Idaho Eviction Notice for Nonpayment of Rent: The 3-Day Notice

By the FigureMyTax Editorial Team · How we calculate

In Idaho a landlord can file for possession for unpaid rent only after a written 3-day notice that states the amount due and warns about the 72 hours to remove belongings. Here is what it says, how it is served and how to count the days.

What is the Idaho notice for unpaid rent?

A tenant who stays after default in the payment of rent, and after a written 3-day notice requiring payment, stating the amount due, or possession has been served, is guilty of unlawful detainer (Idaho Code 6-303(2)). The notice may be served at any time within one year after the rent becomes due. The Idaho eviction notice calculator counts the days.

What else must the notice say?

It must tell the tenant that if a court enters judgment against the tenant, a residential tenant has 72 hours (a commercial tenant or a tenant on 5 or more acres has 7 days or longer if the court allows) to remove belongings before the landlord may remove and dispose of the property under section 6-316 (6-303(2)). For attorney fees to be awarded in a case that needs the 3-day notice, the notice must also advise the tenant that fees will be awarded to the prevailing party (6-324).

How are the 3 days counted?

The day of service is not counted, and the last day is included unless it is a holiday, in which case it is excluded too (73-109). Sundays are holidays and so are the days in 73-108, with a Saturday holiday observed the Friday before and a Sunday holiday the Monday after. A notice served on Wednesday, October 14, 2026 ends on Saturday, October 17, and the landlord can file on Monday, October 19.

How must it be served?

Personally, by delivering a copy to the tenant; or, if the tenant is absent from home and usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant’s residence; or, if no such place or person can be found, by posting a copy in a conspicuous place on the property, delivering a copy to a person there if found and mailing a copy to the property (6-304).

Can the tenant stop the case by paying?

Yes. Paying the rent within the 3 days saves the tenancy. After a judgment, for residential property the judgment may be enforced immediately, so paying before the case is filed is the safest course. Keep proof of payment.

What happens after the 3 days?

The landlord may file a complaint in the district court. The court sets a trial within 12 days of filing. See the Idaho eviction timeline calculator and self-help evictions in Idaho. A federal 30-day notice may apply to a covered dwelling (15 U.S.C. 9058(c)).

A worked example of the 3 days

A notice served on Wednesday, October 14, 2026 ends on Saturday, October 17, because a Saturday is not a holiday under section 73-108, and the landlord can file on Monday, October 19. A notice served on Friday, October 9 has its third day on Monday, October 12, Columbus Day, which is a holiday, so the period ends Tuesday, October 13 and the landlord can file on Wednesday, October 14. The eviction notice calculator does the count for your dates.

What to keep

Keep a copy of the notice, proof of how and when it was served, a ledger of the rent claimed and any proof of payment.

Frequently asked questions

Official sources

• Idaho Code 6-303: unlawful detainer defined
• Idaho Code 6-304: service of notice
• Idaho Code 6-324: attorney fees
• Idaho Code 73-109: computation of time

This is general information, not legal advice. It is based on the cited Idaho statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Idaho attorney.