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.
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.
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)
- Idaho Code § 6-303 — Unlawful detainer defined
- Idaho Code § 6-310 — Action for possession, complaint, summons
- Idaho Code § 6-316 — Judgment, restitution
- 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.