Idaho

Idaho Landlord Tenant Key Rules

Official Idaho Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	No statute
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	If managed by a third-party it must be maintained in a separate account. Idaho Code § 6-321(4)
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	No statute
Deadline for Returning Security Deposit:	21 days if no time frame is specified in the agreement. Can be up to 30. Idaho Code § 6-321(2)
Permitted Uses of the Deposit:	Any contingencies outlined in the rental agreement or deposit arrangement. Commonly used for damages beyond “normal wear and tear”, pet deposits, cleaning etc. Idaho Code § 6-321(1)
Security Deposit can be Withheld:	Yes. The landlord must provide an itemized list of the deductions and purpose for each one. Idaho Code § 6-321(2)
Require Written Description/Itemized List of Damages and Charges:	Yes Idaho Code § 6-321(2)
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	Yes Idaho Code § 6-321(2)
Failure to Comply:	A landlord may be liable to tenant if they fail to return a security deposit. Idaho Code § 6-320(a)(4)

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	No statute. Refer to lease agreement for specifications.
Payment Methods:	No statute. Refer to lease agreement for specifications.
Rent Increase Notice:	30-day notice required Idaho Landlord-Tenant Manual Pg.19
Late Fees:	No statute. Refer to lease agreement for specifications.
Application Fees:	No statute
Prepaid Rent:	No statute
Returned Check Fees:	A tenant may be liable for the check amount plus $100 or 3x the amount of the check (whichever is greater). Idaho Code § 1-2301A
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Not allowed. The only exception is in the case of smoke detectors. 3-day notice of breach must be provided to the landlord to repair and deduct from rent. Idaho Code § 6-320(a)
Tenant Allowed to Repair and Deduct Rent:	Not allowed. The only exception is in the case of smoke detectors. 3-day notice of breach must be provided to the landlord to repair and deduct from rent. Idaho Code § 6-320
Self-Help Evictions:	No statute. Usually not allowed, and the landlord is responsible for maintaining and providing essential services. Idaho Code § 6-320(a)
Landlord Allowed to Recover Court and Attorney’s Fees:	Yes Idaho Code § 6-324
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No statute. However, the landlord can file a lawsuit in small claims district court (up to a certain amount) to mitigate damages. Idaho Landlord-Tenant Manual Pg.19

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	30-day notice required
Notice to Terminate a Periodic Lease – Week-to-week:	No specific statute. The general timeframe is 30 days. Idaho Code § 55-208
Notice to Terminate a Periodic Lease – Month-to-Month:	No specific statute. The general timeframe is 30 days. Idaho Code § 55-208
Notice to Terminate Lease due to Sale of Property:	No specific statute. The general timeframe is 30 days. Idaho Code § 55-208
Notice of date/time of Move-Out Inspection:	No statute. Refer to lease agreement for specifications.
Notice of Termination for Nonpayment:	3-day notice Idaho Code § 6-303(2)
Notice for Lease Violation:	3-day notice Idaho Code § 6-303(3)
Required Notice before Entry:	No statute. The lease agreement should specify the landlord’s right to enter including timeframe of notice, and timeframe of entry. Idaho Landlord-Tenant Manual Pg.10-11
Entry Allowed with Notice for Maintenance and Repairs:	No statute. The lease agreement should specify the landlord’s right to enter including timeframe of notice, and timeframe of entry. Idaho Landlord-Tenant Manual Pg.10-11
Emergency Entry Allowed without Notice:	No statute. It should be specified in the lease agreement. Generally, a landlord is allowed to enter without notice in case of an emergency. Idaho Landlord-Tenant Manual Pg.10-11
Entry Allowed During Tenant’s Extended Absence:	No statute. It should be specified in the lease agreement. Generally, a landlord is allowed to enter in the event that the unit is abandoned. Idaho Landlord-Tenant Manual Pg.10-11
Entry Allowed with Notice for Showing the Property:	No statute. The lease agreement should specify the landlord’s right to enter including timeframe of notice, and timeframe of entry. Idaho Landlord-Tenant Manual Pg.10-11
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	Not allowed. Idaho Landlord-Tenant Manual Pg.27
Utility Shut-offs Allowed:	Not allowed. Idaho Landlord-Tenant Manual Pg.16
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Required to be disclosed in the rental agreement. (Idaho Code § 6-320)
• Copy of the Lease: Should be provided to tenant. (Best practice)
• Domestic Violence Situations: Early termination permitted with court order. (Idaho Code § 32-201A)

Duties

Landlord’s Duties

• Compliance: Must comply with local housing codes. (Idaho Code § 6-320)
• Repairs: Required to maintain habitable conditions. (Idaho Code § 6-320)
• Common Areas: Must be kept safe. (Best practice under habitability)
• Maintenance: Maintain essential services. (Idaho Code § 6-320)
• Garbage: Ensure waste disposal provisions. (Best practice)

Tenant’s Duties

• Cleanliness: Keep premises clean and safe. (Idaho Code § 6-321)
• Trash: Dispose of waste properly. (Idaho Code § 6-321)
• Plumbing: Maintain cleanliness of fixtures. (Idaho Code § 6-321)
• Appliances: Use reasonably. (Idaho Code § 6-321)
• Damage: Avoid causing damage. (Idaho Code § 6-321)
• Quiet Enjoyment: Must not disturb neighbors. (Idaho Code § 6-321)
• Subleasing: Only if allowed by lease. (Idaho Code § 6-321)
• Retaliation: Prohibited (Idaho Code § 6-320)
• Lead Disclosure:  Federal requirement.