Writ of Restitution in Idaho: The 72 Hours, the Sheriff and Belongings
The last step of an Idaho eviction is the writ of restitution. Here is the 72-hour rule for belongings, when the sheriff acts, what happens to property left behind and why an appeal does not stop it.
What is a writ of restitution in Idaho?
If the court finds for the landlord, judgment is entered for the restitution of the premises and, for rent cases, declares the lease forfeited. The execution is a writ commanding the sheriff to cause the defendant to be forthwith removed from the premises and the plaintiff to have restitution, in the form in Idaho Code 6-316 and 6-311C. The Idaho eviction timeline calculator shows the earliest dates.
How long does the tenant have to remove belongings?
A residential tenant has 72 hours to remove belongings after the court finds for the landlord; a commercial tenant or a tenant with a tract of 5 acres or more has 7 days, or longer if the court allows for good cause (6-316(2)).
When does the sheriff act?
After the time required for the tenant to remove belongings and three days after the finding of the court, the sheriff restores possession to the plaintiff by causing immediate removal of the tenant (6-316(2)). The landlord or its agents may deliver the writ, or provide the sheriff with a copy and ask the sheriff to deliver it. For residential property the judgment may be enforced immediately (6-316(1)).
What happens to belongings left behind?
After that time the landlord or its agents may, subject to any security interests, remove and dispose of all remaining property of the tenant, including a motor vehicle that may be removed under section 49-1806, without further compensation or consideration to the tenant. The court may award the landlord reasonable costs of removing property and restoring the premises on a showing of good cause (6-316(2)).
Can a tenant stop the writ?
An appeal does not stay the proceedings unless the court directs it (6-319), and the tenant must give an additional undertaking for the rental value (6-311D). A tenant who thinks the judgment is wrong should talk to a licensed Idaho attorney or legal aid immediately; the time is very short.
Can a landlord act before the writ?
No. A landlord who changes the locks or removes belongings before the judgment and the time in 6-316 risks treble damages for a forcible or unlawful entry (6-317). See self-help evictions in Idaho.
Example: from the finding to the sheriff
| When | What can happen |
|---|---|
| Day 0 | The court finds for the landlord |
| Day 3 (72 hours) | A residential tenant must have removed belongings |
| Day 3 | The sheriff restores possession by immediate removal |
| After that | The landlord may remove and dispose of remaining property |
Why the 72 hours matter
The 72 hours are the tenant’s time to remove belongings, and the sheriff’s three days run alongside them. Both start with the court’s finding, not with the writ, so a tenant should plan to be out within three days of the trial. A landlord should have the writ ready, because the sheriff acts once the time has passed.
What a tenant can do with the time
Collect belongings and important papers, photograph the unit and its condition, give the landlord your forwarding address in writing for the deposit, ask legal aid or a licensed attorney about an appeal, and keep every paper from the case. A landlord should keep the judgment, the writ and the sheriff’s return.
Where to get help
The district court clerk can explain how a writ is requested and what the sheriff charges, and legal aid can explain an appeal. Bring the judgment and the dates of each paper.
What the landlord should check
Before the sheriff acts, the landlord should confirm the finding date, the 72 hours and the three days, keep the writ in the form of 6-311C and make sure the tenant did not get a stay. It should also list any property left, with photographs, in case a tenant later disputes what was removed.
Frequently asked questions
How long does a tenant have to leave after an eviction judgment in Idaho?
72 hours to remove belongings, and the sheriff acts three days after the court’s finding.
Who removes a tenant?
The sheriff, under a writ of restitution.
What happens to belongings?
After the time allowed, the landlord may remove and dispose of remaining property.
Does an appeal stop the writ?
Not unless the court directs it.
Can the landlord recover removal costs?
The court may award reasonable costs on a showing of good cause.
Official sources
- Idaho Code 6-316: judgment; restitution
- Idaho Code 6-317: treble damages
- Idaho Code Title 6, Chapter 3 (full text)
A local landlord-tenant attorney can review your situation — many offer a free consultation.
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.