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Idaho Falls Eviction Protection: 3 Things You Should Know

System - Tuesday, August 2, 2022
Property Management Blog

A delinquent renter will usually be four months behind on rent and utilities!

When you own a property, at some point, you're going to need to deal with delinquent tenants. One way to reduce the chances of having to deal with a delinquent tenant is to have a thorough screening process in place before getting into a lease or rental agreement with any tenant. 

However, there are times when despite your best efforts, you do experience bad tenants. When this happens, you are going to need to evict them from your property. 

Evicting tenants from your property must be done legally because tenants have eviction protection. Here are some tips for ensuring that you do Idaho evictions legally.

1. Non-Payment of Rent

Before you can evict a tenant in Idaho, you need to have a good reason for the eviction. The most common reason for an eviction is a non-payment of rent. If the rent is one day past due in Idaho, it is late. 

Before you can evict a tenant, you need to give them a 3-day written notice asking them to pay. Once the three days have passed, if payment is not made, then they can evict them. 

2. Lease and Rent Agreement Violations

Another reason why you may want to evict tenants from your property is due to lease violations. If tenants have damaged your rental unit, sublet the unit, smoking areas that have been designated as non-smoking areas, and have pets in the home in a pet-free rental property, then all of this is grounds for eviction. 

A tenant may be given a chance to fix these violations, but if they do not comply, then you can legally evict them from the property when conducting evictions in Idaho.

3. File a Complaint

If the tenant refuses to comply with a written notice asking them to leave the property, you will need to issue a notice to comply before you file a complaint with the court. If the tenant still refuses to leave the property, the next step in the eviction process is to file a complaint with the district court. 

You will need to fill out forms, and there is a fee that you will need to pay for filing the complaint.

Once you have filed the complaint with the court, you need to serve a summons to the tenant. The date and time when a tenant should appear in court must be on the summons. 

The summons should be served directly to the tenant or someone over the age of 18 in the household. Tenants must appear in court 21 days after receiving the summons.

Eviction Protection for Tenants

As you can see, there is eviction protection that you cannot bypass when you want to remove a tenant from the property. You need to make sure that you comply with the law.

You must give a written notice to comply and give the tenant enough time to vacate the property or make the changes that put them in violation of their lease.

Always ensure that you legally serve the summons given by the court as well. Keeping things legal is important, or you risk facing legal consequences.

If you would like help with property management, please do not hesitate to contact us.