Idaho Sublease Agreement
An Idaho sublease agreement is a legal document that allows a tenant, known as the “Sublessor,” to rent out all or part of their rental property to another party, referred to as the “Sublessee”. The sublease is typically bound by the same terms and conditions established in the original lease, although the Sublessor may include additional terms that do not violate the subtenant’s rights under state law.
Idaho Sublease Agreement
Right to Sublet
In Idaho, there are no specific state laws governing subleasing; however, the Idaho Landlord-Tenant Guide indicates that tenants may sublet their rental property unless their original lease explicitly prohibits it. If the lease requires the landlord’s consent for subletting, tenants should obtain written permission using a Landlord Consent Form.
Tenants must secure explicit written permission from their landlord to sublet in Idaho. Even with consent, landlords retain the right to reject a potential subtenant based on lawful criteria, such as poor credit history or inadequate income.
Standard Components of an Idaho Sublease Agreement
A typical Idaho sublease agreement includes the following elements:
- Names of the Parties: Identification of the Sublessor and Sublessee.
- Rental Unit Location: The address of the rental unit as per the master lease.
- Term: The start and end dates of the sublease.
- Rent: The amount of rent, payment schedule, and payment methods.
- Utilities: Specification of which utilities are paid by the Sublessor and which by the Sublessee.
- Landlord’s Consent: Details on how the landlord’s permission is obtained.
- Master Lease Inclusion: Attachment of the master lease and any exceptions noted.
- General Conditions: A statement that the sublease contains all agreements between the parties.
- Disputes: Procedures for resolving disputes, potentially including mediation or arbitration.
- Liability: Responsibilities for damages incurred by the Sublessee.
- Authorized Occupants: Identification of who is allowed to reside in the rental unit.
- Security Deposit: Information on the security deposit, which is held by the Sublessor.
- Return of Security Deposit: Timeline for returning the security deposit, typically within 21 days.
- Inventory of Included Items: A list of items included in the rental unit.
- Lead-Based Paint Notice: Required notice if the property was built before 1978.
- Parking Policy: Guidelines for parking on the property.
- Smoking Policy: Any restrictions on smoking within the rental unit.
- Signature: Signatures of all parties involved.
Tax Implications of a Sublease
In Idaho, if a sublessor rents out the property for 30 days or less, they may be subject to the following taxes:
- 6% State Sales Tax
- 2% Travel and Convention Tax
Additionally, local cities may impose their own taxes or fees, which can vary by location. The overall tax rate for short-term rentals will depend on the specific city in which the property is located.
Short-term rental operators must file tax returns based on their assigned frequency (monthly, quarterly, or annually). Taxes collected must be remitted to the Idaho State Tax Commission, and payments can be made via paper or online, with credit card payments subject to convenience fees.
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
Yes, subletting is legal in Idaho as long as the rental agreement does not specifically prohibit it. If subleasing is not addressed in the rental agreement, tenants are allowed to sublet the rental unit.
Yes, tenants must obtain explicit written permission from their landlord to sublet in Idaho. Even with consent, landlords have the right to reject a subtenant based on lawful criteria.
An Idaho sublease agreement should include the names of the parties, rental unit location, term of the sublease, rent details, utilities responsibilities, landlord’s consent, and security deposit terms, among other provisions.
In Idaho, short-term rentals (30 days or less) are subject to a 6% state sales tax and a 2% travel and convention tax. Additionally, some cities may impose their own taxes or fees, affecting the overall tax rate.
In Idaho, landlords must return any unused portion of the security deposit within 21 days after the tenant vacates the rental unit. The lease agreement can specify a different timeframe, but it cannot exceed 30 days.
Yes, a tenant can add additional terms to a sublease agreement as long as they do not violate the subtenant’s rights under state law. For example, a tenant may include a no smoking clause if it differs from the original lease.
In Idaho, sublessors must provide subtenants with three days’ written notice to pay rent or vacate the property. If the subtenant does not comply, the sublessor may take further action to terminate the sublease.
Landlords in Idaho have the right to screen potential subtenants and can reject them for lawful reasons, such as poor credit history or insufficient income, even if the original tenant has obtained permission to sublet.