Idaho Code
Idaho Code

Idaho Code § 55-208 (2026)

Termination of tenancy at will. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Termination of tenancy at will. 

A tenancy or other estate at will, however created, may be terminated:

(1)  By the landlord’s giving notice in writing to the tenant, in the manner prescribed by the code of civil procedure, to remove from the premises within a period of not less than one (1) month, to be specified in the notice; or
(2)  By the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice.
Notes of Decisions
Cited in 5 cases, 1953–2016 · leading case: Robert Humphries v. Eileen Becker, 366 P.3d 1088 (Idaho 2016).
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Robert Humphries v. Eileen Becker, 366 P.3d 1088 (Idaho 2016). · cites it 4× “It follows from Idaho Code section 55-208 that while sources of water to the Property do not necessarily have to be disclosed in a disclosure form, any problems or defects with those sources of water would need to be expressly listed.”
Hinkle v. Winey, 895 P.2d 594 (Idaho Ct. App. 1995). · cites it 6× “The Hinkles argue that this order was in violation of the one-month notice requirement of I.C. § 55-208 and thus should be voided by this Court.”
Texaco, Inc. v. Johnson, 539 P.2d 288 (Idaho 1975). · cites it 8× “Therefore it is his position that the court should not have applied I.C. § 55-208 7 which establishes a period of notice “not less than one month” before a landlord can terminate a tenancy at will, but that instead the court should have determined what notice was reasonably…”
Lewiston Pre-Mix Concrete, Inc. v. Rohde, 718 P.2d 551 (Idaho Ct. App. 1985). · cites it 2× “Thus Lewiston was entitled to a minimum of one month’s notice, under the provisions of I.C. § 55-208, before the tenancy could be terminated.”
Charpentier v. Welch, 259 P.2d 814 (Idaho 1953). · cites it 2× “§§ 55-208, 55-307 I.C. At the close of business on December 31st Charpentier discontinued the operation and made no further payments of rent.”
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