Idaho 3- and 6-Day Notices to Pay Rent or Quit Premises

Last Updated: March 17, 2023.

About this Form Set
This document set contains legally compliant 3-day and 6-day notice forms designed to notify the tenant of the landlord's intention to terminate the lease if the tenant fails to pay the outstanding rent in full. A set of instructions is also included.

These documents have been professionally crafted to adhere to the requirements of the Idaho Code and the Idaho Rules of Civil Procedure. The notice serves as the initial step in the eviction process, demanding that the tenant pay the full amount of past due rent within three (3) days or six (6) days, based on the service method employed, or face termination of the lease. The notice forms are provided in a standard Microsoft Word format, allowing for easy modification, and can be instantly downloaded after purchase and reused.

Compliance with Lease Agreement Terms for Notice DeliveryBefore delivering the notice to the tenant, landlords must ensure that the lease agreement terms do not grant the tenant additional rights beyond the minimum requirements set by Idaho law. The lease agreement may specify additional requirements for the landlord’s delivery of notice of nonpayment of rent, such as a more extended notice period than the three (3) day or six (6) day minimum periods specified by Idaho law. Landlords should review the relevant lease provisions carefully to ensure compliance with all requirements for providing valid notice to the tenant. Failure to comply with lease terms may result in the notice’s invalidation and delay the eviction process.Essential Elements for the NoticeBefore a landlord can file for eviction, the landlord must provide the tenant with a notice to quit that complies with Idaho Code § 6-303 and the lease agreement. Unless the lease agreement imposes additional requirements, the notice must satisfy the following three (3) requirements:

1. A three (3) days' written notice requiring the payment of the due rent amount or possession of the property. An additional three (3) days are required under Rule 2.2 of the Idaho Rules of Civil Procedure if delivering the notice to the tenant by mail, for a total of six (6) days notice.
2. The notice must state the amount of rent that is due.
3. The notice must inform the tenant that if a court enters judgment against them, they will have seventy-two (72) hours (if a residential tenant) or seven (7) days or longer (if granted by the court) for commercial tenants or tenants with a tract of land five (5) acres or more to remove their belongings from the premises before the landlord may remove and dispose of the property under Idaho Code § 6-316.

Serving the Notice

Under Idaho Code § 6-304, several methods are available to serve a notice to a tenant for nonpayment of rent. These methods ensure the tenant receives the notice promptly and appropriately.

1. Personal delivery. Serve the notice by personally delivering a copy to the tenant.
2. Serving notice to an absent tenant. If the tenant is absent from their place of residence and their usual place of business, both of the following steps are required:
   (a) Leave a copy with a person of suitable age and discretion at either the tenant's residence or their place of business; and
   (b) Send a copy of the notice through the mail, addressed to the tenant at their place of residence.
3. Serving notice when tenant's location is unknown or no suitable person can be found. If the tenant's place of residence and business cannot be ascertained, or a person of suitable age and discretion cannot be found at either location, all of the following steps are required:
   (a) Affix a copy of the notice in a conspicuous place on the property;
   (b) Deliver a copy of the notice to a person residing on the property if such a person can be found; and
   (c) Mail a copy of the notice to the tenant at the address where the property is located.

Incorporating the additional time requirements under Rule 2.2 of the Idaho Rules of Civil Procedure:

When serving the notice by mail (either in method 2 or method 3 above), the landlord must add three (3) days to the specified time within which the tenant may or must act to account for the delivery time, for a total of 6 days. In that event, the landlord must use the 6-day notice form.

Idaho Code § 6-304 also specifies that serving notice to a subtenant can be done using the methods mentioned above.