New Notice for Idaho Non-Payment of Rent Evictions
By Mitch Gardner
When a Landlord of rental property has a tenant that fails to pay rent, Idaho law allows the Landlord to pursue eviction by means of an expedited process. These proceedings are governed by the following statutory procedure:
Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint.
Idaho Code § 6-310(2).
Before a Landlord can participate in this expedited eviction proceeding, proper notice must be served on the tenant for payment of the outstanding rent. Prior to July 1, 2020, a Landlord was only required to provide a written three-day notice to the tenant requiring the payment of rent or surrender of the rental property. Now, as of July 1, 2020, a Landlord’s three-day notice requires the following additional information:
A tenant of real property, for a term less than life, is guilty of an unlawful detainer:
Where he continues in possession, in person or by subtenant, without permission of his landlord, or the successor in estate of his landlord, if any there be, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three (3) days’ notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him. Such notice shall also notify the tenant that if a court enters judgment against him, then he will have seventy-two (72) hours, if he is a residential tenant, and seven (7) days, or longer if granted by the court, if he is a commercial tenant or a tenant with a tract of land five acres or more, to remove his belongings from the premises before the landlord may remove and dispose of such property pursuant to section 6-316, Idaho Code.
Idaho Code § 6-303(2).
Although these changes in Idaho’s eviction statutes allows for the tenant to remain on the property for an additional 72-hours as opposed to immediate removal, Landlords have been granted more favorable authority over a tenant’s personal property remaining in the rental property upon the expiration of the 72-hour period. On execution of the Judgment, a Landlord is authorized to remove any goods and chattels that are not removed by the tenant. See Idaho Code § 6-311C. Previously the sheriff was the only party authorized to remove the tenant’s personal property.
Please contact an eviction attorney at Brian Webb Legal today at (208) 331-9393 to discuss the Notice requirements for a tenant failing to pay rent.
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