COUNTY OF [________________________________] — MAGISTRATE'S DIVISION

CASE NO. [________________________________]

VERIFIED COMPLAINT FOR UNLAWFUL DETAINER

☐ Expedited possession-only proceeding requested under Idaho Code § 6-310 (qualifying rent or controlled-substance ground; omit damages counts)

☐ Regular civil track

Plaintiff, complaining of Defendant(s), alleges and verifies as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [LANDLORD NAME] ("Landlord") is [an individual residing in / a [STATE] limited liability company / corporation duly organized and existing under the laws of [STATE]] with its principal place of [residence / business] at [ADDRESS].

2.2. Defendant [TENANT NAME] ("Tenant") is, on information and belief, an individual residing at the Premises identified below in [COUNTY] County, Idaho.

2.3. [SUBTENANT NAME, IF ANY] was in actual occupation of the Premises when the predicate notice was served. Identify each occupying subtenant named as a defendant and attach the applicable notice service proof. If none, remove the subtenant caption row.

2.4. Subject-matter jurisdiction. The District Court has original jurisdiction under Idaho Code § 1-705. Unlawful detainer proceedings may be assigned to a magistrate under § 1-2208(1)(b), subject to Idaho Supreme Court rules.

2.5. Venue. Venue is proper in [COUNTY] County, Idaho, where the Premises are located, under Idaho Code § 5-401(1).

3. THE TENANCY AND PREMISES

3.1. Premises. The leased premises (the "Premises") are located at:

[STREET ADDRESS], [UNIT NUMBER, IF ANY], [CITY], [COUNTY] County, Idaho [ZIP].

3.2. Type of property:

☐ Single-family residence
☐ Apartment / multi-family unit
☐ Townhouse / condominium
☐ Commercial premises
☐ Other: [________]

3.3. Tract size: ☐ Five acres or less ☐ More than five acres.

3.4. Rental Agreement. Tenant occupies the Premises pursuant to a [written / oral] rental agreement dated [__/__/____] (the "Rental Agreement"). ☐ A true and correct copy of the written Rental Agreement is attached as Exhibit 2. ☐ The agreement is oral; its material terms are: [STATE TERM, RENT, DUE DATE, AND OTHER RELEVANT TERMS].

3.5. Type of tenancy:

☐ Fixed-term lease expiring [__/__/____]
☐ Month-to-month tenancy
☐ Other periodic tenancy: [________]
☐ Tenancy at will

3.6. Rent. Under the Rental Agreement, rent of $[________] per [month / week] is due and payable in advance on the [___] day of each rental period.

3.7. Possession. At all times material to this Complaint, Tenant has been, and remains, in possession of the Premises.

4. DEFAULT AND PREDICATE NOTICE

(Complete the section corresponding to the basis for unlawful detainer.)

4.A. Nonpayment of Rent — Idaho Code § 6-303(2)

☐ This action is brought under Idaho Code § 6-303(2) for nonpayment of rent.

4.A.1. Tenant has failed to pay rent for the following period(s):

Total rent in arrears as of the date of this Complaint: $[________________________________].

4.A.2. On [__/__/____], Landlord caused a 3-Day Notice to Pay Rent or Quit to be served on Tenant in accordance with Idaho Code § 6-303. A true and correct copy of the Notice and proof of service is attached as Exhibit 1.

4.A.2.a. The rent periods demanded in that notice became due within one year before its service, as provided in Idaho Code § 6-303(2): [IDENTIFY DUE DATES AND SERVICE DATE].

4.A.3. The Notice complies with Idaho Code § 6-303(2) in that it (i) was in writing; (ii) stated the rent due; (iii) demanded payment within three (3) days or possession, subject to the federal vacate period in Section 4.A.4 if applicable; (iv) included the required post-judgment belongings-removal notice; and (v), if attorney fees are sought, warned that fees will be awarded to the prevailing party under § 6-324; it was served under § 6-304 by [personal delivery / substitute delivery plus mailing / posting plus mailing after the statutory prerequisites were met]. Any subtenant in actual occupation was also served.

4.A.4. If this is a nonpayment case, the three-day Idaho payment demand does not shorten any applicable federal vacate period. Complete Section 4.F for every selected ground.

4.B. Breach of Covenant — Idaho Code § 6-303(3)

☐ This action is brought under Idaho Code § 6-303(3) for failure to perform a covenant or condition of the Rental Agreement.

4.B.1. Tenant breached the following covenant of the Rental Agreement (§ [___]):

[QUOTE THE LEASE LANGUAGE]

4.B.2. The breach consisted of: [DESCRIBE WITH PARTICULARITY], occurring on or about [DATE(S)].

4.B.3. On [__/__/____], Landlord caused a 3-Day Notice to Cure Lease Violation or Quit to be served on Tenant in accordance with Idaho Code § 6-303. A true and correct copy of the Notice and proof of service is attached as Exhibit 1.

4.C. Assignment / Subletting / Waste — Idaho Code § 6-303(4)

☐ This action is brought under Idaho Code § 6-303(4).

4.C.1. Tenant [assigned / sublet the Premises in violation of § ___ of the Rental Agreement / committed waste upon the Premises by ____________].

4.C.2. On [__/__/____], Landlord caused a 3-Day Notice to Quit to be served on Tenant and each person in possession as required by Idaho Code § 6-303(4). A true and correct copy and service proof are attached as Exhibit 1.

4.D. Controlled Substance Activity — Idaho Code § 6-303(5)

☐ This action is brought under Idaho Code § 6-303(5).

4.D.1. On information and belief, [IDENTIFY PERSON] engaged in the unlawful [delivery / production / use] of [CONTROLLED SUBSTANCE] on the Premises during the tenancy on [DATE(S)]. The specific supporting facts are [DESCRIBE ACTIVITY, WITNESSES, AND RECORDS; IDENTIFY ANY EXHIBIT]. If requesting the § 6-310 possession-only procedure, Landlord's reasonable grounds to believe the activity occurred are [STATE FACTS].

4.D.2. Idaho Code § 6-303(5) states the controlled-substance ground without imposing a three-day predicate notice. If another notice is required by the lease or other applicable law, identify it and attach a copy as Exhibit 1.

4.E. Holdover After Termination — Idaho Code §§ 6-303(1), 55-208

☐ This action is brought under Idaho Code § 6-303(1) (and, where the tenancy is at will, § 55-208) for unlawful detainer after expiration / termination of the tenancy.

4.E.1. The tenancy ended effective [__/__/____] by [expiration of the fixed term / written tenancy-at-will notice specifying removal at least one month later under § 55-208 / other: ____]. For a residential nonrenewal, the landlord provided written notice of intention of nonrenewal at least thirty days beforehand under Idaho Code § 55-304(2), unless [IDENTIFY A BASIS FOR NONAPPLICABILITY].

4.E.2. ☐ The applicable tenancy-at-will or residential nonrenewal notice was served on Tenant on [__/__/____]; a true and correct copy and service proof are attached as Exhibit 1. ☐ This was a nonresidential fixed term that expired by its terms; the expiration date and agreement are identified above.

4.F. Federal Covered-Dwelling Notice Review — 15 U.S.C. § 9058(a), (c)

Complete for the ground selected above.

☐ The Premises are not a covered dwelling under § 9058(a). Basis: [STATE COVERAGE FACTS].

☐ The Premises are a covered dwelling because [COVERED HOUSING PROGRAM / RURAL HOUSING VOUCHER / FEDERALLY BACKED MORTGAGE]. A notice to vacate was provided on [__/__/____], and did not require surrender before [DATE AT LEAST 30 DAYS AFTER THAT NOTICE]. The notice and delivery proof are attached as Exhibit 1.

5. CONTINUED POSSESSION AFTER NOTICE

5.1. If the selected ground requires notice, the applicable notice period expired on [__/__/____]. If no state predicate notice is required for the selected ground, state the applicable facts: [________________________________]. Any applicable federal covered-dwelling vacate period stated in Section 4.F expired on [__/__/____ / NOT APPLICABLE].

5.2. Tenant remains in possession of the Premises after [failing to pay the rent demanded / failing to cure the breach / expiration of the term or termination notice / the controlled-substance ground described above].

5.3. By reason of the foregoing, Tenant is guilty of unlawful detainer within the meaning of Idaho Code § 6-303.

6. COUNT I — UNLAWFUL DETAINER (IDAHO CODE § 6-303)

6.1. Landlord re-alleges and incorporates by reference paragraphs 1 through 5 as if fully set forth herein.

6.2. Tenant remains in possession after the facts establishing the selected ground under Idaho Code § 6-303, including expiration of any predicate notice required for that ground.

6.3. Landlord seeks restitution of the Premises under Idaho Code § 6-316 and, for a rent default, covenant breach, or qualifying controlled-substance ground, a declaration of forfeiture of the Rental Agreement under that section.

6.4. Post-judgment removal periods. Under Idaho Code § 6-316(2), a residential tenant has seventy-two (72) hours, and a commercial tenant or a tenant of a tract of five (5) acres or more has seven (7) days, to remove belongings after the court finds for the landlord. A court may grant a commercial tenant more than seven days on good cause.

7. COUNT II — DAMAGES, RENT, AND HOLDOVER

7.1. Landlord re-alleges paragraphs 1 through 6 as if fully set forth herein.

7.2. Unpaid rent. Tenant owes Landlord rent in arrears in the amount of $[________], plus rent accruing through the date of trial at the daily rate of $[________].

7.3. Damages for unlawful detainer. Landlord has been damaged by Tenant's unlawful detainer in the amount of $[________], comprising:

☐ Lost rental value during the holdover period;
☐ Damage to the Premises beyond ordinary wear and tear;
☐ Costs of removal, cleaning, and re-letting; and
☐ Other consequential damages: [________].

7.4. Costs and attorney fees. Landlord seeks costs and reasonable attorney fees only where allowed by Idaho Code § 6-324 or another applicable ground. Section 6-324 excludes cases in which treble damages are awarded and, for a § 6-303(2) nonpayment case, requires the three-day notice to warn of prevailing-party fees.

8. COUNT III — TREBLE DAMAGES (WHERE APPLICABLE)

8.1. Landlord re-alleges paragraphs 1 through 7 as if fully set forth herein.

8.2. Pursuant to Idaho Code § 6-317, where damages are recovered for forcible or unlawful detainer, judgment may be entered for three (3) times the amount of actual damages assessed.

8.3. Landlord seeks treble damages under Idaho Code § 6-317 in an amount to be proved at trial.

9. REQUEST FOR EXPEDITED HEARING (IDAHO CODE § 6-310)

(Complete only if expedited proceeding is requested.)

9.1. This action is exclusively for possession based on [nonpayment of rent on a tract of five acres or less / the controlled-substance ground described in § 6-310(1)] and qualifies for the expedited proceeding under Idaho Code § 6-310. For this route, remove Counts II and III and the monetary relief requests before filing; if seeking rent or damages in this complaint, use the ordinary track and omit this request.

9.2. For a qualifying possession-only action, Landlord requests that the Court schedule trial within twelve (12) days after filing; the summons, complaint, and notice of trial setting must be served at least five (5) days before trial.

9.3. In a qualifying possession-only action, Landlord requests that any continuance comply with Idaho Code § 6-311 (no longer than two days unless the defendant supplies the required secured undertaking).

10. PRAYER FOR RELIEF

WHEREFORE, Landlord respectfully prays that this Court enter judgment in favor of Landlord and against Defendants as follows:

A. For JUDGMENT OF RESTITUTION of the Premises under Idaho Code § 6-316 and issuance of a writ, with physical removal subject to § 6-316(2);

B. If the judgment rests on a rent default, a breach of a lease condition or covenant, or the controlled-substance ground specified in Idaho Code § 6-316(1), for a DECLARATION of forfeiture of the Rental Agreement under that section;

C. For DAMAGES in the amount of unpaid rent through the date of trial of $[________], plus accruing rent at $[________] per day;

D. For consequential and incidental damages caused by the unlawful detainer in an amount to be proved at trial;

E. For TREBLE DAMAGES under Idaho Code § 6-317, where applicable, in an amount to be proved at trial;

F. For PRE- AND POST-JUDGMENT INTEREST as allowed by law;

G. For COSTS of suit and, where Idaho Code § 6-324 permits them, reasonable ATTORNEY FEES; the § 6-303(2) nonpayment notice must contain the required fee warning, and § 6-324 excludes cases in which treble damages are awarded;

H. For issuance of a writ of restitution directing the county sheriff to restore possession at the time Idaho Code § 6-316 permits, subject to the five-day period in § 6-316(1) if this is a rent-default proceeding on a tract larger than five acres under an unexpired lease; and

I. For such other and further relief as the Court deems just and equitable.

11. DEMAND FOR TRIAL BY JURY

Pursuant to Idaho Code § 6-313 and Idaho Rule of Civil Procedure 38, Landlord [hereby DEMANDS / does NOT demand] trial by jury of all issues so triable. If demanding a jury, Landlord [will / will not] stipulate to a jury of fewer than twelve (12), but at least six (6), jurors.

12. VERIFICATION

I, [NAME], am the Plaintiff (or duly authorized agent of Plaintiff) in the above-captioned action. I have read the foregoing Complaint and know its contents. The matters stated therein are true of my own knowledge, except those matters stated on information and belief, which I believe to be true.

I declare under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], Idaho.

13. SIGNATURE AND SERVICE BLOCK

Date: [__/__/____]

Respectfully submitted,

[ATTORNEY FOR PLAINTIFF / PLAINTIFF PRO SE]

14. LIST OF EXHIBITS

15. IDAHO PRACTICE NOTES

15.1. Forum. The District Court has original jurisdiction; § 1-2208(1)(b) permits magistrate assignment of unlawful detainer proceedings. File in the county where the Premises are located.

15.2. Filing. Confirm the court's current filing route and formatting requirements.

15.3. Expedited track. Idaho Code § 6-310(1)-(2) schedules trial within 12 days after filing for a qualifying possession-only action based on nonpayment of rent on a tract of five acres or less or on the controlled-substance ground stated in § 6-310(1); service of the summons, complaint, and trial notice must precede trial by at least five days.

15.4. Continuance. In the qualifying possession-only action, § 6-311 limits a continuance to two days unless the defendant provides the prescribed secured undertaking.

15.5. Service. Serve the predicate notice under Idaho Code § 6-304 and the summons and complaint under I.R.C.P. 4. Posting of a predicate notice requires the additional steps in § 6-304; posting alone is insufficient.

15.6. Writ of restitution. Following judgment, request a writ of restitution. Under Idaho Code § 6-316(2), the sheriff restores possession only after the applicable belongings-removal period and three days after the court's finding. A tenant of a tract of exactly five acres has the seven-day belongings-removal period even though a possession-only rent case on that tract qualifies under § 6-310. In a rent-default proceeding on a tract larger than five acres under a lease that has not expired by its terms, § 6-316(1) also delays execution on the judgment for five days after entry; during that period, a tenant or other listed interested party may pay the rent, interest, damages, and costs into court and satisfy the judgment.

15.7. Record shielding. Idaho Code § 6-303A applies to cases filed on or after January 1, 2025. Automatic shielding requires dismissal of the entire case, no pending appeal, and either three years since filing or a filed stipulation to shielding.

15.8. Court process and damages. Obtain a court order for possession. Idaho Code § 6-320 is a tenant action for listed landlord failures after a three-day written notice and demand; it does not itself establish a general self-help claim. Under § 6-317, a court may enter judgment for three times assessed actual damages in a qualifying forcible or unlawful entry or detention action, or an action under § 6-320.

15.9. Other defenses. Review any tenant claim concerning premises condition, retaliation, or local protections under the applicable law before filing.

15.10. Fair housing. Evaluate the facts and any applicable coverage or exemptions under 42 U.S.C. § 3604 and Idaho Code § 67-5909 before filing.

15.11. Other tenancies. Review any separate law that governs the particular property or tenancy before using this complaint.

15.12. Notice and service. Check the specific ground, notice text, service method, and summons procedure before filing.

15.13. Covered dwellings. For a dwelling covered by 15 U.S.C. § 9058(a), subsection (c) bars requiring the tenant to vacate sooner than 30 days after a notice to vacate. Document coverage and the later vacate date in Section 4.F; an Idaho predicate notice does not shorten this federal period.

16. SOURCES AND REFERENCES

• Idaho State Legislature, Idaho Code Title 6, Chapter 3 — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/
• Idaho State Legislature, Idaho Code § 6-303 — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-303/
• Office of the Law Revision Counsel, 15 U.S.C. § 9058(a), (c) — https://uscode.house.gov/us/usc/119-124/t15/s9058/
• Idaho State Legislature, Idaho Code § 6-303A (qualifying cases filed on or after January 1, 2025) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-303a/
• Idaho State Legislature, Idaho Code § 6-310 — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-310/
• Idaho State Legislature, Idaho Code § 6-311 (Continuance) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-311/
• Idaho State Legislature, Idaho Code § 6-316 (Judgment — Restitution) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-316/
• Idaho State Legislature, Idaho Code § 6-317 (Treble damages) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-317/
• Idaho State Legislature, Idaho Code § 6-320 (Tenant remedies) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-320/
• Idaho State Legislature, Idaho Code § 55-208 — https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch2/sect55-208/
• Idaho State Legislature, Idaho Code § 67-5909 — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5909/
• Idaho Supreme Court, Idaho Rules of Civil Procedure — https://isc.idaho.gov/rules-procedure/ircp
• Idaho Office of the Attorney General, Landlord and Tenant Manual — https://www.ag.idaho.gov/content/uploads/2025/08/LandlordTenant.pdf
• Idaho Court Assistance Office — https://courtselfhelp.idaho.gov/
• Idaho Legal Aid Services, Inc. — https://www.idaholegalaid.org/
• Ada County Sheriff, Civil Process Services — https://adacounty.id.gov/sheriff/services/civil-division/civil-process-services-documents/
• 42 U.S.C. § 3604 (federal Fair Housing Act rental discrimination).

End of Template — Verified Complaint for Unlawful Detainer (Idaho).