Idaho Code §§ 6-301 to 6-324 § 6-311
CONTINUANCE.
Operative Text
In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent or if a landlord has alleged 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 during the term for which the premises are let to the tenant, or if the person is in possession of the property and is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code, no continuance shall be granted for a longer period than two (2) days unless the defendant applying therefor gives an undertaking to the adverse party with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if judgment is rendered against the defendant.
Idaho Code Title 6, Chapter 3, § 6-311 limits how long a court may delay (continue) certain eviction proceedings. Specifically, in cases involving nonpayment of rent on properties of five acres or less, alleged unlawful controlled-substance activity on the premises, or tenancy-at-sufferance situations under § 45-1506(11), a continuance cannot exceed two days. The only exception is if the party requesting the delay provides a court-approved financial guarantee (undertaking) sufficient to cover any rent that might be owed if judgment goes against them.
Plain English — not legal advice.
Under § 6-311, landlords pursuing possession actions for nonpayment of rent, controlled-substance violations, or tenancy-at-sufferance situations can generally expect that court proceedings will not be significantly delayed by a defendant's continuance request. A compliant operator typically documents the basis for the action clearly—whether it is unpaid rent, reasonable grounds for controlled-substance activity, or a holdover tenancy—so the court can readily apply the two-day limit. Keeping thorough records of rent ledgers, lease terms, and any relevant incident documentation supports the landlord's position throughout the proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 6-311, tenants facing eviction actions for nonpayment of rent, alleged controlled-substance activity, or tenancy-at-sufferance status should be aware that their ability to request a court delay is sharply restricted to two days unless they can post a court-approved financial undertaking to cover potential rent owed. Tenants who believe they have a valid defense—such as disputing the amount of rent claimed or challenging the landlord's grounds—may wish to consult a tenant-rights organization or legal aid provider familiar with Idaho eviction procedure. Understanding this strict timeline is important, as the window to respond or arrange representation is very short once proceedings begin.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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