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Idaho Affidavit of Service of Summons and Complaint for Eviction

State:
Idaho
Control #:
ID-SKU-599
Format:
Rich Text
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Description

Affidavit of Service of Summons and Complaint for Eviction

The Idaho Affidavit of Service of Summons and Complaint for Eviction is a legal document that serves as evidence that a tenant has been properly served with the Summons and Complaint for Eviction. The Affidavit must be completed and signed by the individual who served the documents. The Affidavit states the name of the tenant, the date of service, and a description of how the documents were served. There are two main types of Idaho Affidavit of Service of Summons and Complaint for Eviction: personal service and substituted service. Personal service is when the documents are personally handed to the tenant, while substituted service is when the documents are left at the tenant's residence with an adult over the age of 18 who is not a party to the action.

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FAQ

How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

The only way for a landlord to remove a tenant from a rental unit is by going to court and winning an eviction lawsuit against the tenant. Even after winning the eviction lawsuit, the landlord cannot personally evict the tenant. The eviction must be performed by a law enforcement officer with a court order.

Idaho Eviction Process Landlord serves tenant written notice. Landlord files complaint with court (if unresolved). Court serves tenant with summons & complaint. Court holds hearing and issues judgment. Writ of restitution is issued. Possession of property to landlord.

Both tenant and landlord must uphold the lease/rental agreement at all times. If a tenant violates any terms from the lease agreement, the landlord must give a written notice called a 3-Day Notice to Comply. This notice informs the tenant that they have 3 days to either fix their violation or vacate the property.

Evictions about nonpayment of rent and illegal drug activity are held within 12 days. An eviction hearing about evicting squatters from the property is held within 72 hours. For either hearing, the defendants can ask for a 2-day continuance or postponement.

Tenants can use the Idaho Tenant Notice to Vacate Form to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their Idaho Lease Agreement.

You must give tenant 3-days' notice that you intend to start eviction if the tenant does not pay the full amount past due.

3-Day Eviction Notice for Waste Idaho also allows landlords to evict their tenants for committing waste in their rental property. To evict such a tenant, you must give them 3 days to move out of the rental unit. If the tenant still remains after the notice expires, you can proceed to file a complaint in court.

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Idaho Affidavit of Service of Summons and Complaint for Eviction