Idaho 30-Day Notice to Terminate Tenancy (No Cause)

30-DAY NOTICE TO TERMINATE TENANCY (NO CAUSE) — STATE OF IDAHO

TABLE OF CONTENTS

1. Caption and Identification
2. Tenancy and Premises
3. Statutory Basis
4. Notice of Termination
5. Surrender Procedures
6. Security Deposit
7. Tenant's Rights and Defenses
8. Fair Housing and Anti-Retaliation Notice
9. Reservation of Rights
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. Type of tenancy:

☐ Month-to-month tenancy.
☐ Other periodic tenancy: [________].
☐ Tenancy at will.
☐ Hold-over tenancy following expiration of fixed-term lease on [__/__/____].

2.4. Rent. Rent is $[________] per [month / week], due on the [___] day of each rental period.

3. STATUTORY BASIS

3.1. This Notice is given pursuant to Idaho Code § 55-208, which permits a tenancy at will (including a month-to-month tenancy) to be terminated by the landlord by giving the tenant written notice to remove from the premises within a period of not less than one (1) month, to be specified in the notice.

3.2. Idaho law does not require "good cause" for termination of a month-to-month tenancy under § 55-208. This Notice is given without specification of cause.

3.3. For mobile/manufactured home park tenancies (do NOT use this notice — separate procedure): Idaho Code Title 55, Chapter 20 (Manufactured Home Residency Act) governs and requires a longer notice (typically ninety (90) days) for landlord-initiated termination. If the Premises consist of a manufactured-home space within a park, this Notice is INAPPLICABLE.

4. NOTICE OF TERMINATION

4.1. Termination. Landlord hereby TERMINATES the tenancy described above effective at 11:59 PM on [__/__/____] (the "Termination Date"). The Termination Date is at least thirty (30) days after the date of service of this Notice.

4.2. Demand for possession. On or before the Termination Date, Tenant shall vacate the Premises and deliver up possession of the Premises to Landlord, including delivery of all keys, garage door openers, mail keys, parking permits, and other access devices.

4.3. Hold-over. If Tenant fails to vacate by the Termination Date, Tenant will be holding over without right and Landlord will commence an action for unlawful detainer under Idaho Code § 6-303(1) and § 6-310 seeking, among other remedies:

☐ Restitution of the Premises (eviction);
☐ Damages for hold-over use and occupancy;
☐ 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.

4.4. 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.

5. SURRENDER PROCEDURES

5.1. Move-out inspection. Landlord [offers / does not offer] a pre-move-out walk-through inspection. To schedule, contact:

5.2. Condition. Tenant shall return the Premises in the condition required by the Rental Agreement and applicable law, ordinary wear and tear excepted.

5.3. Forwarding address. Tenant should provide a written forwarding address for the return of the security deposit and itemized accounting under Idaho Code § 6-321.

5.4. Utilities. Tenant shall transfer or terminate utility accounts in Tenant's name effective the Termination Date.

5.5. Personal property. Tenant shall remove all personal property by the Termination Date. Property left behind will be handled in accordance with the Rental Agreement and applicable Idaho law; Tenant should not rely on any informal storage arrangement absent a signed written agreement.

6. SECURITY DEPOSIT

6.1. Statutory deadline. Idaho Code § 6-321 requires Landlord to refund any security deposit, less an itemized written accounting of any deductions, within twenty-one (21) days after surrender of the Premises (or such longer period stated in the Rental Agreement, not to exceed thirty (30) days).

6.2. Deductions. Landlord may deduct only amounts necessary to:

• cure breaches of the Rental Agreement;
• repair damages caused by Tenant beyond ordinary wear and tear; and
• cover unpaid rent and other amounts owed under the Rental Agreement.

6.3. Failure to comply. If Landlord fails to return the deposit and provide an itemized accounting within the statutory period, Idaho Code § 6-321 forfeits Landlord's right to retain any portion of the deposit and entitles Tenant to recover statutory damages and reasonable attorney fees.

7. TENANT'S RIGHTS AND DEFENSES

7.1. Right to challenge. Tenant has the right to challenge this Notice and any subsequent unlawful detainer action by appearing and filing a written answer.

7.2. Recognized challenges to a no-cause termination include:

• Defective notice: the Notice fails to meet the form, content, or service requirements of Idaho Code § 55-208 or applicable local ordinance.
• Discrimination: the termination is motivated, in whole or in part, by 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 other class protected by federal, state, or local law.
• Retaliation: in jurisdictions where retaliation is prohibited, including the City of Boise (effective January 1, 2024), termination motivated by Tenant's protected activity (repair requests, code complaints, hiring an attorney, joining a tenant association) is unlawful.
• Improper purpose: the termination violates an applicable just-cause ordinance, source-of-income ordinance, or other municipal protection.
• HUD or other federal subsidy: federal good-cause rules may apply notwithstanding state law.

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 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. 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.

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

8. FAIR HOUSING AND ANTI-RETALIATION NOTICE

8.1. This Notice is not given in retaliation for, and is not based on, any tenant's:

• request for repairs or maintenance;
• report or complaint to a building, housing, health, or code enforcement agency;
• exercise of any other right protected by law or by the Rental Agreement;
• 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 federal, state, or local law;
• lawful, verifiable source of income (in jurisdictions where source of income is a protected class, including the City of Boise).

8.2. Reasonable accommodation. A tenant with a disability may be entitled to a reasonable accommodation. Tenant should contact Landlord in writing if a reasonable accommodation is requested.

9. RESERVATION OF RIGHTS

9.1. 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 § 55-208, the Idaho Rules of Civil Procedure, and applicable common law.

9.2. Acceptance of any rent or other payment after the date of this Notice for periods on or before the Termination Date shall not be deemed a waiver of this Notice. Acceptance of rent for any period after the Termination Date may, depending on the circumstances, create a new periodic tenancy; Landlord does not intend to create such a tenancy.

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 30-Day Notice to Terminate Tenancy 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.

☐ (d) Certified mail. Mailed a true copy by certified mail, return receipt requested, to Tenant at the Premises (and at any forwarding address provided), tracking number [________].

12. IDAHO PRACTICE NOTES

12.1. Counting the 30 days. Best practice is to count thirty (30) full calendar days from the day after service, expiring at the end of a rental period. § 55-208 requires "not less than one (1) month."

12.2. Forum on hold-over. Magistrate's Division of the District Court for the county where the Premises are located.

12.3. Track. A no-cause hold-over action is generally NOT eligible for the expedited 5-12 day track under Idaho Code § 6-310, which is reserved for nonpayment-of-rent and controlled-substance claims. Plan for the regular civil track and the 20-day answer period.

12.4. Acceptance of rent. Acceptance of rent for a period after the Termination Date may, depending on circumstances and the parties' intent, restart the periodic tenancy. To preserve the termination, decline rent for any period after the Termination Date and document the refusal in writing.

12.5. Local protections. Within the City of Boise, confirm compliance with the Renter Protection Ordinances (effective January 1, 2024), including the prohibition on retaliation, the source-of-income protection, and the SOGI protection. Cities and counties elsewhere in Idaho should be checked for newer ordinances.

12.6. Manufactured / mobile home park tenancies. Use Idaho Code Title 55, Chapter 20 (Manufactured Home Residency Act); a longer notice (typically 90 days) is required.

12.7. HUD-subsidized tenancies. Federal good-cause rules apply notwithstanding state law; this template is not appropriate for those tenancies without revision.

12.8. Statewide context. Idaho has experienced rapid housing-cost growth and a statewide housing shortage. Consider offering tenants a longer notice period than the statutory minimum where appropriate.

13. SOURCES AND REFERENCES

• 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 § 55-307 — https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch3/sect55-307/
• Idaho State Legislature, Idaho Code Title 55, Chapter 20 (Manufactured Home Residency Act) — https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch20/
• 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 § 6-320 — 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/
• 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 — 30-Day No-Cause Termination Notice (Idaho).