Evictions in Idaho

I have some rental properties and while I generally have good tenants periodically there is the occasion where one of them is late on rent.  I think that I am a kind, understanding, and compassionate landlord, but as a matter of business I can not give any slack when it comes to being late on rent.  Here is a letter I give all my tenants when they move in explaining my position:

A Note On Paying Rent

I try to explain my position on late rent payments and I think the tenants appreciate seeing it from my point of view.  My advice to the owner of a rental property is to be 100% firm with rent payments.  I have never had a tenant get behind on rent and then find a way to pay back everything they owe.  If they are late, you need to serve them notice the day they are late and have them move out.  If you decide to take the position of being OK with getting paid last, your chances of receiving money in the future will drop significantly.  Honestly, it is only human nature.  People will deal with the most pressing situations first and save the secondary problems for later.  You need to let your tenants know that rent is their primary responsibility each month.  If they can't afford to pay you on time it is best that they find a place that more fits their budget.  Discussing this with them is  the only fair thing to do.

If rent is not paid, the state of Idaho has some simple methods to have a tenant evicted.  Below is my best explanation of this process.  If you would like to read the official instructions, and I encourage you to double check my work it can be found here.

When I first realize rent is late I will call, visit, or text the tenant and ask if there was a problem.  Some days I contact them the evening of the night rent is due and they can rush a check over and there is no problem.  If I wait until the next morning then rent will be late and I am then stuck with possibly having to charge a good tenant a full late fee simply for their lack of calendar awareness.  If rent is however not delivered or the tenant does not contact me I start the eviction process.  I know it sounds harsh, but really, it will save you much grief over the lifetime of your rental.

Here is the first form you need to fill out:

UD-1 (3-Day Notice to Evict) - This is the paperwork telling the tenant that they have 3 days to either pay or leave.  If they pay in 3 days, there is nothing you can do (or should do in my opinion) to make them leave.  I am not sure if you can include late fees on this form, if you think it is going to end up in court you might include late fees in a side note.  If anyone has a legal opinion let me know.  Print two copies of 3-day notice and place one in an envelope addressed to the tenant and leave one loose.

Next, before you leave the house, you need to fill out, but not date the:

UD-2 (Affidavit of Service of 3-day Notice) - You can actually wait to fill it out until after 3 days have passed and you have not received rent, but if you think receiving rent is a long shot taking it with you will save you a trip out as it needs to be notarized.  This is the form that says that you delivered the 3-day notice.  Also, don't fill it completely out yet as you are not sure yet how the notice will be delivered.  You can put in the date and the tenants name but the other info may change based on how the delivery takes place.


Now you need to hit the road and deliver the envelope to the tenant.  Methods of delivery are:
1) Deliver it to the tenant personally.
2) If you can't find tenant leave the notice with a person of suitable age at the premises and mail a copy to the tenant.
3) If no one is there, post it in an obvious place and mail it.

Once you have done one of the above you need to take the UD-2 affidavit we talked about above to a notary.  You can fill it out before you see the notary, but don't sign it until you are in front of the notary.

Now you need to wait three days and see what happens.  When counting days, you can not count the day the tenant received the notice, and weekends days, or legal holidays.

So three days passed and you are still reading this so I am guessing that the tenant has not paid.  I bet they are also still living there.  If so, you need to fill out the:

UD 1-1 (Complaint for Eviction) - Fill this out using complete legal names and fill in the court info based on the county you are in.  Ada County Idaho is the 4th Judicial District.  Don't worry about a case number as that will be assigned later.  Attach a copy of the lease agreement and write Exhibit A at the bottom of the first page.  Write Exhibit B at the bottom of the first page of the 3-day Eviction Notice and write Exhibit C at the bottom of the notarized Affidavit of Service and attach them to the Complaint.  You will then again have to visit your notary to sign this form under the Verification section.  Once signed and notarized, you need to make copies of everything for you and for each tenant named as a defendant.

Now that you have all that done you need to move on to your next form which is the:

UD 1-2 (Summons for Eviction) - Fill out the court info like you did in the complaint.  Leave the date and time blank, fill in the county and street address for the courthouse where you are filing the action.  Make extra copies for you and for each of the people named as a defendant.

With all this paperwork, go to the window of the Clerk's Office and ask the Clerk to file the Complaint, issue the Summons, and set a hearing date.  Give the Clerk the following:
1) Filing fee in cash or money order (no checks) for $96, you might double check this amount as it might change.
2) Complaint and copies
3) Summons and copies
Be sure that every copy of the Summons has the hearing date filled out (she just gave you that date).

So you have your Complaint and Summons in hand now and need to get them into the hands of the tenants within 5 days (not counting weekends and holidays) before the start of the trial.  Each tenant will need to be personally served and it is something you cannot do yourself.  You will have to hire a professional server or some person over 18 who is not a party to the case.  You will need the:

UD 2-1 (Affidavit of Service of the Complaint and Summons) - You can fill out your name, address, and telephone number as well as the Court Heading, Caption, and Case Number.  The person who serves this will need to fill out the rest of the form and sign it in front of a notary.  You will need to take you UD 2-1 and copy it and file the original UD 2-1 and the original Summons with the court.  This can be done at the trial if you don't have time before.  If you cant get the service done in time you will need to have another Summons issued with a new trial date and serve it.

So it looks like you are going to trial (and you need to go, not a lawyer).  If for some reason the situation clears itself up and you don't need a trial notify the Court Clerk so the court can adjust its schedule.  Call the Court Clerk and also fill out and fax in a Notice of Dismissal.

If still going to court you will need your:

UD 8-1 (Judgement and Order of Eviction) - Leave the dates and signatures blank and do not check boxes as to appearing at trial.  In the blank indicating money list all service fees and filing fees as  they will be awarded to you.   Take this form and postage paid envelopes addressed to you and the defendants with you to court.  If you have not filed them you will also need to take your:
1) Affidavit of Service of the Complaint and Summons
2) The original Summons
3) Two copies of the Judgment and Order of Eviction (more copies if more defendants)
4) Postage paid envelopes for each defendant

At the trial you must establish:
1) A Complaint and Summons were served on the Defendant.
2) You, the Plaintiff, are the owner of the rental property described in the Complaint.
3) There was an agreement with the Defendant for the rental of that property.
4) The Defendant failed to pay rent in accordance with the agreement.
5) A three-day notice to pay rent or vacate the premises was served on the Defendant at least 4 days before you filed your Complaint.
6) The Defendant did not either paid the rent or vacate the premises in the allotted time.

If the Judge rules in your favor the judge will sign the Judgement and Order of Eviction.  Take those to the Court Clerk's office and the Clerk will make conformed copies.

The last step is having the Sheriff Evict the Tenants.  Complete the:

UD 10-1 Writ of Restitution of Premises - Leave the date and signature lines blank.  Make 2 more copies.  Take the original and copies to the clerk with some cash for the filing fees ($2?) and ask for the deputy clerk to issue it.  Take the original and a copy to the Sheriff for delivery to the tenant.  The Sheriff will give you options as to what to do if the tenant needs to be forcibly removed.

There, wasn't that easy?