Idaho Code §§ 6-301 to 6-324 § 6-324
ATTORNEY FEES.
Operative Text
In any action brought under the provisions of this chapter, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney fees. For attorney fees to be awarded in cases requiring the three (3) days’ notice as set forth in section 6-303 2., Idaho Code, it shall be necessary that the three (3) days’ notice advise the tenant that attorney fees shall be awarded to the prevailing party.
Idaho Code § 6-324 establishes that in most eviction and unlawful detainer actions brought under Title 6, Chapter 3, the party who wins the case is entitled to recover attorney fees from the losing party. This fee-shifting rule does not apply in cases where treble (triple) damages are awarded. Additionally, when the action is based on a three-day notice under § 6-303(2), the notice itself must explicitly inform the tenant that attorney fees will be awarded to the prevailing party — otherwise, a fee award may not be available in that type of case.
Plain English — not legal advice.
Under Idaho Code § 6-324, landlords who prevail in unlawful detainer or eviction proceedings may be eligible to recover attorney fees, but compliance with the notice requirements is essential to preserving that right. When the action is grounded in a three-day notice under § 6-303(2), compliant operators ensure that the notice itself contains language advising the tenant that attorney fees will be awarded to the prevailing party. Landlords who omit this language from the three-day notice risk losing the ability to seek a fee award even if they ultimately win the case.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Idaho Code § 6-324 works both ways — if a tenant prevails in an eviction or unlawful detainer action brought under Title 6, Chapter 3, the tenant may also be entitled to an award of attorney fees from the landlord. Tenants facing a three-day notice under § 6-303(2) can examine whether that notice included the required language about attorney fees, as its absence may affect the landlord's ability to recover fees. Tenants navigating these issues may find it helpful to consult a tenant-rights organization or legal aid provider familiar with Idaho eviction law.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation