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Idaho

This article provides a quick overview of some key Idaho Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Idaho Statutes cited below to research this information and it should be a good starting point in learning about the law.

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Idaho Commercial Lease Agreement

Idaho Landlord Tenant Key Rules

Official Idaho Forms:

Leases

Notices

Addendums

Forms

Property Management

Disclosures

Checklists

 

Applications

Letters

 

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