Idaho
An Idaho lease agreement is a legal document that establishes the terms between a landlord and a tenant for the rental of a property. This contract specifies the duration of the lease, the monthly rent amount, and the responsibilities of both parties. It also addresses potential issues and their resolutions.
SimpleBasicLease_Idaho
Rental Lease Laws Overview
In Idaho, there are no rent control laws, allowing landlords to set and adjust rent freely. There is no statutory limit on late fees, but they must be reasonable and included in the lease agreement. Additionally, there is no grace period for late rent payments, and landlords are required to have a license to operate.
A rental application is typically required from tenants to assess their eligibility before finalizing a lease agreement.
Required Lease Disclosures
Landlords must ensure that their lease agreements comply with both federal and state laws. One specific disclosure required is regarding lead-based paint hazards for properties built before 1978.
Security Deposit
Landlords in Idaho can request any amount as a security deposit, as there is no statutory limit. While providing receipts for the deposit is not mandatory, it is considered good practice. Landlords are not required to pay interest on security deposits or to hold them in a separate bank account.
If the lease does not specify a return period for the security deposit, landlords must return it within 21 days after the lease ends. If a return period is specified in the lease, the maximum time allowed is 30 days. If a landlord intends to withhold any portion of the deposit, they must provide an itemized list of deductions. Security deposits cannot be used for normal wear and tear but may cover damages beyond that.
Rent Payments
Rent is due as specified in the lease agreement. Idaho law allows landlords to set and increase rent without restrictions, provided they give tenants a 15-day notice before any increase. While there is no cap on late fees, they must be reasonable and included in the lease. There is no statutory grace period for late rent payments; if rent is unpaid, landlords can issue a 3-day notice to quit.
Tenants may only withhold rent for the cost of installing smoke detectors if the landlord fails to do so after receiving written notice. For other essential repairs, tenants cannot withhold rent but may file a court complaint if the landlord does not address the issue within three days of receiving notice.
Landlord Right of Entry
Landlords are not required to provide advance notice before entering a rental property, although it is advisable to do so. There are no specific regulations regarding changing locks, except that landlords cannot change locks to evict tenants.
Property Repairs
Landlords are responsible for maintaining their properties according to housing standards and must complete requested repairs within three days of notice. Failure to do so allows tenants to pursue alternative remedies. Tenants are expected to maintain the property in good condition and make minor repairs as necessary.
A tenant’s abandonment of the property can be indicated by returning keys, significant removal of personal property, tenant notice, an extended absence without payment, or other reasonable signs of permanent departure.
Terminating a Lease
To terminate a month-to-month tenancy in Idaho, one month’s notice is required. Evicted tenants have 72 hours to remove their belongings before the landlord can claim them. If a tenant is not evicted, the landlord must file an eviction complaint and obtain a court order to remove and sell the property.
Statutes
- Idaho Code § 55-208 – Termination of Tenancy At Will
- Idaho Code § 55-210 – Right of Reentry
- Idaho Code § 5-216 – Action on Written Contract
- Idaho Code § 5-217 – Action on Oral Contract
- Idaho Code § 6-303(2) – Unlawful Detainer Defined
- Idaho Code § 6-303(3) – Unlawful Detainer Defined
- Idaho Code § 6-305 – Jurisdiction of District Court
- Idaho Code § 6-320(a)(6) – Action for Damages and Specific Performance by Tenant
- Idaho Code § 6-321 – Security Deposits
- Idaho Code § 6-324 – Attorney Fees
- Idaho Code § 55-307(1) – Change in Terms of Lease – Notice – No Rent Control
- Idaho Code § 1-2301(A) – Drawing Check Without Funds or Insufficient Funds – Civil Liability
FAQs
In Idaho, landlords can request any amount as a security deposit, as there is no statutory limit. While receipts for the deposit are not required, it is considered good practice to provide them. Landlords must return the security deposit within 21 days if no period is stated in the lease, or within 30 days if specified.
In Idaho, landlords must provide tenants with a 15-day notice before increasing rent. There are no rent control laws in place, allowing landlords to set and adjust rent freely.
Tenants in Idaho can only withhold rent for the cost of installing smoke detectors if the landlord fails to do so after written notice. For other essential repairs, tenants cannot withhold rent but may file a court complaint if the landlord does not address the issue within three days of notification.
Landlords in Idaho are required to maintain their properties according to housing standards and must complete requested repairs within three days of receiving notice. If they fail to do so, tenants may pursue alternative remedies.
To terminate a month-to-month lease in Idaho, either party must provide one month’s notice to the other. This allows both landlords and tenants to plan accordingly and ensures a smooth transition.
Idaho law does not provide a statutory grace period for late rent payments. Rent is due on the date specified in the lease, and if unpaid, landlords can issue a 3-day notice to quit.
Landlords in Idaho must comply with federal and state laws regarding lease disclosures. One important disclosure is related to lead-based paint hazards for properties built before 1978.
In Idaho, landlords are not required to give advance notice before entering a rental property, although it is recommended. There are no specific regulations concerning lock changes, except for prohibiting changes to evict tenants.