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You can be legally evicted even if you have children in the home and you can be evicted during any time of the year if: You violate the terms of the lease. You don't pay rent or pay late.
You can't just evict your resident because you don't like them. A legal cause under Idaho law is defined as, among other things, non-payment of rent, lease agreement violation, or excessive damage.
However, there are certain rights established by Idaho law that cannot be avoided by the lease. In brief, these rights include the right to privacy, the right of quiet use and enjoyment, the right to safety and health, the right against discrimination, and the right to possession of the premises.
If you don't have a legal cause to evict your resident, you must wait until their lease expires. If they are on a month-to-month lease, you'll have to give your resident a 30 days' notice. In the notice, make sure to let the resident know that they have to move within the designated one-month period.
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 appropriate Eviction Notice to serve for non-payment of rent would be a 3 Day Notice to Pay or Quit, or a 30 or 60 Day Notice to Vacate. If the tenant has been there for less than a year paying on a month to month basis and you want to terminate their tenancy, a 30 Day Notice to Vacate is the correct form to serve.
Talk to Your Landlord If you can't come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit. If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.