Idaho Mobile Home Park Eviction Process: A Step-by-Step Guide

Nonpayment of rent

In Idaho, a mobile-home-park lot is not an ordinary apartment. Because your resident owns the home and only rents the lot, the Manufactured Home Residency Act (Idaho Code Title 55, Chapter 20) governs, and it gives residents MORE time than a standard rental. Do not simply serve a 3-day pay-or-quit and file.

The statute sets a two-step sequence. Under Idaho Code §55-2010(1)(b), you first give the resident written notice for the nonpayment; if the resident does not pay within three (3) days, you may then serve a notice giving a thirty (30) day period in which to vacate. In plain terms: 3 days to pay, and only after that a 30-day notice to move before you take them to court.

If the resident pays the full amount owed within the 3-day window, the tenancy is preserved and you cannot proceed on that ground. Keep your accounting clean and your demand exact — the amount stated in the notice matters, and Idaho awards attorney's fees to the prevailing party (§55-2018).

Other lease and rule violations

For problems other than money — a substantial or repeated breach of the rental agreement or your written community rules — Idaho Code §55-2010(1)(a) also requires a cure opportunity first. You give the resident written notice to comply, and if the resident does not comply within three (3) days, you may then give notice of a twenty (20) day period in which to vacate. That is a 3-day cure window followed by a 20-day notice to vacate.

A rule is only enforceable if it was part of the signed agreement or the resident got proper notice of the change; a rule adopted after move-in generally needs 90 days' written notice (§55-2008). For an on-and-off (periodic) violation rather than a continuous one, §55-2010(1)(a) requires your notice to specify that the same violation repeated shall result in the termination. Document dates, photos, and prior warnings so the notice holds up.

Remember the grounds are limited. Section 55-2010(1) says a lot tenancy may be terminated by the landlord only for the listed reasons — violation, nonpayment, government-ordered closure, eminent domain/cessation of the operation, and abandonment. There is no no-cause termination mid-lease, and retaliation against a resident for complaining or organizing is prohibited (§55-2015).

Filing the eviction

If the notice period runs out and the resident has not cured, paid, or left, you enforce through an unlawful-detainer (expedited eviction) action. These are filed in the magistrate division of the district court, and the MHRA fixes venue in the district court of the county in which the lot is located (§55-2019). You file a complaint with the required contents and a summons under Idaho Code §6-310.

Idaho moves these quickly. The court sets trial within twelve (12) days of the filing of the complaint, and the summons, complaint, and trial setting must be served on the resident at least five (5) days before trial. Serve your pre-suit notices correctly first — three-day notices go by personal delivery or by posting plus mail, and longer notices by personal delivery or certified mail (§55-2020) — because defective service is the most common reason these cases stall.

Win at trial and the court enters judgment for possession and issues a writ of restitution to the county sheriff. Do not attempt a self-help lockout, shut off utilities, or move the home yourself — possession is restored by the sheriff under the writ, and the sheriff may execute it no earlier than three (3) days after judgment.

What happens to the home

This is the piece that trips up operators: the resident owns the home, so an eviction judgment gives you the LOT back — it does not hand you the home. Idaho law protects the resident's ownership. Under §55-2009(1) you cannot force removal solely on the basis of the sale, and the resident keeps the right to sell the home in place to a qualified buyer.

On money, §55-2009(5) says no home may be removed until the rent (including the month of the move) and all other charges are paid, and §55-2009A(2) says the home may not be removed from the lot without a signed written agreement from the landlord or manager showing clearance for removal, showing all moneys due and owing paid in full. If a lienholder is involved, your recoverable back rent before you must notify them is capped at 60 days.

Idaho does not set a specific number of days for the resident to physically relocate the manufactured home after an eviction judgment — the MHRA is silent on that window. Section 6-303's 72 hours addresses a residential tenant's belongings, and moving an entire home in 72 hours is rarely realistic, so in practice the relocation timeline is set by the court/writ or negotiated between the parties. If the home is genuinely abandoned (no rent for 60 days plus indicia the resident has walked away, §55-2003), you can pursue the statutory lien-sale process in §§55-2009B–55-2009F, which has its own notice steps (a 10-day newspaper notice, a 20-day certified-mail notice to the legal owner, and a 10-day window for the owner to oppose). Confirm current specifics with counsel before acting.

Typical timeline in Idaho

• Day 0 — Written notice
  For nonpayment, serve written notice; the resident has 3 days to pay (§55-2010(1)(b)). For a violation, serve a 3-day notice to comply (§55-2010(1)(a)).
• After 3 days — Vacate notice
  If still unpaid, you may serve a 30-day notice to vacate for nonpayment; for an uncured violation, a 20-day notice to vacate.
• After the vacate period — File suit
  File the complaint and summons for expedited eviction in the magistrate division of the district court for the county where the lot sits (§6-310, §55-2019).
• Within ~12 days — Trial
  The court sets trial within 12 days of filing; the summons and complaint must be served on the resident at least 5 days before trial.
• Judgment — Writ of restitution
  If you prevail, the court enters judgment for possession and issues a writ of restitution to the county sheriff.
• After judgment — Sheriff executes
  The sheriff may enforce the writ no earlier than 3 days after judgment; a residential tenant has 72 hours to remove belongings (§6-303).
• The home — Clear the balance first
  No home leaves the lot until rent and charges are paid and written removal clearance is issued (§55-2009(5), §55-2009A). The relocation window itself is set by the court or negotiated, not fixed by statute.

Operator best practices in Idaho

• Use the MHRA sequence, not a plain 3-day quit
  For lot tenancies, follow the 3-day-to-pay-then-30-day-to-vacate path in §55-2010(1)(b); the ordinary residential 3-day pay-or-quit is not enough.
• Serve notices exactly right
  Put everything in writing and serve under §55-2020 (personal or posting-plus-mail for 3-day notices; certified mail for longer ones). Defective service is the top reason cases fail.
• Watch the long clocks
  Give 90 days' written notice to not renew (§55-2010(2)) and 180 days for a park closure/change of use or eminent domain (§55-2010(1)(d)), with no rent increase during that period.
• Handle rent increases by the book
  Raise rent only after the lease term, with 90 days' written notice, and keep increases uniform within each rent tier (§55-2006).
• Document every violation
  Keep dated records, photos, and prior warnings, and use the repeat-violation language for periodic breaches so a §55-2010(1)(a) notice holds up.
• Never use self-help
  No lockouts, no utility shutoffs, no moving or seizing the home. Possession comes only through the court and the county sheriff's writ of restitution.
• Respect that the resident owns the home
  You recover the lot, not the home. Follow §55-2009 and the abandonment/lien-sale steps in §§55-2009B–F rather than assuming ownership.
• Build a relationship with an Idaho MHP attorney
  MHRA notice sequences and home-removal timing have real traps; a local attorney who knows manufactured-home law keeps your filings clean and your judgments enforceable.