Legal FAQs for Renters in Idaho

There are currently no state-level protections for Idaho renters during the emergency period in Idaho.

Landlords may try to sue tenants to evict them. If you are worried about an eviction, reach out as soon as possible to your local legal aid group. The lawyers may be able to help you find protections and services to deal with your eviction.

Earlier Protections

The courts had previously been closed for eviction hearings between March 13, 2020 and May 1, 2020. The Idaho Supreme Court has also encouraged resuming hearings through video conference.

The Idaho Supreme Court has ordered that any landlord who is filing an eviction between May 4 and July 25, 2020 must submit an additional form attesting that the property is not subject to national eviction protections under the CARES Act.

Idaho renters may also have been eligible for the national CDC eviction ban that lasted through August 26, 2021.

Since there are currently no emergency protections in Idaho, then for renters:

• Your landlord can still give you a notice to quit.
• Your landlord can still file an eviction claim against you. They must include a form with their filing, that says your home does not qualify for national protections under the CARES Act.
• Courts may hear an eviction case against you.

• The court can still issue a new order, judgment, or writ of eviction against you.

• Law enforcement can still enforce an existing eviction order against you, to remove you from your home.

Yes, Idaho renters still need to pay rent during the emergency.

You may have been protected from eviction, but now that those protections are over, you may be sued and you still owe all your rent.

If you cannot pay rent, take steps to protect yourself:

• Apply for rental assistance immediately: If you need financial assistance for housing costs like rent or utility bills, you may be able to get help.
• Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction. Get help here for drafting and mailing a letter to your landlord. You can also use this letter-writing tool here.

• Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make, that are signed and dated. If you make a payment plan or rent agreement, make sure to get it in writing.

• Keep proof of COVID-19’s impact on you: Collect documents about your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc.

In many case, you can still be evicted during the emergency.

There are no statewide protections to stop landlords from giving tenants notices to quit, filing eviction lawsuits with the court, or having the eviction orders enforced.

There may be local city or county government protections for Idaho renters. Check with your local government to see if they offer any protections against eviction.

If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.

Some Idaho renters may be protected against utility shutoffs during the emergency. It depends on where you live.

Some companies have said they will not shut off utilities during the emergency.

Renters must still pay their utility bills. If you need financial assistance for utility costs, you may be able to get help.

Landlords are never allowed to shut off a renter's utilities in an attempt to force the renter out. This is illegal. Reach out to a lawyer for help if this happens to you.

Tell your landlord about any repairs needed, particularly if they affect your health and safety.

The emergency may delay your landlord's ability to make repairs, but if they are urgent you should call your landlord to make the repairs as soon as possible.

Emergency repairs could be for problems with:

• Running water or hot water
• Heat
• Stove, refrigerator, or oven
• Electricity
• Bathroom use
• Missing doors, locks, or windows
• Pests

If your landlord doesn't make the repairs promptly, send them a written letter or email about the need for emergency repairs (and keep a copy of this communication).

Reach out for legal help for additional guidance.

You may be able to break your lease if you can come to an agreement with your landlord.

Your lease is still valid despite the emergency period. However, you can talk to your landlord to see if they will agree to let you leave early. If they agree, be sure to get the agreement in writing.

Also, you can review your lease. It may have a part that lets you end the lease early in times of financial difficulty. If your lease has this kind of part, you might be able to break the lease, in some cases penalty-free.

Find legal help to get advice for your situation.

Contact a legal help organization to help defend yourself.

It is illegal for your landlord to evict you without first going to court and getting an eviction order. To remove you from your home, a landlord must file an eviction lawsuit against you, win the case, and get an eviction order from the court.

Legal aid groups might be able to provide you with full representation, or other legal organizations can give you information or brief advice.

Find legal help to protect your rights.

Idaho courts are open and hearing eviction cases. Check for more information for your local courthouse.

Renters in 3 categories have special national protections against being evicted during the Emergency Period of March 27, 2020 to July 24 or 25, 2020. These national protections add onto any state and local protections you have.

Do you fit in any of these 3 categories?

Your home’s owner has a federally backed mortgage loan or other guarantee (like through Freddie Mac or Fannie Mae). Search if your home is covered.

You pay rent through a federal assistance program like the Section 8 Housing Choice Voucher, Rural Development Voucher, or other 'covered housing' program.

You live in Public Housing, where the government is your landlord.

If you are a renter in one of these 3 categories, the federal CARES Act section 4024 gives you these protections. (Remember, these protections add onto any state and local protections you have)

• Your landlord cannot file a new eviction lawsuit against you for not paying your rent during the Emergency Period. They can still evict you for other behavior, like drug abuse, other criminal activities, or other lease violations.
• Your landlord cannot charge you new fees or penalties for not paying your rent during the Emergency Period.
• After the Emergency Period ends, your landlord may not be able to evict you immediately.(Different states interpret the protections ending on July 24 or 25. Check with local lawyers to see about your state). If you have not paid your rent in full during the Emergency Period, your landlord must wait until the period ends before giving you a notice to vacate. For example, they may give you a notice on July 26, and you must be allowed until at least August 25 to leave the property.

For more help on these national protections, reach out for legal and financial help here. Also, use this tool to write a letter to your landlord if you are having issues with rent or eviction.

You do not have to leave your home yet.

In Idaho, your landlord must give you an official notice that they may bring you to court to evict you for not paying your rent (or other reasons). The notice should give you time to either pay your rent or prepare defenses against eviction.

This official notice must follow some rules to be valid. If it doesn't follow these rules, then you can challenge it and stop an eviction.

These are Idaho’s requirements for an eviction notice:

1. The notice must be written down.
2. It must explain why you may be evicted -- whether it is for non-payment of rent, a lease violation, or other reason.
3. The landlord can serve the 3-day eviction notice personally.
4. If the tenant is not present, the landlord can post the notice in a conspicuous place or leave it with a person of suitable age at the premises. In both cases, the landlord must also mail the notice to the tenant.
5. The notice must include the correct amount of rent due.
6. The notice must also include that if you are evicted, you will need to be moved out within 72 hours of the Judge signing the Order evicting you. If your belongings are still in the rental after 72, your landlord may dispose of it.

Reach out for legal help if you think the notice isn't correct, or if you need assistance in defending yourself against the eviction.

Find local legal help in Idaho here.

A verbal conversation doesn't count as an "eviction notice". To be legal, the notice must be written down and given to you in the correct way.

Reach out for legal help if your landlord is trying to make you leave without going through the court process. This is illegal and a lawyer may be able to help you protect yourself.

Find local legal help in Idaho here.

No, you do not have to leave (or 'quit') your home by the date listed on the eviction notice.

You do not have to leave your home until you have been brought to court, a judge has ordered that your landlord can make you leave, and 72 hours have passed since the judge ordered you to leave.

After the date on the eviction notice passes, then your landlord may file an eviction lawsuit in court against you. You will be able to go to court and present defenses to protect yourself.

Your landlord cannot remove you on their own, cannot change nor locks, nor can they turn off your utilities.

Find local legal help in Idaho here.

You still have time to reach out for rental assistance, and stop the eviction from moving forward.

Be sure to let the local group know that you have received an eviction notice and what its deadline is. They may be able to help you pay the rent you owe, or work with your landlord to reduce the amount or put you on a payment plan.

Find local financial help in Idaho here.

In Idaho, you have a minimum of 3 days between your landlord giving you a notice and them filing a lawsuit against you in court to evict you.

The notice should tell you how many days the landlord is giving you. If they are giving you less than 3 days, then you may be able to challenge it as illegal.

The day you received the notice is day zero, with the next day being day one, etc. If the third day falls on a weekend or holiday, you will have until the end of the next business day.

Reach out for legal help if you think the notice isn't giving you the required time to make your payment.

Find local legal help in Idaho here.

You should make sure that the landlord properly 'served' you with the lawsuit. If they didn't give it you in the correct way, you can challenge the eviction lawsuit. In Idaho, a landlord must follow certain rules to let you know about the lawsuit:

1. Only certain people can give you the lawsuit's Summons and Complaint--the landlord cannot serve the summons and complaint. An officer authorized by law to serve process, or any person over the age of 18 who is not an involved party may serve a summons and complaint.
2. The landlord must provide to the court an Affidavit of Service of Summons and Complaint certifying that the summons and complaint was properly served to the tenant as well as a filled out Judgement for Eviction for the judge to sign.

You should also reach out to local lawyers who can help you prepare for your court hearing so you can protect yourself against the eviction.

Find local legal help in Idaho here.

In Idaho, you are required to respond to the eviction lawsuit, if you want to avoid the eviction.

There are two types of eviction cases in Idaho:

1. Expedited. If your landlord is trying to evict you for not paying rent, alleged drug manufacturing, or after a foreclosure, your hearing will be within 12 days of your landlord filing the case. You are not required to fill an answer (though you can) but you must show up to the court hearing. If you do not show up to the hearing and you were served, the Judge will evict you.
2. Non-Expedited. You will have 20 days after you receive the Summons and Complaint to get a written answer back to the court. If you do not submit this response by the 20th day, you may lose your case and the judge may give the landlord permission to remove you from your home.

Reach out to legal help to learn what your rights and defenses are in your eviction case. These organizations can help you deal with this lawsuit.

Find local legal help in Idaho here.

You can come to an agreement, but you should still go to court to make sure your case is closed.

You can work with your landlord to work out an agreement before the date of the court hearing. This might be a payment plan or other agreement on what needs to happen for you to stay in your home.

Be sure to get this agreement in writing, so that you can prove it exists and that your landlord follows through on it.

Also, you should still go to court for your hearing date, to make sure the court knows about the agreement and closes the lawsuit. If you do not go to court, the lawsuit might still continue and the judge might rule that the landlord can remove you. Go to court yourself to make sure this doesn't happen.

You can reach out for legal help to get assistance in negotiating an agreement with your landlord, and making sure this agreement is being followed.

Find local legal help in Idaho here.

If you are behind on rent, you can get help from your local Rental Assistance program. This is a government service to help people who owe rent or utility bills.

Especially if you are behind on rent because of COVID-19 hardships, your local Rental Assistance (or Rent Relief) program can help you.

Find your local Rental Assistance program at your Get Help page here.

Local governments set the rules about who is eligible for rent relief. Most programs focus on people who have suffered COVID-19 hardships.

You can talk to your local Rental Assistance program to learn their eligibility rules.

You may have to show your household income, or if you are on other benefits programs like SNAP.

You may also have to show that you are at risk of homelessness or eviction if you don't get rental assistance.

Check with your local Rental Assistance program to see if you are eligible.

Many local Rental Assistance programs are open to everyone, regardless of immigration status. Many programs do not even ask about immigration status.

Check with your local Rental Assistance program to make sure about eligibility rules and immigration.

Most Rental Assistance programs let landlords apply.

Either a renter or a landlord can start the application.

The landlord will have to fill in as much information they have about the amount of money needed, and the eligibility for the program. The tenant may have to fill in the rest of the information.

Check with your local Rental Assistance program about the steps to follow to apply for rent relief.