If you’re a landlord or tenant in Idaho, do you know how the Idaho eviction process works? You should make yourself familiar with it just in case. You never know when you might find yourself in a situation where you need to be aware of how eviction works. All it takes is a bad couple of months or a sudden financial curveball and all of a sudden you need to start eviction proceedings on a tenant in order to make sure you’re making revenue on the property you own.
Being a landlord can be a stressful and draining process, especially if you find yourself in a situation where a potential eviction is involved. Unfortunately, it’s part of the business, and its important to be aware of how to handle things. Otherwise, you could get in trouble or find yourself unable to get rid of a tenant who isn’t paying their rent.
Of course, if you don’t want to deal with evictions or you’re just tired of being a landlord, you can always sell your property as-is for cash to Gem State Cash Offer. We’ll take your troublesome property off your hands and deal with the problem tenants so you don’t have to. But if you want to maintain ownership of your rental property and need to know how to evict a tenant, here’s how the eviction process works in Idaho.
A Guide On Idaho Eviction Process
Quick Notice
Before you get to the eviction process, let’s be clear about the expectations of everyone involved in this agreement. In theory, a tenant has agreed to live in your property while paying monthly rent, generally due on or around the first of the month. In Idaho, if the tenant fails to pay rent on the day it’s due, the landlord is allowed to give the tenant a three-day notice the very next day to either pay monthly rent in full or vacate the premises.
Now it’s important to note that the landlord isn’t required to do this, simply that they have the right. But if the landlord and tenant have a unique agreement between them, that can alter the plan is rent is late. If so, you should always have that new agreement in writing and enter it into the lease.
Giving Notice
If the landlord decides that they do want to move forward with evicting the tenant, they will need to provide some kind of legal justification for doing so. The state of Idaho defines legal justification as failing to pay rent, violating the terms of the lease, or causing serious damage to the apartment or house. In order to move forward with the eviction, the landlord needs to begin by terminating the tenancy and they do this by providing the tenant with written notice of eviction. There are a few different types of notice they can give, depending on the reasons.
If the tenant does not pay rent when due, then the landlord is legally allowed to give them a written three-day notice to pay rent or quit. This lets the tenant know that they have three days to pay the rent due or move out. If they decide not to follow through on either within three days, the landlord can now go to court to file an eviction lawsuit against them.
If the tenant violates the lease terms in some way, the landlord can give them a written three-day notice to perform or quit. This gives the tenant three days to move back into compliance with the lease or move out. If they don’t comply, the landlord can file an eviction lawsuit against them.
If the tenant damages the rental unit or sublets it in violation of the lease terms, then the landlord can give what’s known as a three-day notice to quit. Under this, landlords are not required to give the tenant any kind of timeframe required to make good on the situation. If the tenant does not move out within three days, the landlord can file an eviction lawsuit against them.
Finally, if the tenant has been involved in illegal drugs in the rental unit, the landlord is allowed to terminate the lease immediately. In this situation, no notice is required and the landlord can file an eviction lawsuit against them immediately.
Eviction Without Legal Cause
If the landlord wants a tenant out of their rental unit but can’t meet any of the legal criteria above, then the landlord must honor the terms of the lease agreement and wait until it has ended for the tenant to move out. And sometimes, even in this situation, the landlord needs to provide the tenant with some kind of written notice in order to let them know they must move. If the tenant doesn’t move out at the end of a fixed lease term, then you have the right to file an eviction lawsuit against them.
If you are the landlord of a month-to-month rental and don’t have any legal cause to evict the tenant, you can give 30-day notice for them to leave the premises. The tenant will then need to move out at the end of that 30 day period and if they don’t, the landlord can then file an eviction lawsuit against them.
Tenant’s Rights
It’s important to know as a landlord that while you may have a legal justification to evict a tenant, the tenant may still choose to fight it. If they feel they have a valid argument for why your eviction notice is not legal, they could hire a lawyer and challenge you in court. That will in turn increase the cost of the lawsuit and also give the tenant the chance to remain in the unit until the lawsuit is settled, also at cost to you. So be sure that you’re willing to fight if needed in an eviction battle.
Removing a Tenant
If the landlord goes to court and wins the eviction lawsuit, they now have the legal grounds to remove a tenant from their property. However, the landlord is not allowed to do this personally. The eviction needs to be performed by a law enforcement officer who has a court order with them. If the landlord tries to do this themselves, they open themselves up to a potential lawsuit by the tenant.
The court will let the landlord and the tenant know what date they are setting for the tenant to move out by. If the tenant doesn’t vacate the premises by then, a sheriff will visit the property and remove them. If the tenant has already moved out but left items behind in the rental, the sheriff is allowed to remove those items from the property and store them for the tenant.
Sell Your Property As-Is Instead
As you can see, dealing with tenant evictions sounds like a nightmare. Once you get into eviction discussions and lawsuits, the likelihood that things get messy and even ugly grows exponentially.
If you’d rather not deal with tenant evictions, contact Gem State Cash Offer today. We will buy your property as-is and we will give you cash for it. Then, we’ll deal with the tenants and take care of the messy stuff. Let us make you a no-obligation offer and find out just how much cash you could get for your rental property.