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Being Evicted

Idaho Code § 6-303 and Idaho Code § 6-310 — three days' notice to pay, a trial within twelve days, and seventy-two hours to move belongings

Three days' notice to pay. A tenant who stays after defaulting on rent is in unlawful detainer once a written three days' notice has been served demanding the rent, stating the amount due, or possession. The notice also says a residential tenant will have seventy-two hours after a judgment to remove belongings.

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A tenant who breaks another term of the lease is likewise in unlawful detainer after three days' written notice to perform it or give up possession. A tenant at will is first given the notice the civil code requires.

A trial within twelve days. In an action for possession for unpaid rent, the court schedules a trial within twelve days of filing, and the summons, complaint and trial notice are served at least five days before it.

  • Idaho Code § 6-310

If the landlord wins, the judgment restores the premises and may declare the lease forfeited, and a residential tenant has seventy-two hours to remove belongings before the writ is carried out.

The winning side is awarded attorney fees where treble damages are not, and on a rent notice only if the notice said so. A particular eviction is a question for a licensed Idaho attorney or a legal aid office.

Sources for this section (4)
  1. Idaho Code § 6-303 — Unlawful detainer defined
  2. Idaho Code § 6-310 — Action for possession, complaint, summons
  3. Idaho Code § 6-316 — Judgment, restitution
  4. Idaho Code § 6-324 — Attorney fees

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.

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