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 proceeding requested under Idaho Code § 6-310 (nonpayment of rent / controlled-substance activity)

☐ 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. The defendants designated as "All Other Persons in Possession" are unknown occupants of the Premises whose true names will be substituted upon discovery.

2.4. Subject-matter jurisdiction. This Court has subject-matter jurisdiction over this action pursuant to Idaho Code § 6-310 and the rules governing the Magistrate's Division of the District Court.

2.5. Venue. Venue is proper in [COUNTY] County, Idaho, because the Premises are located in this county and the cause of action arose here.

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: ☐ Less than 5 acres ☐ 5 acres or more.

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.

3.5. Type of tenancy:

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

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.3. The Notice complies with Idaho Code § 6-303(2) in that it (i) was in writing; (ii) stated the amount of rent due; (iii) demanded payment within three (3) days OR possession; and (iv) was served by [personal service / substituted service / posting and mailing] as required.

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. A true and correct copy is 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. Landlord has reasonable grounds to believe that Tenant or another person has been engaged in the unlawful delivery, production, or use of a controlled substance on the Premises during the term of the tenancy. The grounds include: [SUMMARIZE — e.g., police report dated ____, attached as Exhibit 3].

4.D.2. On [__/__/____], Landlord caused a 3-Day Notice to Quit to be served on Tenant pursuant to Idaho Code § 6-303(5). A true and correct copy is attached 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 was terminated effective [__/__/____] by [expiration of fixed term / 30-day no-cause notice under § 55-208 / other: ____].

4.E.2. On [__/__/____], Landlord caused a Notice of Termination to be served on Tenant. A true and correct copy is attached as Exhibit 1.

5. CONTINUED POSSESSION AFTER NOTICE

5.1. The applicable notice period expired on [__/__/____].

5.2. Tenant has failed and refused, and continues to fail and refuse, to [pay the rent demanded / cure the breach / quit and deliver up possession], and remains in possession of the Premises.

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 has unlawfully detained the Premises in violation of Idaho Code § 6-303 by remaining in possession after the lawful expiration of the predicate notice.

6.3. Landlord is entitled to restitution of the Premises (eviction) under Idaho Code §§ 6-310 and 6-316 and to a declaration of forfeiture of the Rental Agreement under Idaho Code § 6-316.

6.4. Post-judgment removal periods. Tenant is on notice that, upon entry of a judgment for restitution, a residential tenant has only seventy-two (72) hours, and a commercial tenant or tenant of a tract of five (5) or more acres has only seven (7) days, to remove personal belongings from the Premises (Idaho Code §§ 6-303, 6-316).

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 is entitled to recover costs of suit and, where the Rental Agreement so provides or applicable law authorizes, reasonable attorney 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 seeks possession of the Premises based on [nonpayment of rent / controlled-substance activity] and is therefore eligible for the expedited proceeding under Idaho Code § 6-310.

9.2. Landlord respectfully requests that the Court schedule trial within twelve (12) days of the filing of this Complaint and Summons, and not less than five (5) days after service of the Summons and Complaint on Tenant.

9.3. Landlord requests that any continuance be limited as provided in Idaho Code § 6-311 (two (2) days, unless Tenant posts a bond securing accruing rent).

10. PRAYER FOR RELIEF

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

A. For RESTITUTION of the Premises under Idaho Code § 6-316 and the issuance of a writ of restitution forthwith;

B. For a DECLARATION of forfeiture of the Rental Agreement under Idaho Code § 6-316;

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 reasonable ATTORNEY FEES as authorized by the Rental Agreement and by Idaho Code § 12-120, § 12-121, or other applicable law;

H. For an order directing the issuance of a writ of restitution and authorizing the [county sheriff / authorized officer] to remove Tenant and all persons in possession from the Premises pursuant to Idaho law; 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 § 6-310, the Idaho Constitution Article I, § 7, and Idaho Rule of Civil Procedure 38, Landlord [hereby DEMANDS / does NOT demand] trial by jury of all issues so triable.

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 under the laws 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. File in the Magistrate's Division of the District Court of the county where the Premises are located.

15.2. iCourt e-filing. Idaho courts use the iCourt system; confirm local technical and formatting requirements.

15.3. Expedited track. Idaho Code § 6-310 mandates trial within 5 to 12 days of filing for nonpayment-of-rent and controlled-substance claims; service must be at least 5 days before trial.

15.4. Continuance. Limited to 2 days under Idaho Code § 6-311 absent a bond.

15.5. Service. Use Idaho Rule of Civil Procedure 4 procedures: personal, abode/substituted, or court-authorized alternative service. Posting alone is generally insufficient; coordinate with the sheriff or a process server.

15.6. Writ of restitution. Following judgment, request a writ of restitution; the sheriff (Ada County, e.g.) executes service and removal. Coordinate timing of the sheriff's "lockout" with the statutory removal periods (72 hours residential / 7 days commercial or 5+ acres) under Idaho Code §§ 6-303 and 6-316.

15.7. Record shielding. Idaho Code § 6-303A (effective July 1, 2024) provides for shielding of certain unlawful detainer records in specified circumstances. Counsel and tenants should confirm whether the case qualifies.

15.8. Self-help bar. Idaho Code §§ 6-317 and 6-320 expose landlords to treble damages and attorney fees for self-help (lockouts, utility shut-offs, removal of belongings). Always proceed by court order.

15.9. Habitability and retaliation. Idaho is among the holdout states on a comprehensive statutory implied warranty of habitability; Worden v. Ordway recognizes only a narrow common-law warranty. Idaho has no general statutory anti-retaliation provision. The City of Boise has, by ordinance effective January 1, 2024, prohibited retaliation, source-of-income discrimination, and SOGI discrimination.

15.10. Fair housing. Plaintiffs must ensure that the eviction is not motivated, in whole or in part, by a protected basis under 42 U.S.C. §§ 3601-3619 or Idaho Code § 67-5909.

15.11. Mobile/manufactured home park tenancies. Use Idaho Code Title 55, Chapter 20 (Manufactured Home Residency Act); do NOT use this template.

15.12. Statewide context. Idaho has experienced rapid housing-cost growth and a statewide housing shortage; courts may scrutinize compliance with notice and service requirements with special care.

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/
• Idaho State Legislature, Idaho Code § 6-303A (record shielding — eff. July 1, 2024) — 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 § 6-321 (Security deposits) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-321/
• Idaho State Legislature, Idaho Code § 55-208 — https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch2/sect55-208/
• Idaho State Legislature, Idaho Code Title 55, Chapter 20 — https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch20/
• 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/icr/icrtoc
• 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/
• Idaho State Bar, Bartles, Navigating the Idaho Eviction Process — https://isb.idaho.gov/blog/navigating-the-idaho-eviction-processa-guide-for-attorneys-representing-landlords/
• Ada County Sheriff, Civil Process Services — https://adacounty.id.gov/sheriff/services/civil-division/civil-process-services-documents/
• City of Boise, Renter Protections — https://www.cityofboise.org/departments/planning-and-development-services/code-compliance/renter-protections/
• Worden v. Ordway, 105 Idaho 719 (1983).
• 42 U.S.C. §§ 3601-3619 (federal Fair Housing Act).

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