Idaho rent notice

Idaho three-day rent notice: Bannock County guide

A demand under Idaho Code section 6-303(2) gives a tenant an opportunity to pay the stated rent or surrender possession before an unlawful detainer action. It is not a judgment or an order authorizing removal. The steps below explain this form's limited use, the required notice provisions and the separate process for delivery and court proceedings.

1. Check the property, tenancy and lease first

This form supports a lawful, ordinary whole-home residential rental in unincorporated Bannock County, outside incorporated cities, city impact areas, Fort Hall Reservation and other tribal land. A Pocatello mailing address does not establish that the property is outside city limits. Verify the parcel and boundaries with the county; do not rely on the ZIP code alone.

Farms, mobile-home lots, transient lodging, shared homes, accessory units, master-planned communities and disputed occupancy or code-compliance cases need separate review. These are limits of this form, not a statement that Idaho law prohibits notices in those situations. Check the lease for grace periods, additional delivery steps and longer notice periods. Housing assistance, covered loans, uncertain program coverage, prior notices, disputes or special protections also require a different review. The online form accepts a new notice dated today in Idaho, through December 31, 2026; it does not calculate a filing date.

2. State the actual overdue rent and its due dates

Idaho Code section 6-303(2) requires a written demand stating the amount due and demanding payment or possession. The attached statement identifies each rent due date and amount. Compare it with the lease, payment records and any applicable grace period. Do not put late fees, utilities, damages, legal fees or other charges into a line labeled rent.

The statute permits service within one year after rent becomes due. That condition matters on the actual service date, not just the date you prepare the notice. This form is limited to undisputed, unpaid rent without payments or credits. If money has been received, a credit is claimed, or payment arrives after preparation, reconcile the account and review the notice before proceeding. The form's exclusion of those cases does not mean payments may be ignored. Identify each tenant and any subtenant actually occupying the premises; section 6-303(2) expressly addresses service on an occupying subtenant.

3. Count from actual service, not from preparation

The demand gives three days after service. A saved draft, signature date, download or planned delivery is not proof of service. Under section 73-109, exclude the first day and include the last, unless the last is a holiday, in which case it is excluded. Section 73-108 includes Sundays, listed holidays and qualifying presidential or gubernatorial appointments, with rules for observed holidays.

Do not automatically replace this with three business days or exactly 72 hours. A Saturday is not excluded merely because it is Saturday, although it may be an observed legal holiday. Verify the applicable calendar and any controlling requirements before deciding when a case may be filed. This form intentionally states the period relative to actual service and leaves any calendar deadline uncalculated. Rules governing deadlines in an already-filed court case are a separate question.

4. Personally deliver the complete notice and keep the facts

This form uses personal delivery under section 6-304(1). Personally give a copy of the notice and its rent statement to each tenant and each occupying subtenant who must be served. Record who delivered it, the recipient, actual date, time and place. Complete a separate delivery record for each actual delivery; do not sign a record of an event that has not happened.

Section 6-304 also provides conditional alternatives. When the tenant is absent from both the residence and usual place of business, it describes leaving a copy with a suitable person at either location and mailing a copy to the residence. Its posting alternative has further conditions, includes delivery to a resident if one can be found, and also requires mailing to the property. Posting alone is not the procedure described there. Those alternatives are outside this form's supported workflow; review the statutory conditions before choosing one.

The factual record included here does not replace any affidavit or proof required when filing a case. The Idaho courts' housing forms provide an affidavit of service of the three-day notice. An email, text, download or sharing menu does not establish personal delivery.

5. Understand the warnings and attorney-fee provision

Section 6-303(2) requires notice of the post-judgment periods for removing belongings: 72 hours for a residential tenant, and seven days or a longer period granted by the court for commercial tenants or tenants with a tract of at least five acres. Both warnings appear in the notice. The second warning does not expand this residential form's supported property types.

Those warnings concern a court judgment and refer to section 6-316. They do not authorize the landlord to remove belongings when the three-day demand expires. Under section 6-324, the prevailing party is entitled to attorney fees except where treble damages are awarded, and the three-day notice must advise the tenant of the prevailing-party fee provision for that award. The clause is not an automatic award to the landlord and is not a fee added to the rent balance.

6. Choose a signing method without changing delivery

You may download and sign the printed notice by hand. The optional electronic-signature feature is for a notice for which the landlord and every named tenant have agreed to electronic records and signatures, with no conflicting signing requirement. Section 28-50-105 makes agreement relevant to the particular transaction; agreement in an unrelated transaction is not blanket consent. Section 28-50-107 addresses legal recognition of electronic records and signatures within the Act's scope.

Section 28-50-108 preserves specified delivery and posting requirements under other law and addresses the recipient's ability to retain records. An electronic signature does not turn email or text into personal service. Print the signed notice and statement for the supported personal-delivery method. If agreement or the applicable requirements are uncertain, use the hand-signing option and obtain case-specific guidance.

7. Keep notice service separate from a court case

If the required period has expired and the matter is unresolved, review the rent, service, lease and any tenant defenses before filing. The court's eviction-for-nonpayment sequence separates delivery of the three-day notice, filing a complaint and summons, service of court documents, and the hearing or default process. Serving the notice does not serve a later summons. Use the current court forms and instructions for those later steps.

The tenant may dispute the amount, service or legal basis for possession. A prepared notice does not decide repair, habitability, payment or other defenses. Do not treat it as authority to change locks, shut off utilities, remove occupants or dispose of property. The Idaho Attorney General's landlord-tenant manual and the court's assistance resources explain rights and the judicial process.

8. Complete and review the printable notice

The blank version contains the demand, rent statement and a separate personal-delivery record. Fill in names, the complete rental address, notice date, rent due dates and amounts, payment instructions and landlord contact details. Make the demand total match the statement, then sign. Leave delivery facts blank until delivery occurs. Keep the completed notice and supporting payment and delivery records.

This is a customized statutory notice, not a court-issued or court-approved form. It retains the substantive warnings required by sections 6-303(2) and 6-324; the court's own three-day form is available through its housing forms page. The guidance is specific to the supported Bannock County situation and does not determine the outcome of an individual case. Sources reviewed October 27, 2026.