New Requirements for Landlords in Notices to Pay Rent

Generally, a material term of a lease agreement between a landlord and tenant is the payment of rent. As tenants pay their rent to the landlord, a tenant avoids an eviction for the failure to pay pursuant to the lease agreement. When a tenant fails to pay rent, the landlord is required to serve written notice demanding payment, subject to an action for eviction if payment is not made.

In Idaho, as of July 2020, a landlord is required to make additional disclosures when serving a notice to pay.
Specifically, pursuant to Idaho Code § 6-303(2), a notice to pay “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…to remove his belongings from the premises before the landlord may remove and dispose of such property pursuant to section 6-316, Idaho Code.”

Proceeding with an eviction without proper notice are grounds for dismissal of the action. Landlords must be certain that if a tenant is to be served with a notice to pay rent, the additional notice concerning the time to vacate on a judgment for eviction must be stated.

If you have any questions about the notice to pay requirements, please contact an eviction attorney at Idaho Evictions by calling (208) 331-9393.