By Lane V. Erickson, Attorney
Landlords in Idaho are restricted by specific statutes on their ability to remove their tenants from a rented property. The reason for this is that Idaho lawmakers find it important for individuals to have shelter that cannot be taken away from them easily or quickly. For this reason, Idaho lawmakers have specifically designed statutes that require an eviction notice to be provided to a tenant before they can be evicted or removed from the property. Here are three things you should know about eviction notices.
1. An Eviction Notice Must be in Writing
Universally and without exception Idaho law requires that all eviction notices be in writing. In many other instances the law allows electronic writings, such as text messages or emails to be sufficient enough to satisfy legal requirements. However, when it comes to evictions, this is not true. An eviction notice must be on an actual piece of paper. Additionally, the words on the paper that provide the notice of eviction must be legible to an average, reasonable person. For this reason it is almost always best for the writing to be typed.
2. An Eviction Notice Must Follow the Law and the Contract
In addition to being in writing and eviction notice must specifically follow the law and the contract that exist between the landlord and the tenant. In following the law there are certain specific things that have to be spelled out in a notice of eviction. For instance, the reason for the addiction must be stated in writing on the notice. Additionally, the amount of time that the tenant has to vacate the premises must also be spelled out specifically in writing. The name of the tenant, a description of the premises, and a specific statement about the areas of the contract that have been violated by the tenant must also be included in writing on the notice. This leads us to the third thing that everyone should know about written eviction notices.
3. Not All Eviction Notices are the Same
There are different types of rental relationships that exist and because of this there are different types of eviction notices that must be used. For example, a 3-day eviction notice is allowed when evicting a tenant from a rental property such as a duplex. However, a mobile home park landlord who is renting a lot space upon which the tenant has placed their mobile home has a different time frame. In this instance the laws in Idaho require a 20-day written notice in order to allow the tenant time to remove their mobile home from the lot space.
Eviction notices are only one part of the landlord tenant relationship that a landlord must follow exactly. If you have any questions or concerns about a written eviction notice please contact us so that we can answer your questions.
Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Landlord and Tenant Law and Real Estate attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Landlord and Tenant Law and Real Estate questions and will help you solve your Idaho Landlord and Tenant Law and Real Estate needs.
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