NOTICE OF TERMINATION AND DEMAND FOR POSSESSION
(Idaho – Residential Tenancy)
[// GUIDANCE: This template is structured to satisfy Idaho’s residential eviction notice requirements. Customize bracketed items, delete inapplicable options, and confirm all facts before service. The notice periods and service methods below track current Idaho law but always verify no statutory changes have occurred immediately prior to use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Certificate of Service
1. DOCUMENT HEADER
1.1 Title. NOTICE OF TERMINATION AND DEMAND FOR POSSESSION (the “Notice”).
1.2 Parties.
• “Landlord”: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] having its principal place of business at [LANDLORD ADDRESS].
• “Tenant”: [TENANT LEGAL NAME], whose last‐known address is [TENANT ADDRESS].
1.3 Premises. The residential real property commonly known as [PROPERTY ADDRESS], including all appurtenant areas (the “Premises”).
1.4 Lease/ Tenancy. The tenancy commenced [LEASE START DATE] pursuant to [written lease dated ___ / month-to-month oral tenancy] (the “Tenancy Agreement”).
1.5 Effective Date. This Notice is given and deemed served on [DATE OF SERVICE] (the “Effective Date”), subject to the service requirements in Section 11.
1.6 Governing Law & Jurisdiction. Idaho landlord–tenant law governs. All proceedings arising from this Notice shall be brought exclusively in the State of Idaho [COUNTY] County Housing Court (or other court of competent jurisdiction) (the “Housing Court”).
2. DEFINITIONS
Alphabetically, the following terms have the meanings set forth below. Capitalized terms not defined here have the meanings assigned elsewhere in this Notice.
“Cure Amount” – The total monetary sum specified in Section 3.2(a) required to cure the Default.
“Default” – Any event listed in Section 3.1 constituting grounds for termination.
“Notice Period” – The statutory period stated in Section 3.2(b) within which Tenant must cure the Default or vacate.
“Rent” – All sums payable as periodic rent, plus any late fees, utilities, or other charges designated as additional rent under the Tenancy Agreement.
3. OPERATIVE PROVISIONS
3.1 Statement of Default
The Landlord hereby notifies Tenant that Tenant is in default of the Tenancy Agreement by reason of the following (check all that apply):
☐ (a) Nonpayment of Rent: Rent in the amount of $[AMOUNT] became due on [DATE(S)] and remains unpaid.
☐ (b) Breach of Covenant: Tenant has materially violated the following covenant(s): [DESCRIBE BREACH].
☐ (c) Holdover / Termination of Periodic Tenancy: Landlord elects to terminate a month-to-month tenancy.
3.2 Tenant’s Obligations
(a) Monetary Cure (if applicable). Tenant must pay the Cure Amount of $[AMOUNT] by cash, cashier’s check, or other form acceptable to Landlord at [PAYMENT LOCATION/PORTAL].
(b) Time to Comply.
• For nonpayment of Rent or other curable breach – THREE (3) calendar days, exclusive of the day of service, to either (i) cure the Default in full or (ii) surrender possession.
• For termination of a month-to-month tenancy (no cause) – THIRTY (30) calendar days to surrender possession; no cure available.
(c) Vacate Requirement. If Tenant fails to cure (where permitted) and/or vacate within the applicable Notice Period, Tenant must surrender exclusive possession of the Premises to Landlord, remove all personal property, and return all keys/entry devices.
3.3 Demand for Possession
Landlord hereby DEMANDS that Tenant comply with Section 3.2. Upon failure to comply, Landlord will commence an unlawful detainer action without further notice, seek possession, statutory damages, court costs, and attorney fees.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that it is the record owner or authorized agent of the Premises and has authority to deliver this Notice.
4.2 Landlord warrants that, to the best of its knowledge, the sums and breaches claimed herein are true, correct, and presently outstanding.
4.3 Nothing herein constitutes a waiver of any prior or future defaults.
5. COVENANTS & RESTRICTIONS
5.1 Tenant shall:
(a) Maintain the Premises in accordance with the Tenancy Agreement until surrendered;
(b) Refrain from committing waste, nuisance, or unlawful conduct; and
(c) Permit prospective purchasers, lenders, or contractors reasonable access upon twenty-four (24) hours’ prior notice, or such shorter period as the law permits for emergency repairs.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any failure by Tenant to strictly comply with Section 3.2 constitutes an Event of Default.
6.2 Remedies. Upon an Event of Default, Landlord may, without limitation:
(a) File an unlawful detainer action for possession, rent, damages, and issuance of a writ of restitution;
(b) Recover all costs of suit, including reasonable attorney fees, as permitted by statute or the Tenancy Agreement; and
(c) Seek such other relief as the Housing Court deems just and proper.
7. RISK ALLOCATION
[// GUIDANCE: Indemnification and liability caps are not applicable per metadata. Delete this section if unnecessary in counsel’s judgment.]
7.1 Nothing in this Notice expands or limits either party’s liability beyond that provided by statute or the Tenancy Agreement.
8. DISPUTE RESOLUTION
8.1 Governing Law. All disputes are governed by the laws of the State of Idaho, without regard to conflict-of-laws principles.
8.2 Forum Selection. Exclusive venue lies in the Housing Court identified in Section 1.6.
8.3 Arbitration. Arbitration is not available for possession actions; statutory court process applies.
8.4 Jury Trial. Both parties acknowledge the constitutional right to trial by jury in unlawful detainer proceedings; nothing herein constitutes a waiver of that right.
8.5 Injunctive Relief. Landlord reserves all rights to seek immediate injunctive or equitable relief as an additional or alternative remedy.
9. GENERAL PROVISIONS
9.1 No Waiver. Acceptance of partial rent or any delay in enforcement shall not constitute waiver of Landlord’s rights.
9.2 Severability. If any provision of this Notice is held unenforceable, the balance shall remain in full force and effect.
9.3 Integration. This Notice constitutes the entire notice required for the Defaults stated and supersedes any prior oral or written communications on the subject.
9.4 Amendments. Any amendment must be in writing and signed by Landlord.
9.5 Electronic Signatures. Signatures transmitted electronically shall be deemed originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned executes this Notice on the Effective Date.
[LANDLORD NAME]
By: ________
Name: [PRINTED NAME]
Title: [TITLE / CAPACITY]
Date: [DATE]
[// GUIDANCE: Idaho law does not mandate notarization of an eviction notice, but a notary block may bolster evidentiary value, especially where service is contested.]
11. CERTIFICATE OF SERVICE
I, [NAME OF SERVER], being duly sworn, certify and declare under penalty of perjury that on [DATE OF SERVICE] I served the foregoing Notice of Termination and Demand for Possession upon [TENANT NAME] by the method(s) indicated below (check all that apply):
☐ (1) Personal delivery to Tenant.
☐ (2) Personal delivery to a person of suitable age at the Premises AND mailing a copy to Tenant at the Premises by first-class mail.
☐ (3) If no person of suitable age was present, posting a copy in a conspicuous place on the Premises AND mailing a copy to Tenant at the Premises by first-class mail.
☐ (4) Certified mail, return receipt requested, postage prepaid, addressed to Tenant at the Premises.
Executed on the date first above written at [CITY, STATE].
[NAME OF SERVER]
Signature
[// GUIDANCE: Retain proof of mailing (certificate of mailing, postal receipt) and photographs of any posted notice. Idaho courts strictly construe service requirements; incomplete service can delay eviction.]
END OF DOCUMENT