If you own rental property in different states, you've obviously had to stay on top of any eviction laws that sometimes change. While all states have individual legal grounds for evictions, some are roughly the same. A few states in the NW region of the U.S. are fairly similar, with examples including both Washington State and Idaho.
Those of you renting in Idaho should still see what's different from Washington if you have properties in both states. You'll find a few variances that could throw you off legally without reading up.
Sending a Notice About Delinquent Rent
One consistent thing about many eviction laws in the NW is being able to legally send a three-day notice about reneged or late rent. While you should set up an early agreement about when you expect rent, you have a legal right in Idaho to send a notice if the rent's just a day late. Yes, you heard that right – you can send a notice to your tenant if the rent is only one (1) day late.
These three-day notices are just a first step in possibly evicting the tenant. It doesn't necessarily mean you will based on if they pay the rent within those three days. In a case where the tenant vacates after three days, they'd still owe you rent. Not paying it could lead to further legal battles.
What to Include in Your Three-Day Notice
Specifics are always important with three-day notices. As in nearby states, Idaho requires you to indicate the full names of the tenants, address of the property, the amount of rent due, and the county where the property is. Keep in mind these forms are only focused on rent issues alone. If you're evicting for other reasons, you'll need to talk with an attorney.
It's possible to fill out these notices through an online interactive form. Look at Idaho Legal Aid Services' FAQ for answers to how this works. Or you could use VerticalRent as a starting point for your Idaho eviction notice.
Going to Court to Start the Eviction Process
You'll have to go through an Idaho district court of your county if the tenant does nothing after your three-day warning. Idaho law calls this a forcible entry and unlawful detainer suit to make this successful.
By filing a complaint or summons, you'll explain to the judge why you're proceeding with an eviction. As in Washington State, the judge in your district court may call up a trial with the tenant present. The judge makes the final call. Later, your local sheriff ultimately evicts the tenant if you win your case. As always, don't try to force your tenant out on your own by changing locks or turning off utilities. Tenants have legal recourse to sue you if you take these actions.
Keep reading us at VerticalRent as we explore different eviction laws nationwide.
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