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The Right to a “Speedy Eviction”

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By Lane V. Erickson, Attorney

Idaho is one of the states that offer a Speedy Eviction option to Idaho landlords under certain circumstances. The Speedy Eviction is a term used by lawyers who help Idaho landlords with evictions. A Speedy Eviction is simply a faster option that can be used by an Idaho landlord to evict individuals.

Idaho offers a few limited reasons when a Speedy Eviction can be used, but the most often is when a tenant fails to pay rent. When a tenant fails to pay the rent, an Idaho landlord is first required by statute to provide a written 3 day notice. Once that is completed then the Idaho landlord can move forward with the Speedy Eviction.

When it is for the non-payment of rent, the 3 Day Notice must contain the name of the tenant, a description of the property being rented, and an accounting of the missed payments, together with any late fees. The notice must then state specifically that the tenant has three days in which to pay the rent or they are required to give possession of the property back to the landlord. The tenant then has three days in which to cure the failure to pay with a full payment of the amount listed in the 3 Day Notice. If the tenant fails to cure the problem by paying all the rent that is due then the landlord can move forward with the Speedy Eviction.

The next step is for the Idaho landlord to file and serve upon the tenant a complaint for a Speedy Eviction. Like the 3 Day Notice, the complaint for the Speedy Eviction must contain the following: the name of the tenant, a description of the property being leased, a statement that the tenant is currently in possession of that property, a statement that all notices required by law have been served upon the tenant, a statement about the amount of money that is due and owing for rent, and a statement that the landlord has a right to proceed with the Speedy Eviction.

Idaho law requires its courts to schedule a Speedy Eviction trial within 5 to 12 days of the Speedy Eviction complaint being filed. The only other requirement is that the Idaho landlord is required to serve the summons and the Speedy Eviction complaint on the tenant at least 5 days before the trial date.

Once these requirements are all met then the Idaho landlord has a right to proceed with the Speedy eviction. If the Idaho landlord is successful in getting a judgment against the tenant, he can also seek a writ of possession or a writ of assistance which will be served by the sheriff upon the tenant and will require them to remove themselves and all their possessions from the leased property.

Speedy Evictions may seem harsh, but to an Idaho landlord they are critical. When a tenant is not paying their rent, the quickest way that an Idaho landlord can stop the hemorrhage of money being lost is to immediately remove the tenant from the property and try to get someone into the property who will pay rent.  

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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