CARLSTON PROPERTIES
Eviction Turnover
If you do not pay your rent on time you will be given an eviction notice to move. See our rental agreement for our eviction notice and late fee.
STEP 1: NOTICE IS POSTED
We will evict a tenant for not paying rent on time, non payment of rent, illegal drug activities, or other reasons listed in our rental agreement.
Nonpayment of Rent: Once rent is past due, we will give you a notice with the option to pay rent in 3 days in order to avoid eviction.
Violation of Lease Terms / Rental Agreement: If a tenant violates a provision of the rental agreement, we will give the tenant an opportunity to correct the issue within 3 days before moving forward with the eviction process.
No Lease / End of Lease Term: If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
Illegal Activity: If a tenant is engaged in illegal activity, we will give a notice to move in writing before proceeding with the eviction process.
Eviction Process for Nonpayment of Rent
A landlord is allied to evict a tenant for failing to pay rent on time. According to Idaho law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement.
Once rent is past due, the landlord must provide tenants with a 3-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 3 days in order to avoid eviction. If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
Eviction Process for Violation of Lease Terms / Rental Agreement
A tenant can be evicted in Idaho if they do not uphold their responsibilities under the terms of a written lease/rental agreement.
Idaho landlords must provide tenants with a 3-Day Notice to Comply, giving tenants 3 days to correct the issue in order to avoid eviction.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, having a pet when there’s a no-pet policy, and subleasing the rental unit if the lease/rental agreement prohibits it.
For lease violations that can’t be corrected by the tenant, the landlord only needs to provide a 3-Day Notice to Quit.
Note that illegal activity is not included in this category. If the tenant fails to correct the issue by the deadline/remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for No Lease / End of Lease
In the state of Idaho, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
Regardless of the length or type of tenancy, landlords must give tenants 30 days’ written notice prior to beginning eviction proceedings.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction Process for Illegal Activity
Tenants of a rental unit who are involved in illegal drug activity must be given 3 days’ written notice before the landlord can proceed with an eviction action.
Illegal drug activity includes:
Unlawful delivery of a controlled substance.
Production of a controlled substance.
Use of a controlled substance.
STEP 2: COMPLAINT IS FILED AND SERVED
The second step in the eviction process, Idaho must file a complaint in the appropriate court. The summons and complaint must be served on the tenant by anyone over the age of 18.
Give a copy to the tenant in person.
Leaving a copy with anyone over the age of 18 who lives at the rental unit.
Publishing a copy in the local newspaper and mailing a copy to the tenant.
Notes: Nonpayment of Rent/Illegal Drug Activity. For tenants who are being evicted for failure to pay rent or because of illegal drug activity, the summons and complaint must be served at least 5 days prior to the hearing.
Squatters. For eviction actions against squatters, the summons and complaint must be served at least 24 hours before the hearing.
Idaho state law doesn’t indicate how quickly the summons must be served for all other eviction types.
STEP 2: COMPLAINT IS FILED AND SERVED
The type of eviction hearing determines when the hearing will be held.
For nonpayment of rent and illegal drug activity evictions, the hearing must be held within 12 days of the date the complaint was filed. (…the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and notice of trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court). ID Code §6-310 (2019)
When the eviction is to remove squatters, the hearing must be held within 72 hours of the date the complaint was filed. (…the court shall schedule a trial within seventy-two (72) hours from the filing of the complaint, excluding weekends and official holidays. The service of the summons, complaint and notice of trial setting on the defendant shall be not less than twenty-four (24) hours before the time of trial appointed by the court). ID Code §6-310 (2019)
For nonpayment of rent and illegal drug activity evictions, tenants may request a 2-day continuance. (…the nonpayment of rent or if…any person, is or has been, engaged in the unlawful delivery, production, or use of a controlled substance…or if the person is in possession of the property and is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code, no continuance shall be granted for a longer period than two (2) dayS) ID Code §6-311 (2019)
Notes: Formal Answer. For all evictions other than nonpayment of rent, removal of squatters, and illegal drug activity, a written answer is required in order for tenants to attend the eviction hearing. The written answer must be filed within 21 days of receiving the summons.
If tenants in these eviction cases fail to file a written answer within 21 days of the date they received the summons, the judicial officer may issue a default judgment in favor of the landlord.
Evictions for reasons other than nonpayment of rent, removal of squatters, or illegal drug activity may be scheduled according to the small claims hearing schedule, which cannot occur until the deadline to file the written answer has passed.
If the tenant fails to appear for the hearing, regardless of the eviction type, it will not be continued, and the judge will issue a default judgment in favor of the landlord.
If the judge rules in favor of the landlord, either through a default judgment or at an eviction hearing, a writ of restitution will be issued and the eviction process will continue.
STEP 4: WRIT OF RESTITUTION IS ISSUED
The writ of restitution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before the sheriff or constable returns to the property to forcibly remove the tenant.
If the court has ruled in the landlord’s favor, the court will issue a writ of restitution, which can be done immediately at the hearing, except for nonpayment of rent evictions.
For nonpayment of rent evictions, the writ of restitution will be issued 5 days after the date the judgment was issued in favor of the landlord.For nonpayment of rent evictions, the writ of restitution will be issued 5 days after the date the judgment was issued in favor of the landlord. (…When the proceeding is for an unlawful detainer after default in payment of rent…and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration of five (5) days after the entry of the judgment…In all other cases the judgment may be enforced immediately). ID Code §6-316 (2019)
STEP 5: POSSESSION OF PROPERTY IS RETURNED
Once the writ is delivered to the sheriff or constable, tenants may be forced to move out immediately and may not be given any further grace periods.
Immediately. Once the writ has been delivered to law enforcement officials, tenants do not have additional time to move out and can be forced to leave the rental unit immediately.
Idaho Eviction Process Timeline
Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Idaho. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.
Initial Notice Period – between 3 and 30 days, depending on the notice type and reason for eviction.
Issuance/Service of Summons and Complaint – 24 hours to 5 days (or longer), depending on the reason for the eviction.
Court Hearing and Ruling on the Eviction – 72 hours to 21 days (or more), depending on the reason for the eviction and if the tenant requests a continuance.
Issuance of Writ of Restitution – A few hours to 5 days after the judgment is issued in favor of the landlord, depending on the eviction type.
Return of Possession – Immediately.
Flowchart of Idaho Eviction Process
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