Idaho Code §§ 6-301 to 6-324 § 6-310
ACTION FOR POSSESSION — COMPLAINT — SUMMONS.
Operative Text
(1) In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent, or on the grounds that a landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, or in the event the tenant is a tenant at sufferance pursuant to section 45-1506(11), Idaho Code, it is sufficient to state in the complaint: (a) A description of the premises with convenient certainty; (b) That the defendant is in possession of the premises; (c) That the defendant entered upon the premises, holds the premises, and is in default of the payment of rent or that the landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant; (d) That all notices required by law have been served upon the defendant in the required manner or no notice is required because the defendant is a tenant at sufferance pursuant to section 45-1506(11), Idaho Code; and (e) That the plaintiff is entitled to the possession of the premises. (2) Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and notice of trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court. (3) In an action for possession against a defendant alleged to be occupying property as a result of forcible detainer, a property owner shall state in a verified complaint: (a) A description of the premises with convenient certainty; (b) That the defendant is in possession of the premises; (c) That the defendant entered upon the premises and holds the premises by means of forcible detainer; (d) That neither the property owner nor any agent thereof has ever entered into a lease or any other similar agreement with the defendant; (e) That demand has been made to the defendant for surrender of the property, and the defendant has refused to surrender the property to the former occupant or property owner; and (f) That the plaintiff is entitled to the possession of the premises. (4) Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within seventy-two (72) hours from the filing of the complaint, excluding weekends and official holidays. The service of the summons, complaint and notice of trial setting on the defendant shall be not less than twenty-four (24) hours before the time of trial appointed by the court. (5) If any property owner files an action for possession against a defendant alleged to be occupying the property as a result of forcible detainer when a landlord-tenant relationship existed with the defendant and/or in bad faith, said property owner shall be liable to the defendant for treble damages as enumerated in this chapter.
Idaho Code Title 6, Chapter 3, § 6-310 establishes the procedural requirements for filing a court action to recover possession of rental property. Depending on the basis for the action—nonpayment of rent, suspected controlled-substance activity on the premises, tenant at sufferance status, or forcible detainer—the law specifies what a complaint must contain and how quickly a trial must be scheduled. For standard possession cases, trial must be set within 12 days of filing, with at least 5 days' notice to the defendant; for forcible detainer cases involving no landlord-tenant relationship, trial must occur within 72 hours (excluding weekends and holidays), with at least 24 hours' notice. A property owner who misuses the expedited forcible-detainer process against someone who was actually a tenant, or who files in bad faith, faces liability for treble damages.
Plain English — not legal advice.
Under § 6-310, a compliant operator filing for possession ensures the complaint includes all required elements—a clear property description, confirmation of the defendant's possession, the specific legal basis for the action, and verification that required notices were properly served. Operators distinguish carefully between a standard unlawful detainer action (e.g., nonpayment of rent or controlled-substance grounds) and a forcible detainer action, since the two tracks carry different timelines and different complaint requirements. Because § 6-310(5) imposes treble-damage liability on property owners who invoke the forcible-detainer process against someone with whom a landlord-tenant relationship existed, operators generally verify the nature of the occupancy before selecting which complaint form to use.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 6-310 sets out the procedural rules that a landlord must follow when suing for possession, and a defendant in such an action has the right to appear at the court-scheduled trial and contest whether those requirements were met. If a landlord files under the expedited forcible-detainer track despite the existence of a landlord-tenant relationship, § 6-310(5) provides that the tenant may be entitled to treble damages for that bad-faith filing. Tenants who receive a summons and complaint under this section may wish to contact a tenant-rights organization or legal aid office to understand the short response windows involved and the defenses that may be available to them.
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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