Eviction Process in Idaho
If you are being evicted in the state of Idaho, you may not know how to proceed. Learning about the eviction process in Idaho can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Idaho and how long each step will take.
If your landlord intends to evict you, the first thing he or she must do is serve you with an eviction notice. If you breached the lease or failed to pay rent, the amount of notice you must be given depends upon whether you have a fixed-term lease or whether you rent month-to-month.
The eviction process in Idaho requires your landlord to give you three days of notice (for a fixed-term lease) or thirty (for a periodic lease). The notice must include the reason you are being evicted and let you know any way to fix the issue before eviction proceedings continue. If you are being evicted for breaching your lease or non-payment of rent, your landlord must give you an opportunity to correct the issue before filing a complaint against you in Idaho courts.
During this part of the eviction process in Idaho, the court is not yet involved. You may still be able to negotiate an agreement with your landlord without the expense and hassle of a court hearing.
Court Filings and Hearings
If you do not pay late rent or cure the breaches to your lease within the specified amount of time, the next step of the eviction process in Idaho is for your landlord to file a complaint and summons with the district court.
A copy of the complaint and summons will be served to you by a process server or your landlord. The complaint will detail why you are being evicted, while the summons will tell you the date of a court hearing to be held to continue the eviction process in Idaho.
In most cases, you will have 20 days to file an answer to the complaint with the district court. However, if you have not paid rent or have been accused of manufacturing or using illegal drugs on the property, an expedited process allows your landlord to regain possession of your residence within 5-12 days.
The eviction process in Idaho does not require that you be present for any eviction hearing, but if you fail to appear, your landlord will win the judgment by default. Consulting with a landlord/tenant lawyer experienced with the eviction process in Idaho can help you understand your legal rights and your likelihood of being able to successfully fight an eviction action.
Order of Eviction
If you lose at the hearing or do not appear, your landlord will immediately be issued with an Order of Eviction. The order will be posted on your property and will inform you that you have only a certain number of days to vacate the property or be forcibly removed by the sheriff.
Only the sheriff can forcibly remove you in the eviction process in Idaho. Your landlord cannot intimidate or threaten you, nor can a landlord change your locks or shut off your utilities to force you to leave.