Idaho Code

Idaho Code § 6-310 (2026)

Action for possession — Complaint — Summons.

✓ current as of May 2026

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Action for possession — Complaint — Summons.

(1) In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent, or on the grounds that a landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant, or in the event the tenant is a tenant at sufferance pursuant to section 45-1506(11), Idaho Code, it is sufficient to state in the complaint:

(a) A description of the premises with convenient certainty;

(b) That the defendant is in possession of the premises;

(c) That the defendant entered upon the premises, holds the premises, and is in default of the payment of rent or that the landlord has reasonable grounds to believe that any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises during the term for which the premises are let to the tenant;

(d) That all notices required by law have been served upon the defendant in the required manner or no notice is required because the defendant is a tenant at sufferance pursuant to section 45-1506(11), Idaho Code; and

(e) That the plaintiff is entitled to the possession of the premises.

(2) Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and notice of trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court.

(3) In an action for possession against a defendant alleged to be occupying property as a result of forcible detainer, a property owner shall state in a verified complaint:

(a) A description of the premises with convenient certainty;

(b) That the defendant is in possession of the premises;

(d) That neither the property owner nor any agent thereof has ever entered into a lease or any other similar agreement with the defendant;

(e) That demand has been made to the defendant for surrender of the property, and the defendant has refused to surrender the property to the former occupant or property owner; and

(f) That the plaintiff is entitled to the possession of the premises.

(4) Upon filing the complaint, a summons must be issued, served and returned as in other actions, provided, however, that at the time of issuance of the summons, the court shall schedule a trial within seventy-two (72) hours from the filing of the complaint, excluding weekends and official holidays. The service of the summons, complaint and notice of trial setting on the defendant shall be not less than twenty-four (24) hours before the time of trial appointed by the court.

(5) If any property owner files an action for possession against a defendant alleged to be occupying the property as a result of forcible detainer when a landlord-tenant relationship existed with the defendant and/or in bad faith, said property owner shall be liable to the defendant for treble damages as enumerated in this chapter.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1986–2024 · leading case: State v. Johnson, 716 P.2d 1288 (Idaho 1986).

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State v. Johnson, 716 P.2d 1288 (Idaho 1986). · cites it 4× “§ 6-303(2) requires that a landlord notify in writing an individual who is behind in his or her rent before the injured landlord can resort to an action for possession, I.C. § 6-310, or damages, I.C. § 6-311E. Until written notice is given, however, the non-paying tenant is not…”

Worthington v. Crazy Thunder, 541 P.3d 694 (Idaho 2024). · cites it 8× “9 I.C. § 6-310(1)(c), (d). If the jury makes such findings against the defendant, the trial court would then order “[t]hat the plaintiff is entitled to the possession of the premises.”

Erickson v. Idaho Bd. of Reg. of Prof'l Engineers & Prof'l Land Surveyors, 203 P.3d 1251 (Idaho 2009). · cites it 2× “) Idaho Code §§ 6-310 and 6-320 provide that in the specified landlord-tenant litigation, “a summons must be issued, served and returned as in other actions.”

State v. Myers, 942 P.2d 564 (Idaho Ct. App. 1997). · cites it 2× “§§ 6-301 through 6-324, to regain possession of the rented mobile home and lot. Neither party disputes that proper procedures were used to obtain the writ.”

Indian Springs v. Terry & Rosanna Andersen, 302 P.3d 333 (Idaho 2012). · cites it 10× “Andersen’s parents also filed an answer and counterclaim, but they have not appealed the judgment.”

Caldwell Land & Cattle v. Johnson Thermal (Idaho 2019). · cites it 4× “See I.C. § 6-310; see also 68 Am. Jur. Proof of Facts 3d 1 (2002) (“While a holdover tenant may be liable in damages to the landlord, he cannot be held liable to an incoming tenant because the incoming tenant has not yet acquired an interest in the premises sufficient to permit…”

Powder Basin Psychiatric Assocs., Inc. v. Ullrich, 931 P.2d 652 (Idaho Ct. App. 1996). · cites it 4× “It asserts that the earlier action was brought to obtain an expedited setting before the trial court for the determination of the right to possession of personal property, a situation which is similar to the statutory procedure in unlawful detainer actions allowing for an…”

Deutsche Bank v. Breinholt (Idaho Ct. App. 2014). · cites it 2× “Nonetheless, some of the statutory procedures specified in the unlawful detainer chapter of Title VI of the Idaho Code did apply to the ejectment action, because the action was an action for possession and involved tenants at sufferance.”

In Re Mercy Hous. Mgmt. Grp. Inc. v. Naomi Bermudez., 2024 CO 68 (Colo. 2024). “Idaho Code Ann. § 6-310 (2) (2024). [13] We acknowledge that in Worthington , the court found an action for unlawful detainer to be an equitable claim.”

— Idaho Code § 6-310(1)(c) — 1 case

Worthington v. Crazy Thunder, 541 P.3d 694 (Idaho 2024). “9 I.C. § 6-310(1)(c), (d). If the jury makes such findings against the defendant, the trial court would then order “[t]hat the plaintiff is entitled to the possession of the premises.”

— Idaho Code § 6-310(1)(e) — 1 case

— Idaho Code § 6-310(2) — 1 case

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