Idaho 3-Day Notice to Pay Rent or Quit

3-DAY NOTICE TO PAY RENT OR QUIT — STATE OF IDAHO

TABLE OF CONTENTS

1. Caption and Identification
2. Tenancy and Premises
3. Statement of Rent Due
4. Demand and Three-Day Election
5. Manner and Place of Payment
6. Reservation of Rights and Acceptance Disclaimer
7. Tenant's Statutory Rights and Defenses
8. Fair Housing Notice
9. Signature and Verification
10. Proof of Service
11. Idaho Practice Notes
12. Sources and References

1. CAPTION AND IDENTIFICATION

2. TENANCY AND PREMISES

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

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

2.4. Period in arrears. Rent has not been paid for the following period(s):

3. STATEMENT OF RENT DUE

3.1. As of the date of this Notice, the total amount of rent due and unpaid under the Rental Agreement is:

$[________________________________] (the "Rent Due").

3.2. This amount represents only unpaid contractual rent. It does NOT include late fees, NSF/returned-check charges, utility reimbursements, attorney fees, or any other charges, except to the extent that the Rental Agreement expressly characterizes such items as additional rent and Landlord elects to demand them as rent.

3.3. Itemization (optional). If Landlord elects to include additional-rent items, they are itemized as follows:

4. DEMAND AND THREE-DAY ELECTION

4.1. Demand. Pursuant to Idaho Code § 6-303(2), Landlord hereby DEMANDS that, within THREE (3) DAYS after service of this Notice upon Tenant, Tenant either:

☐ (a) PAY the Rent Due in full, in lawful money of the United States or other form acceptable under the Rental Agreement; OR

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

4.2. 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 all unpaid rent and damages;
☐ 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.

4.3. Post-judgment removal of belongings. 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 a tract of five (5) acres or more) to remove personal belongings from the Premises after entry of judgment, as required by Idaho Code §§ 6-303 and 6-316.

4.4. Counting the three days. The three-day period begins on the day AFTER service of this Notice. Weekends and legal holidays are counted; however, where the third day falls on a weekend or legal holiday, the period extends to the next business day under the Idaho Rules of Civil Procedure.

5. MANNER AND PLACE OF PAYMENT

5.1. Payment of the Rent Due may be tendered as follows:

5.2. Personal checks. Landlord [will / will not] accept a personal check in cure of the Rent Due.

5.3. Partial payment. Acceptance of a partial payment does not, by itself, waive Landlord's right to proceed under this Notice unless Landlord so agrees in a signed writing.

6. RESERVATION OF RIGHTS AND ACCEPTANCE DISCLAIMER

6.1. 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.

6.2. Acceptance of any sum less than the full Rent Due, or acceptance of rent for any period 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.

6.3. Nothing in this Notice constitutes a waiver of any other rent, damages, or other amounts that may become due or be discovered after the date hereof.

7. TENANT'S STATUTORY RIGHTS AND DEFENSES

7.1. Right to cure by payment. Tenant may avoid eviction by paying the full Rent Due within three (3) days of service.

7.2. Right to contest. Tenant has the right to contest this Notice and any subsequent unlawful detainer action by appearing and filing a written answer. Idaho is among the most landlord-friendly states; nonetheless, defective notice, prior payment, accord and satisfaction, 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 are recognized defenses.

7.3. 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 to the tenant for actual damages, treble damages under Idaho Code § 6-317, attorney fees, and the statutory cause of action under Idaho Code § 6-320.

7.4. 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 the 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.

7.5. 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 to the landlord and a reasonable opportunity to cure.

7.6. 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. Tenants outside Boise should consult counsel regarding the limited common-law and federal retaliation protections that may apply.

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

8. FAIR HOUSING NOTICE

8.1. This Notice is given for the sole reason of nonpayment of rent 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. SIGNATURE AND VERIFICATION

Date: [__/__/____]

10. 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 Pay Rent 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 location: [________]) AND mailed a true copy by first-class U.S. mail to Tenant at the Premises.

11. IDAHO PRACTICE NOTES

11.1. Forum. Unlawful detainer actions are filed in the Magistrate's Division of the District Court for the county where the Premises are located.

11.2. 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 and served. The complaint and summons must be served on the tenant at least five (5) days before the hearing.

11.3. Tenant's response. In a non-expedited action, the tenant has twenty (20) days to file a written answer. In the expedited track, the tenant typically must appear and answer at the hearing or within the shorter period stated in the summons.

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

11.5. 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.

11.6. Post-judgment removal. A residential tenant has seventy-two (72) hours, and a commercial tenant or tenant of five (5) or more acres has seven (7) days, to remove belongings after entry of judgment (Idaho Code §§ 6-303, 6-316).

11.7. Sealing of records. Idaho Code § 6-303A (effective July 1, 2024) provides for the shielding of certain unlawful detainer records in specified circumstances. Confirm current practice with the local court.

11.8. Local protections. Within the City of Boise, confirm compliance with the Renter Protection Ordinances (effective January 1, 2024), including required notice of tenant rights and responsibilities, source-of-income protections, and the prohibition on retaliation.

11.9. Manufactured / mobile home park tenancies. Use the separate notice and procedures under Idaho Code Title 55, Chapter 20 (Manufactured Home Residency Act); do NOT use this template.

11.10. Statewide context. Idaho has experienced rapid housing-cost growth and a statewide housing shortage. Courts and counsel should be sensitive to the practical consequences of expedited eviction, including the difficulty tenants face securing replacement housing within the statutory removal periods.

12. SOURCES AND REFERENCES

• Idaho State Legislature, Idaho Code Title 6, Chapter 3 (Forcible Entry and Unlawful Detainer) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/
• Idaho State Legislature, Idaho Code § 6-303 (Unlawful Detainer Defined) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-303/
• Idaho State Legislature, Idaho Code § 6-310 (Action for Possession — Complaint — Summons) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-310/
• Idaho State Legislature, Idaho Code § 6-316 (Judgment — Restitution) — https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-316/
• Idaho State Legislature, Idaho Code § 6-320 (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 (Termination of Tenancy at Will) — https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch2/sect55-208/
• Idaho State Legislature, Idaho Code § 67-5909 (Acts Prohibited — Idaho Human Rights Act) — 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 (Eviction / Habitability / Security Deposit) — https://courtselfhelp.idaho.gov/
• Idaho Legal Aid Services, Inc. — https://www.idaholegalaid.org/
• Idaho State Bar, Bartles, Navigating the Idaho Eviction Process: A Guide for Attorneys Representing Landlords — 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 Pay Rent or Quit (Idaho).