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Updated 2 days ago on . Most recent reply

User Stats

52
Posts
45
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Dale Walker
  • Investor
  • Rigby, ID
45
Votes |
52
Posts

Holdover tenant Eviction process Help Needed

Dale Walker
  • Investor
  • Rigby, ID
Posted

I need some advice. I hope there is someone out there familiar with Idaho Eviction procedures. I have a tenant which I want gone due to property damage. They are NOT behind on rent. They signed a 1 year lease which ends this month. 

I provided 60 days written notice of them needing to vacate even though our lease only requires 30 days written notice.  

My question is what is the proper procedure to start eviction proceedings after notice is given and the tenant has not vacated? I believe this makes them a hold-over tenant. 

There are several documents online which suggest that I can use a complaint form for the Expedited process. That form deals with non-payment of rent.  That is not the case with this situation, as they are not behind. I just want them to move out after the lease ends. I suspect they will not move out when required and eviction may be needed. 

In Idaho, there are two options for the complaint and summons (expedited or regular). Regular evictions are for breaches of the lease. Expedited are for non-payment of rent. The last other type is Forcible detainer. Forcible detainers are for squatters who have never had a tenant relationship with the owner.  I don't see any options for a hold-over tenant.  Any advice would be appreciated. Thanks!

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