Eviction Notice and Unlawful Detainer Complaint Package - Idaho

EVICTION NOTICE AND UNLAWFUL DETAINER COMPLAINT PACKAGE — IDAHO

TABLE OF CONTENTS

1. Pre-Filing Compliance Checklist
2. Document A — Three-Day Notice to Pay Rent or Quit
3. Document B — Three-Day Notice to Perform Covenants or Quit
4. Document C — Three-Day Notice to Quit (Waste / Unauthorized Assignment)
5. Document D — One-Month Notice of Termination (Tenancy at Will)
6. Document E — Affidavit / Declaration of Service of Notice
7. Document F — Complaint for Unlawful Detainer
8. Document G — Summons
9. Document H — Proposed Judgment and Writ of Restitution
10. Idaho Practice Notes
11. Sources and References

1. PRE-FILING COMPLIANCE CHECKLIST

☐ Confirm residential lease (written or oral); commercial leases follow Idaho Code § 6-303.
☐ Confirm rent ledger and amount of rent in default.
☐ Confirm correct notice ground: nonpayment (3-day pay-or-quit), other lease breach (3-day perform-or-quit), waste/assignment (3-day unconditional quit), drug activity (no notice), or tenancy-at-will termination (at least one month; residential nonrenewal also at least 30 days).
☐ Include the belongings warning required by § 6-303(2) in the pay-or-quit notice; check the post-judgment removal schedule in § 6-316(2).
☐ For nonpayment, determine whether the dwelling is covered by 15 U.S.C. § 9058(a). If covered, set the earliest surrender date at least 30 days after delivering a notice to vacate, and retain the delivery record.
☐ Confirm proper service (personal delivery; substitute service; posting and mailing). For a § 6-303(2) nonpayment or § 6-303(3) curable-breach notice, also serve any subtenant in actual occupation.
☐ Confirm no SCRA or federally protected status.
☐ If filing an action exclusively for possession based on nonpayment of rent on a tract of five acres or less or the controlled-substance ground in § 6-310(1), calendar § 6-310(2): trial within 12 days after filing, with service at least five days before trial.

2. DOCUMENT A — THREE-DAY NOTICE TO PAY RENT OR QUIT

(Idaho Code § 6-303(2))

TO: [TENANT FULL NAME]
ACTUAL SUBTENANT, IF ANY: [SUBTENANT FULL NAME / NONE]
AND ALL OTHER OCCUPANTS OF: [________________________________]
[STREET ADDRESS, UNIT NUMBER]
[CITY], IDAHO [ZIP CODE]

FROM: [LANDLORD / AGENT NAME]
[LANDLORD ADDRESS]
Telephone: [____________]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that rent is in default for the residential premises located at the address above. Pursuant to Idaho Code § 6-303(2), you must pay the full amount due, in good funds, within THREE (3) DAYS after service of this Notice. The date by which you must quit and surrender possession depends on the federal coverage selection below.

Federal covered-dwelling status (select one and complete before delivery):

☐ The property is not covered by 15 U.S.C. § 9058(a). Surrender possession within three (3) days after service if rent is not paid.

☐ The property is covered by 15 U.S.C. § 9058(a). If rent is not paid, surrender possession by [DATE AT LEAST 30 DAYS AFTER DELIVERY OF THIS NOTICE]. Section 9058(c) does not permit this Notice to require you to vacate sooner. Basis for coverage: [COVERED HOUSING PROGRAM / RURAL HOUSING VOUCHER / FEDERALLY BACKED MORTGAGE].

Itemization of Rent Due

Do not include late fees, damage charges, returned-payment fees, utilities, court costs, attorney fees, or other non-rent charges in the Cure Amount.

Statutory Disclosure Concerning Tenant's Belongings (Idaho Code § 6-316)

YOU ARE NOTIFIED that if a court finds for the Landlord and grants possession, you will have:

• Seventy-two (72) hours to remove your belongings from the premises, if you are a residential tenant; OR
• Seven (7) days if you are a commercial tenant or a tenant of any tract of land of five (5) acres or more. The court may allow more than seven days for a commercial tenant on good cause.

After that period, and at least three (3) days after the court's finding, the sheriff restores possession by removing the tenant. The Landlord or its agents may then remove and dispose of belongings left on or about the premises, subject to any security interests under chapter 9, title 28, Idaho Code. See Idaho Code § 6-316(2).

Cure Option

You may avoid termination of your tenancy by paying the total amount stated above within three (3) days. Acceptable payment forms: [CASH / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / ELECTRONIC TRANSFER]. Deliver payment to:

[PAYEE NAME]
[ADDRESS]
[CITY], IDAHO [ZIP]
between [____] a.m. and [____] p.m., Monday through [____].

Service Period

This Notice may be served within one (1) year after the rent became due (§ 6-303(2)).

Consequence of Failure to Pay or Quit

If you fail to pay within three (3) days and remain after the applicable surrender date selected above, the Landlord may file an action for unlawful detainer under Idaho Code § 6-301 et seq., seeking restitution of the premises, unpaid rent, damages and costs allowed by law, and any trebling permitted by Idaho Code § 6-317.

ATTORNEY-FEE NOTICE: Under Idaho Code § 6-324, except when treble damages are awarded, the prevailing party in an action under Idaho Code Title 6, Chapter 3 is entitled to attorney fees.

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

3. DOCUMENT B — THREE-DAY NOTICE TO PERFORM COVENANTS OR QUIT

(Idaho Code § 6-303(3))

TO: [TENANT FULL NAME]
ACTUAL SUBTENANT, IF ANY: [SUBTENANT FULL NAME / NONE]
PREMISES: [________________________________]
DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in breach of the rental agreement and/or covenants of tenancy in the following respect(s):

Description of Breach

[GUIDANCE: Identify the specific lease provision breached AND specific facts (date, time, conduct). Be concrete. Conclusory allegations are insufficient.]

[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]

Cure Required

Pursuant to Idaho Code § 6-303(3), you have THREE (3) DAYS after service of this Notice within which to perform the covenants and conditions of the lease and/or remedy the breach. If you cure within three (3) days, the lease shall not terminate.

Specific Acts Required to Cure

☐ [____________________________________________]
☐ [____________________________________________]
☐ [____________________________________________]

Consequence of Failure to Cure

If you fail to cure within three (3) days, the Landlord will commence an unlawful detainer action under Idaho Code § 6-301 et seq.

Note on Breaches That Cannot Be Performed Later

Idaho Code § 6-303(3) dispenses with its prescribed demand to perform when the violated lease covenant or condition cannot afterward be performed. Determine the actual statutory ground before filing. If the conduct is waste, assignment, or subletting under § 6-303(4), serve that subsection's three-day notice to quit. Do not assume property damage alone eliminates every applicable notice requirement.

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

4. DOCUMENT C — THREE-DAY NOTICE TO QUIT

(Waste, Unauthorized Assignment or Subletting — Idaho Code § 6-303(4))

(Unconditional — No Right to Cure)

TO: [TENANT FULL NAME]
PREMISES: [________________________________]
DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that the Landlord is terminating your tenancy effective three (3) days after service of this Notice, without opportunity to cure, pursuant to Idaho Code § 6-303(4).

Grounds for Termination

☐ Committing waste upon the premises contrary to the lease covenants
☐ Assigning or subletting the premises without the Landlord's consent

Facts Supporting the Allegation

[Date, time, location, conduct, witnesses, photos referenced]
[____________________________________________________________]
[____________________________________________________________]

Demand for Possession

You are directed to vacate and surrender the premises on or before [__/__/____] (three days from service). If you fail to do so, the Landlord will commence an unlawful detainer action under § 6-301 et seq.

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

5. DOCUMENT D — ONE-MONTH NOTICE OF TERMINATION (TENANCY AT WILL)

(Idaho Code §§ 55-208 and 55-304(2))

TO: [TENANT FULL NAME]
PREMISES: [________________________________]
DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that, pursuant to Idaho Code § 55-208, the Landlord terminates your tenancy at will effective [__/__/____], a date not less than one (1) month after this Notice is given. For residential property, Idaho Code § 55-304(2) also requires at least thirty (30) days' written notice of nonrenewal; the effective date must satisfy both provisions.

You are directed to vacate the premises and deliver up peaceable possession on or before the termination date. If you fail to vacate, the Landlord will commence an action for unlawful detainer.

Landlord / Authorized Agent: [________________________________]
Signature: _________________________________
Date: [__/__/____]

6. DOCUMENT E — AFFIDAVIT / DECLARATION OF SERVICE OF NOTICE

STATE OF IDAHO )
) ss.
COUNTY OF [___] )

I, [NAME OF SERVER], state:

1. I am over the age of eighteen (18) and not a party to this matter.

2. On [__/__/____], at approximately [____] [a.m. / p.m.], I served the foregoing [check one]:

☐ Three-Day Notice to Pay Rent or Quit
☐ Three-Day Notice to Perform Covenants or Quit
☐ Three-Day Notice to Quit (Unconditional)
☐ One-Month Notice of Termination

upon [TENANT NAME], at the premises located at [________________________________], in the following manner:

☐ Personal delivery to the named tenant.
☐ Substituted service and mailing: Tenant was absent from the residence and usual place of business. I left a copy with [NAME], a person of suitable age and discretion, at [RESIDENCE OR BUSINESS ADDRESS], and mailed a copy addressed to Tenant at the residence on [__/__/____].
☐ Posting, resident delivery if available, and mailing: Tenant's residence and business could not be ascertained, or no person of suitable age or discretion could be found there. I affixed a copy conspicuously at [EXACT LOCATION], delivered a copy to [RESIDENT NAME / NONE COULD BE FOUND], and mailed a copy addressed to Tenant at the premises on [__/__/____].

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

Server's Name: [________________________________]
Capacity: ☐ Landlord ☐ Agent ☐ Process Server ☐ Other [______]
Signature: _________________________________
Date: [__/__/____]

7. DOCUMENT F — COMPLAINT FOR UNLAWFUL DETAINER

IN THE DISTRICT COURT OF THE [____________] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [____________]

(MAGISTRATE DIVISION)

Case No. [________________________________]

COMPLAINT FOR UNLAWFUL DETAINER

(Idaho Code § 6-301 et seq.)

Plaintiff, by and through [self / undersigned counsel], for cause of action against Defendant(s), alleges as follows:

I. PARTIES AND JURISDICTION

1. Plaintiff is the [☐ owner ☐ authorized agent of the owner] of the residential rental property located at [STREET ADDRESS, UNIT], [CITY], [____________] County, Idaho [ZIP] (the "Premises").

2. Defendant is a tenant in possession of the Premises under a [☐ written ☐ oral] rental agreement entered into on or about [__/__/____], with monthly rent of $[__________] payable on the [____] day of each month.

3. This Court has jurisdiction and venue under Idaho Code § 1-2208, § 5-401, and § 6-310 because the Premises are located in [____________] County, Idaho.

II. CAUSES FOR UNLAWFUL DETAINER

4. Grounds. (Check all that apply.)

☐ Nonpayment of rent — § 6-303(2). Defendant has failed to pay rent in the amount of $[__________] due for [PERIODS]. Plaintiff served a three-day Notice to Pay Rent or Quit on [__/__/____]. Defendant failed to pay within three (3) days. Federal covered-dwelling status under 15 U.S.C. § 9058(a): ☐ Not covered ☐ Covered; the notice did not require surrender before [DATE AT LEAST 30 DAYS AFTER DELIVERY]. Notice and delivery proof are attached as Exhibit A.

☐ Breach of covenant — § 6-303(3). Defendant breached the rental agreement by [________________________________]. Plaintiff served a three-day Notice to Perform Covenants or Quit on [__/__/____]. Defendant failed to cure. (Exhibit B.)

☐ Waste / unauthorized assignment — § 6-303(4). Defendant has [committed waste / assigned or sublet without consent], specifically [________________________________]. Plaintiff served a three-day Notice to Quit on [__/__/____]. (Exhibit C.)

☐ Controlled-substance activity — § 6-303(5). Defendant or a person under Defendant's control has been engaged in the unlawful delivery, production, or use of a controlled substance on the Premises. No notice is required under § 6-303(5). Facts: [________________________________].

☐ Holdover after notice — §§ 55-208, 55-304(2), and 6-303(1). Defendant remains in possession after expiration of the lease term or after a compliant tenancy-at-will termination notice served on [__/__/____].

5. Defendant's continued possession of the Premises is wrongful and unlawful.

III. DAMAGES

6. As of the date of filing, Plaintiff is damaged in the following amounts:

7. Rent and damages continue to accrue at the per diem rate of $[__________] until possession is restored.

8. [If applicable] Plaintiff requests treble damages under Idaho Code § 6-317 if actual damages are assessed for a qualifying forcible or unlawful entry or detention.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

A. Judgment of restitution of the Premises under Idaho Code § 6-316, with physical removal by the sheriff at the time that section permits;
B. Money judgment for the amounts itemized above, plus per diem rent through restitution;
C. Treble damages if applicable under Idaho Code § 6-317;
D. Writ of Restitution directing the Sheriff of [____________] County to remove Defendant and all occupants;
E. Costs of suit and reasonable attorney's fees; and
F. Such other relief as the Court deems just and proper.

Dated: [__/__/____]

_________________________________
[ATTORNEY / PLAINTIFF NAME], ISB No. [____]
[FIRM NAME]
[ADDRESS]
[CITY], IDAHO [ZIP]
Telephone: [____________]
Email: [____________]
Attorney for Plaintiff [or Plaintiff Pro Se]

VERIFICATION

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the foregoing action and that the facts stated in the Complaint are true and correct to the best of my knowledge.

_________________________________
[PLAINTIFF NAME]

Subscribed and sworn before me this [____] day of [____________], 20[__].

_________________________________
Notary Public — State of Idaho
My commission expires: [__/__/____]

8. DOCUMENT G — SUMMONS

IN THE DISTRICT COURT OF THE [____________] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [____________]

(MAGISTRATE DIVISION)

Case No. [________________________________]

SUMMONS (UNLAWFUL DETAINER)

TO THE DEFENDANT: [TENANT NAME]

A Complaint for Unlawful Detainer has been filed against you in the District Court of the [____________] Judicial District, County of [____________], Idaho. A copy of the Complaint is served with this Summons.

District court clerk: [CLERK MAILING ADDRESS]; physical address (if different): [CLERK PHYSICAL ADDRESS]; telephone: [CLERK PHONE]

This complaint seeks possession and a money judgment. The expedited trial setting under Idaho Code § 6-310(1)-(2) applies only to qualifying actions exclusively for possession; any hearing in this action will be set and noticed by the court.

YOU MUST RESPOND WITHIN 21 DAYS AFTER YOU ARE SERVED with this Summons and Complaint. Serve a written Answer on Plaintiff or Plaintiff's attorney and file it with the Clerk of this Court within that period, unless a different time is specified by an applicable rule or statute. Include the case number in your Answer.

IF YOU FAIL TO APPEAR AND DEFEND within the time allowed, a default judgment may be entered against you for the possession and money relief demanded in the Complaint, subject to applicable notice requirements.

Plaintiff's attorney or unrepresented plaintiff: [NAME], [MAILING ADDRESS], [PHONE], [EMAIL], [IDAHO BAR NUMBER IF ATTORNEY]

You have the right to be represented by an attorney. Free or low-cost legal assistance may be available through Idaho Legal Aid Services (1-208-345-0106 / 1-866-345-0106).

Issued: [__/__/____]

_________________________________
Clerk of the District Court

Court seal: [SEAL]

RETURN OF SERVICE

I, [SERVER NAME], certify that on [__/__/____] at [____] [a.m. / p.m.], I served this Summons and the attached Complaint upon [DEFENDANT NAME] at [ADDRESS], by:

☐ Personal delivery
☐ Substituted service (left with [NAME / RELATIONSHIP] at usual abode AND mailed first-class)
☐ Posting and mailing per court order
☐ Other [____________]

_________________________________
[Sheriff / Process Server No. ____]

9. DOCUMENT H — PROPOSED JUDGMENT AND WRIT OF RESTITUTION

IN THE DISTRICT COURT OF THE [____________] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [____________]

(MAGISTRATE DIVISION)

Case No. [________________________________]

JUDGMENT FOR UNLAWFUL DETAINER AND WRIT OF RESTITUTION

THIS MATTER came before the Court on [__/__/____]. The Court, having reviewed the Complaint, considered the evidence, and being fully advised, FINDS:

1. The Court has jurisdiction over the parties and the subject matter.
2. Defendant was duly served with the statutory notice and the Summons and Complaint in accordance with Idaho Code § 6-303 and the Idaho Rules of Civil Procedure.
3. Defendant is guilty of unlawful detainer of the Premises located at [________________________________].
4. Plaintiff is entitled to judgment of restitution of the Premises, subject to the removal schedule in Idaho Code § 6-316(2).

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

A. Judgment of restitution is entered in favor of Plaintiff and against Defendant for the Premises;
B. Money judgment is entered against Defendant for $[__________] in unpaid rent, $[__________] in late fees, $[__________] in damages, $[__________] in costs, and $[__________] in attorney's fees, for a TOTAL of $[__________];
C. [If applicable] Treble damages of $[__________] under Idaho Code § 6-317;
D. Writ of Restitution shall issue when Idaho Code § 6-316 permits execution on this judgment.

DATED: [__/__/____]

_________________________________
Magistrate Judge

WRIT OF RESTITUTION

TO THE SHERIFF OF [____________] COUNTY:

YOU ARE COMMANDED to remove Defendant [NAME] and all other occupants from the Premises located at [________________________________], and to restore peaceful possession to Plaintiff [NAME].

The residential Defendant has seventy-two (72) hours after the court's finding to remove personal belongings. A commercial tenant or tenant of a tract of five (5) acres or more has seven (7) days, or longer if the court grants it. The sheriff shall restore possession after the applicable removal time and three (3) days after the court's finding, as required by Idaho Code § 6-316(2).

If this judgment follows a rent default on a tract larger than five acres under a lease that has not expired by its terms, execution is also stayed for five days after entry of judgment under Idaho Code § 6-316(1). A tenant or other listed interested party may satisfy the judgment during that period by paying the rent, interest, damages, and costs into court.

Issued: [__/__/____]

_________________________________
Clerk of the District Court

10. IDAHO PRACTICE NOTES

10.1 Statutory Authority Snapshot

10.2 Required Disclosure in Pay-or-Quit Notice

Idaho Code § 6-303(2) requires the 3-day pay-or-quit notice to disclose the post-judgment timeline for removal of the tenant's belongings (72 hours residential; seven days for a commercial tenant or tenant of a tract of five acres or more, with a possible longer period granted by the court for either category).

For a covered dwelling, 15 U.S.C. § 9058(c) also prohibits requiring the tenant to vacate before 30 days after delivery of a notice to vacate. Complete the coverage and surrender-date selection in Document A; the Idaho payment deadline does not shorten the federal vacate period.

10.3 No URLTA

Idaho is NOT a URLTA state. There is no statutory implied warranty of habitability except for limited safety standards under Idaho Code § 6-320 (action for damages for breach of certain landlord duties). However, common-law constructive eviction defenses may apply.

10.4 Late Fees / Grace Period

Idaho has no statutory cap on late fees and no statutory grace period. The lease controls. Reasonable late fees are generally enforceable.

10.5 Self-Help Eviction Prohibited

Self-help eviction (lockouts, utility shut-offs, removing belongings without writ) is prohibited under Idaho common law and may expose the landlord to tort liability.

10.6 Service of Notice and Summons

The 3-day notice may be served by personal delivery, substituted service (with a person of suitable age PLUS mailing), or posting and mailing. The Summons must be served under Idaho R. Civ. P. 4.

10.7 Tenant Defenses Commonly Raised

☐ Defective pay-or-quit notice (period, rent amount, or missing § 6-303(2) belongings warning)
☐ Improper service
☐ Tender of full rent within cure period
☐ Constructive eviction / breach of § 6-320 duties
☐ Acceptance of rent after notice (waiver)
☐ Retaliation (common law)
☐ Federal subsidized-housing termination requirements
☐ Servicemembers Civil Relief Act
☐ Record shielding after full dismissal, where Idaho Code § 6-303A applies to a case filed on or after January 1, 2025, with no pending appeal and the required passage of three years or filed stipulation

10.8 Trial Setting and Writ Form

Section 6-310(1)-(2) supplies the 12-day trial-setting rule for a qualifying possession-only rent action on a tract of five acres or less, or for the controlled-substance ground stated in § 6-310(1). This combined complaint requests rent and damages, so do not claim that expedited setting for it. Section 6-311C provides a form of execution after a restitution judgment; it does not set a 72-hour trial after an answer. For a rent-default judgment on a tract larger than five acres under an unexpired lease, § 6-316(1) bars execution for five days after entry while the specified payment may satisfy the judgment.

11. SOURCES AND REFERENCES

• Idaho Code § 6-301 et seq. (Forcible Entry and Unlawful Detainer): https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH3/
• Idaho Code § 6-303 (Notice requirements): https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH3/SECT6-303/
• Idaho Code § 6-316 (Removal of personal property): https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH3/SECT6-316/
• Idaho Code § 55-208 (Termination of tenancy at will): https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch2/sect55-208/
• Idaho Code § 55-304 (Change in lease terms; residential nonrenewal): https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch3/sect55-304/
• Idaho Legal Aid Services, Landlord-Tenant Brochure: https://idaholegalaid.org/sites/default/files/2025-12/landlord-tenant-rights-responsibilities-brochure.pdf
• Idaho Supreme Court forms (eviction): https://courtselfhelp.idaho.gov/Forms/eviction