Idaho 3-Day Notice to Cure Lease Violation or Quit

3-DAY NOTICE TO CURE LEASE VIOLATION OR QUIT — STATE OF IDAHO

TABLE OF CONTENTS

1. Caption and Identification
2. Tenancy and Premises
3. Description of Breach
4. Statutory Basis — Curable or Incurable
5. Demand and Three-Day Election
6. Specific Cure Required
7. Reservation of Rights
8. Tenant's Statutory Rights and Defenses
9. Fair Housing Notice
10. Signature
11. Proof of Service
12. Idaho Practice Notes
13. Sources and References

1. CAPTION AND IDENTIFICATION

2. TENANCY AND PREMISES

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

2.2. Tenancy. Tenant occupies the Premises pursuant to a [written / oral] rental agreement dated [__/__/____] (the "Rental Agreement").

2.3. Term. ☐ Fixed-term lease expiring [__/__/____] ☐ Month-to-month tenancy ☐ Other: [________].

3. DESCRIPTION OF BREACH

3.1. Tenant is in breach of the following covenant or condition of the Rental Agreement:

Lease section(s) breached: [§ ___ / Page ___]

Text of breached covenant: "[QUOTE THE LEASE LANGUAGE]"

3.2. Specific conduct constituting the breach:

[DESCRIBE WITH PARTICULARITY — e.g., "On [DATE], at approximately [TIME], Tenant kept on the Premises an unauthorized animal, specifically a [BREED/DESCRIPTION] dog, in violation of § __ of the Rental Agreement, which prohibits all pets."]

3.3. Dates of conduct: [DATE(S)]

3.4. Witnesses / evidence: [WITNESS NAMES, PHOTOGRAPHS, INSPECTION REPORTS, POLICE REPORTS, ETC.]

4. STATUTORY BASIS — CURABLE OR INCURABLE

Check the applicable statutory basis:

☐ (a) Idaho Code § 6-303(3) — CURABLE breach of covenant. A 3-day notice requiring the performance of the breached condition or covenant, OR possession of the Premises. Tenant has the right to cure within three (3) days.

☐ (b) Idaho Code § 6-303(4) — INCURABLE breach. Tenant has assigned or sublet the Premises in violation of the Rental Agreement, or has committed waste. A 3-day notice TO QUIT is given. Tenant does NOT have a statutory right to cure.

☐ (c) Idaho Code § 6-303(5) — Controlled substance activity. Landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production, or use of a controlled substance on the Premises during the term of the tenancy. A 3-day notice is given pursuant to Idaho Code § 6-303(5). (Consult counsel regarding the procedural and proof requirements.)

☐ (d) Other (specify): [________________________________].

5. DEMAND AND THREE-DAY ELECTION

5.1. Pursuant to Idaho Code § 6-303(3) [and/or § 6-303(4) / (5) as checked above], Landlord hereby DEMANDS that, within THREE (3) DAYS after service of this Notice upon Tenant, Tenant either:

☐ (a) CURE the breach described in Section 3 by performing the action specified in Section 6 below (only available where § 6-303(3) is checked and the breach is curable); OR

☐ (b) QUIT and DELIVER UP possession of the Premises to Landlord.

5.2. Failure to elect. If Tenant fails to do either (a) or (b) within three (3) days after service, Landlord will commence an action for unlawful detainer pursuant to Idaho Code § 6-303 et seq. seeking, among other remedies:

☐ Restitution of the Premises (eviction);
☐ A money judgment for damages caused by the breach;
☐ A declaration of forfeiture of the Rental Agreement under Idaho Code § 6-316;
☐ Costs of suit and, where the Rental Agreement so provides, reasonable attorney fees;
☐ Treble damages under Idaho Code § 6-317 if applicable; and
☐ Such other relief as the Court deems just.

5.3. Post-judgment removal. Tenant is further notified that, if a court enters judgment against Tenant, Tenant will have only seventy-two (72) hours (residential tenant) or seven (7) days (commercial tenant or tenant of five (5) or more acres) to remove personal belongings from the Premises after entry of judgment, as required by Idaho Code §§ 6-303 and 6-316.

6. SPECIFIC CURE REQUIRED

(Applicable only where § 6-303(3) is checked.)

6.1. To cure the breach, Tenant must, within three (3) days after service of this Notice:

[DESCRIBE THE EXACT CURE — e.g., "Permanently remove the unauthorized animal from the Premises and provide written confirmation to Landlord, by email to [EMAIL], that the animal will not return."]

6.2. Address for confirmation of cure:

6.3. Inspection. Landlord [reserves / does not reserve] the right to inspect the Premises after cure on reasonable notice as permitted by the Rental Agreement and applicable law.

7. RESERVATION OF RIGHTS

7.1. This Notice is given without prejudice to, and Landlord expressly reserves, all rights and remedies under the Rental Agreement, Idaho Code § 6-303 et seq., Idaho Code § 6-316, Idaho Code § 6-317, the Idaho Rules of Civil Procedure, and applicable common law.

7.2. Acceptance of any rent or other payment after the date of this Notice shall not be deemed a waiver of Landlord's right to proceed with an unlawful detainer action unless Landlord so agrees in a signed writing.

7.3. Nothing herein is, or shall be construed as, a waiver of any other breach, default, or claim now existing or hereafter arising.

8. TENANT'S STATUTORY RIGHTS AND DEFENSES

8.1. Right to cure. Where the breach is curable under Idaho Code § 6-303(3), Tenant may avoid eviction by completing the cure described in Section 6 within three (3) days of service.

8.2. Right to contest. Tenant has the right to contest this Notice and any subsequent unlawful detainer action by appearing and filing a written answer. Recognized defenses include defective notice, prior cure, waiver, retaliation (in limited circumstances), housing discrimination under federal and state fair housing laws, breach of the narrow common-law warranty recognized in Worden v. Ordway, and offsets under Idaho Code § 6-320 and § 6-321.

8.3. Self-help bar. Idaho law prohibits "self-help" eviction. A landlord may NOT lock out a tenant, remove or withhold the tenant's belongings, shut off utilities, or otherwise force a tenant to vacate without a court order. A landlord who engages in self-help may be liable for actual damages, treble damages under Idaho Code § 6-317, attorney fees, and the statutory cause of action under Idaho Code § 6-320.

8.4. Security deposit. Upon surrender of the Premises, Idaho Code § 6-321 requires Landlord to refund any security deposit, less an itemized written accounting of any deductions, within twenty-one (21) days (or such longer period stated in the Rental Agreement, not to exceed thirty (30) days). Failure to comply forfeits the right to retain any portion of the deposit and entitles the tenant to recover statutory damages and reasonable attorney fees.

8.5. Habitability. Idaho has not adopted a comprehensive statutory implied warranty of habitability and is among the holdout jurisdictions on this point. The Idaho Supreme Court in Worden v. Ordway, 105 Idaho 719 (1983), recognized only a narrow common-law warranty. Idaho Code § 6-320 provides a limited statutory cause of action for material habitability and code-compliance failures, conditioned on prior written notice and a reasonable opportunity to cure.

8.6. Retaliation. Idaho has no general statutory anti-retaliation provision for residential tenancies outside of HUD-subsidized housing and federal fair housing protections. The City of Boise has, by ordinance effective January 1, 2024, prohibited retaliation against tenants for repair requests, safety complaints, hiring an attorney, or joining a tenant association.

8.7. Legal aid. Free legal assistance may be available from Idaho Legal Aid Services, Inc. (1-208-345-0106 / www.idaholegalaid.org).

9. FAIR HOUSING NOTICE

9.1. This Notice is given solely for breach of the covenant identified above and is not based on any tenant's actual or perceived race, color, religion, sex (including pregnancy, sexual orientation, and gender identity in jurisdictions that include such protections), national origin, familial status, disability, or any other class protected by:

• the federal Fair Housing Act, 42 U.S.C. §§ 3601-3619;
• the Idaho Human Rights Act, Idaho Code § 67-5901 et seq., particularly § 67-5909;
• any applicable municipal ordinance, including (within the City of Boise) the Boise Renter Protection Ordinance prohibiting discrimination based on lawful source of income, sexual orientation, or gender identity (effective January 1, 2024); and
• any other applicable federal, state, or local civil rights law.

9.2. Reasonable accommodation. A tenant with a disability may be entitled to a reasonable accommodation in policies or practices that may otherwise be deemed a breach. Tenant should contact Landlord in writing to request any reasonable accommodation.

10. SIGNATURE

Date: [__/__/____]

11. PROOF OF SERVICE

I, the undersigned, declare under penalty of perjury under the laws of the State of Idaho that I am over the age of eighteen (18) years and not a party to this matter, and that on [__/__/____] at [___:___ AM/PM] I served the foregoing 3-Day Notice to Cure Lease Violation or Quit on Tenant by the following method (check one):

☐ (a) Personal service. Personally delivered a true copy to [TENANT NAME] at [ADDRESS].

☐ (b) Substituted service. Left a true copy with [NAME], a person of suitable age and discretion residing at the Premises, AND on the same date or the next business day mailed a true copy by first-class U.S. mail to Tenant at the Premises.

☐ (c) Posting and mailing. Tenant being absent and no person of suitable age being available after reasonable diligence, posted a true copy in a conspicuous place at the Premises (specify: [________]) AND mailed a true copy by first-class U.S. mail to Tenant at the Premises.

12. IDAHO PRACTICE NOTES

12.1. Forum. Magistrate's Division of the District Court for the county where the Premises are located.

12.2. Expedited track. Idaho Code § 6-310 authorizes an expedited proceeding for nonpayment-of-rent and controlled-substance unlawful detainer claims. Trial must be set between five (5) and twelve (12) days after the date the complaint and summons are filed. Lease-breach claims under § 6-303(3) generally proceed on the regular civil track unless paired with a § 6-303(5) controlled-substance claim.

12.3. Tenant's response. In a non-expedited action, the tenant has twenty (20) days to file a written answer; in the expedited track, a shorter response time as stated in the summons applies.

12.4. Continuance. Idaho Code § 6-311 limits continuances in expedited cases to two (2) days unless the tenant posts a bond securing accruing rent.

12.5. Jury trial. A six-person jury is available on timely demand under Idaho Code § 6-310 and the Idaho Rules of Civil Procedure; a jury demand must be served within the time prescribed for answer.

12.6. Forfeiture. A judgment for the landlord on a § 6-303(3) breach declares forfeiture of the lease under Idaho Code § 6-316.

12.7. Strict-compliance drafting. Idaho courts consistently dismiss expedited unlawful detainer actions where the predicate notice is defective. Confirm: (a) the lease provision quoted; (b) the conduct described with specificity; (c) the cure path stated clearly; and (d) service properly performed and proven.

12.8. Local protections. Within the City of Boise, confirm compliance with the Renter Protection Ordinances effective January 1, 2024.

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

13. 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 § 6-310 — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-310/
• Idaho State Legislature, Idaho Code § 6-316 — 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 — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-320/
• Idaho State Legislature, Idaho Code § 6-321 — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-321/
• Idaho State Legislature, Idaho Code § 67-5909 — https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch59/sect67-5909/
• 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, Self-Help Forms — 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/
• 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) (narrow common-law warranty of habitability).
• 42 U.S.C. §§ 3601-3619 (federal Fair Housing Act).

End of Template — 3-Day Notice to Cure or Quit (Idaho).