Idaho: Eviction Notice Requirements

Requirements one by one

Governing law

Idaho does not have a Uniform Residential Landlord and Tenant Act. Its
eviction-notice rules live in the general forcible-entry-and-unlawful-detainer
statutes, Idaho Code Title 6, chapter 3. Section 6-303 defines every ground for an
unlawful detainer and the notice each requires; § 6-304 says how to serve the
notice; § 6-310 is the expedited court action. The one no-fault termination — ending
a month-to-month tenancy — is in a different title, Idaho Code § 55-208. Idaho has
no statewide just-cause requirement.

Notice for unpaid rent

After a rent default, the landlord serves a written notice "requiring its payment,
stating the amount which is due, or possession of the property" (§ 6-303(2)). That
is a 3-day notice, and paying the amount due within three days stops the
eviction. Idaho adds a content requirement most states don't: the notice must warn
that, if the landlord wins a judgment, a residential tenant gets 72 hours to remove
belongings. Leaving that language out makes the notice defective — the landlord has
to re-serve and restart the three days, even if a case is already filed.

Notice for a lease violation

For a breach of any lease covenant other than rent — an unauthorized pet, an
unpermitted sublet, a fixable nuisance — the landlord serves a 3-day notice
"requiring the performance of such conditions or covenants, or the possession of
the property" (§ 6-303(3)). Within those three days the tenant "may perform the
conditions or covenants of the lease, or pay the stipulated rent... and thereby
save the lease from forfeiture." The statute carves out one exception: if the
violated covenant "cannot afterward be performed," the breach is incurable and no
cure notice is required.

Unconditional quit (no cure allowed)

Two situations skip the cure step. First, "assigning or subletting, or committing
waste upon, the demised premises contrary to the covenants of [the] lease" is
treated as automatically terminating the lease, and the landlord is entitled to
possession "upon service of three (3) days' notice to quit" (§ 6-303(4)) — no
chance to cure. Second, "the unlawful delivery, production or use of a controlled
substance on the premises" is its own unlawful-detainer ground (§ 6-303(5)).
Because that conduct cannot be undone, it falls within the § 6-303(3)
incurable-breach proviso and is served as a 3-day notice to quit with no cure. In
each case, the "3 days" is the notice period, not a window to fix anything.

Ending a month-to-month tenancy

To end a month-to-month tenancy (a "tenancy at will") for no fault, the landlord
gives written notice "to remove from the premises within a period of not less than
one (1) month" (§ 55-208(1)). Idaho phrases this as one month, not a fixed
30-day count — so the deadline is the month named in the notice. A tenant can end
the tenancy the same way, with at least one month's written notice (§ 55-208(2)).

How the notice must be served

Section 6-304 sets a three-tier service ladder. First choice: hand the notice to
the tenant personally. If the tenant is away from both home and work, the landlord
may leave a copy with "some person of suitable age and discretion" at either place
and mail a copy. Only if neither home nor work can be found, and no suitable person
is there, may the landlord post the notice "in a conspicuous place on the property,"
deliver a copy to anyone residing there, and mail a copy. Posting is the last
resort, not a first option — and for a nonpayment notice, the amount due and the
72-hour warning must be on it.

Tenant's right to cure/reinstate

Paying the amount due, or performing the breached covenant, within the three days
"save[s] the lease from forfeiture" (§ 6-303(2)-(3)). There is no cure right for
waste or an unauthorized sublet (§ 6-303(4)) or for drug activity (§ 6-303(5)).
Idaho is unusual in what its eviction statutes leave out: there is no written
retaliation bar and no just-cause requirement in the code. Idaho courts have,
however, recognized a common-law retaliatory-eviction defense — for example, where
a landlord moves to evict because the tenant asked for repairs, reported a code
violation, or joined a tenants' association. And self-help is illegal everywhere in
Idaho: a landlord cannot change the locks or shut off utilities; only a court may
order an eviction.

What trips people up

The rent notice has to spell out the 72-hour warning. Section 6-303(2) requires
the nonpayment notice to state the amount due AND warn that a residential tenant
gets 72 hours after judgment to remove belongings. A notice missing that language is
defective, and the landlord must re-serve and restart the three days.

Everything for cause is a 3-day notice — but only some let you cure. Nonpayment
and ordinary lease breaches give you three days to pay or fix the problem
(§ 6-303(2)-(3)). Waste, an unauthorized sublet, or drug activity give you three
days to leave with no cure (§ 6-303(4)-(5)). Read which kind you received.

"One month" is not always 30 days. The no-cause notice runs "not less than one
month" (§ 55-208), tied to the month named in the notice, not a flat 30-day count.
Count to the date stated, and make sure it is at least a full month out.

Idaho has no eviction-statute retaliation rule — but retaliation is still a
defense. Don't assume the absence of a statute means a landlord can evict you for
complaining. Idaho courts recognize retaliatory eviction as a defense; you may need
to raise it in the case rather than point to a code section.

Common questions

How many days do I get to pay before an Idaho landlord can evict me for late
rent? Three days after the written notice (§ 6-303(2)). Pay the full amount due
within those three days and the eviction is stopped.

My landlord gave me a 3-day notice about a lease violation — can I fix it?
Usually yes. For an ordinary covenant breach you have three days to perform and
"save the lease from forfeiture" (§ 6-303(3)). Only an incurable problem — waste,
an unauthorized sublet, or drug activity — comes with no cure.

I'm month-to-month and my landlord just wants me out — how much warning do I
get? Written notice of at least one month (§ 55-208(1)). Idaho has no just-cause
law, so no reason is required, but the full month must be given.

Can my landlord evict me for reporting bad conditions? Idaho's eviction
statutes don't spell out a retaliation rule, but Idaho courts recognize retaliatory
eviction as a defense. If a landlord moves to evict you soon after you requested
repairs or reported a code violation, that history can be raised in the eviction
case.

Statutes and sources

• Idaho Code § 6-303(2) — 3-day notice to pay rent or quit; required amount-due and 72-hour language.
  https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-303/ (accessed 2026-07-10)
• Idaho Code § 6-303(3) — 3-day notice to perform a lease covenant or quit; cure right; incurable-breach proviso.
  https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-303/ (accessed 2026-07-10)
• Idaho Code § 6-303(4)-(5) — 3-day notice to quit for waste/assignment; drug activity as an unlawful-detainer ground.
  https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-303/ (accessed 2026-07-10)
• Idaho Code § 6-304 — service methods (personal; substituted with mailing; post-and-mail as last resort).
  https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch3/sect6-304/ (accessed 2026-07-10)
• Idaho Code § 55-208 — ending a month-to-month tenancy (tenancy at will) on not less than one month's written notice.
  https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch2/sect55-208/ (accessed 2026-07-10)