Idaho Code §§ 6-301 to 6-324 § 6-303
UNLAWFUL DETAINER DEFINED.
Operative Text
A tenant of real property, for a term less than life, is guilty of an unlawful detainer: 1. When he continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without the permission of his landlord, or the successor in estate of his landlord, if any there be; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the civil code. 2. Where he continues in possession, in person or by subtenant, without permission of his landlord, or the successor in estate of his landlord, if any there be, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three (3) days’ notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Such notice shall also notify the tenant that if a court enters judgment against him, then he will have seventy-two (72) hours, if he is a residential tenant, and seven (7) days, or longer if granted by the court, if he is a commercial tenant or a tenant with a tract of land five (5) acres or more, to remove his belongings from the premises before the landlord may remove and dispose of such property pursuant to section 6-316, Idaho Code. Such notice may be served at any time within one (1) year after the rent becomes due. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty (60) days after the expiration of his term without any demand of possession or notice to quit by the landlord, or the successor in estate of his landlord, if any there be, he shall be deemed to be holding by permission of the landlord, or the successor in estate of his landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during said year, and such holding over for the period aforesaid shall be taken and construed as a consent on the part of a tenant to hold for another year. 3. Where he continues in possession in person, or by subtenants, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for payment of rent, and three (3) days’ notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Within three (3) days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease, or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture: provided, if the covenants and conditions of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to said lessee or his subtenant demanding the performance of the violated covenant or conditions of the lease. A tenant may take proceedings similar to those prescribed in this chapter, to obtain possession of premises let to an undertenant, in case of his unlawful detention of the premises underlet to him. 4. A tenant or subtenant, assigning or subletting, or committing waste upon, the demised premises contrary to the covenants of his lease, thereby terminates the lease, and the landlord, or his successor in estate, shall, upon service of three (3) days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of such demised premises under the provisions of this chapter. 5. If any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the premises of the leased property during the term for which the premises are let to the tenant. For purposes of this chapter, the terms "delivery," "production," and "controlled substance" shall be defined as set forth in section 37-2701, Idaho Code.
Idaho Code Title 6, Chapter 3, § 6-303 defines the circumstances under which a tenant of real property (for any term less than a lifetime) is considered to be committing an "unlawful detainer" — essentially, remaining on a property without legal right. The five defined situations include: staying past the end of a lease without permission, remaining after failing to pay rent following a written 3-day notice, staying after failing to meet other lease conditions following a written 3-day notice, assigning or subletting in violation of the lease or committing waste, and having controlled-substance activity occur on the premises during the tenancy. Each situation carries specific procedural requirements, such as written notices and defined timeframes, before an unlawful detainer is legally established.
Plain English — not legal advice.
Under § 6-303, operators who need to reclaim possession must follow the notice procedures precisely — for example, a written 3-day notice for nonpayment of rent must state the exact amount owed and must also be served on any subtenant in actual occupation. Landlords should be aware that the notice must inform the tenant of the post-judgment timeline for removing belongings (72 hours for residential tenants, 7 days for commercial tenants or those on tracts of five acres or more). On agricultural properties, operators who allow a holdover tenant to remain more than 60 days without a demand for possession or notice to quit may be deemed to have consented to another full year of tenancy under the existing lease terms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 6-303, tenants have defined windows to cure certain violations before an unlawful detainer is fully established — for instance, within 3 days of receiving a written notice for nonpayment of rent or a lease-condition violation, a tenant, subtenant, or mortgagee of the term may remedy the breach and prevent lease forfeiture. Residential tenants should also be aware that if a court enters judgment against them, they are entitled to at least 72 hours after judgment to remove their belongings before the landlord may dispose of property under § 6-316. Tenants who believe a notice was improperly served, contained incorrect information, or was issued outside the applicable timeframes may wish to consult a tenant-rights organization or legal aid resource to understand how § 6-303's procedural requirements could be raised in any court proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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