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Idaho Landlord-Tenant Laws

Idaho Landlord Tenant LawsThis article is intended to be an online resource for Idaho landlords.  We summarize key Idaho Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Idaho Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Idaho.

 

Quick Facts for Real Estate Investors Considering Idaho

Idaho landlord-tenant laws are considered Landlord friendly.

There are 1.8 million residents in Idaho.  Major metropolitan markets in Idaho are:

Boise City: Estimated population of 749,202, which 42% of residents are renter occupied.  Average rent is $1,138

Idaho Falls: Estimated population of 151,530, which 27% of residents are renter occupied.  Average rent is $796.

Coeur dAlene: Estimated population of 165,697, which 27% of residents are renter occupied.  Average rent is $972

Pocatello: Estimated population of 95,489, which 33% of residents are renter occupied.  Average rent is $678

Lewiston: Estimated population of 62,990, which 24% of residents are renter occupied.  Average rent is $668.

 

Jump to Different Idaho Landlord Tenant Laws

 

 

 

 

SECURITY DEPOSIT LAWS IN IDAHO

 

Does Idaho require security deposits? 

Idaho does not require security deposits.  

Is a security deposit receipt required in Idaho? 

Idaho does not require landlords to provide a receipt of security deposit.

How much security deposit can a landlord charge in Idaho? 

No Statute.

Storage Requirements for Security Deposits in Idaho:

No Statute.

Can security deposits be commingled with other assets in Idaho? 

Idaho landlords can commingle their security deposits with other assets.  However, it is always recommended to keep them separated.  Idaho has no statute about commingling.

Do landlords have to pay interest on security deposits in Idaho? 

Landlords are not required to pay interest on security deposits. 

When must a landlord return the deposit by in Idaho? 

In Idaho, landlords have 21 days after the lease has expired.  Landlords and tenants can agree to different duration, however it cannot exceed 30 days.

When can a landlord in Idaho withhold security deposit?

At the end of a lease through expiration or termination, a landlord can use security deposit for anything stated in the lease except for normal wear and tear.  (Idaho Code §§ 6-321)

Nonrefundable fees: 

No Statute.

Pet Deposits and Additional Fees:

No Statute.

Require written description / itemized list of damages and charges?

Landlords are required to provide written and itemized list of damages with a signed statement stating the purpose for amounts retained and a list of expenditures made from deposit.  (Idaho Code §§ 6-321)

What happens to Idaho landlords that fail to comply returning the security deposit?

When landlords in Idaho fail to comply with state law, tenants need to take this 4-step process.  Landlords may be liable for three times the security deposit, plus attorney fees and court costs.  ( Idaho AG:  Landlord and Tenant Manual (page 27))

  1. Write a letter to the landlord, sent via certified mail
  2. Wait for a reply, landlords have 3 business days from the date the letter was received to return the deposit
  3. Sue the landlord in small claims court
  4. Go to trial.  Tenants should bring proper documentation for all communication.

 

 

 

 

 

RENTAL AGREEMENT LAWS IN IDAHO

 

Rental agreements required in Idaho:

Tenancies 1 year or longer in Idaho require a recording of the rental agreement.  If tenancy is less, it is still encouraged to create a written rental agreement.  If you need a lease, Burbz offers an online Idaho rental lease agreement.

What are the required lease provisions in Idaho?

Idaho requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:

  • Lead-based Paint disclosure
  • Amount of Rent
  • Rent due date
  • Responsible party for maintenance
  • Length of lease agreement
  • Subleasing policy
  • Penalties for late rent payments

 

It is also strongly recommended to include these provisions:

  • Responsible parties for utilities
  • Penalties for late rent payments
  • Pet policies
  • Security Deposit
  • Cleaning Fees
  • Other fees

 

What are the rental agreement notice requirements in Idaho: 

Fixed-End or Year-to-Year: For fixed year, no notice is required as the lease expires upon date.  If a Year-to-Year lease does not have an end date, then a 1 month notice is required.  (Idaho Code §§ 55-208)

Month-to-Month: At least 1 month or more from lease expiration. (Idaho Code §§ 55-208)

Week-to-Week: No statute.  Landlords should include a clause in the lease stating required notice.

What happens when the tenant remains without consent after the rental agreement expires or terminates?

No Statute.

 

Does the lease automatically renew in Idaho? 

Leases terminated upon expiration, unless stated in the lease.

Rent Increase Notice:

Landlords must provide at least 15 days notice prior to the rent increase taking effect. (Idaho Code §§ 55-307(1))

Rent Grace Period for Residential:

Tenants have no grace period before rent is considered late and fees may be charged.

Rent Grace Period for Manufactured Homes:

Tenants have no grace period before rent is considered late and fees may be charged.

Prepaid Rent:

No Statute.

 

 

 

 

LATE FEES AND LIMITS IN IDAHO

Late Fees for Residential:

No expressed limit, landlords can decide.

Late Fees for Manufactured Homes:

No Statute.

Rent Grace Period for Manufactured Homes:

No Statute.

 

Limits to late fees in Idaho:

No Statute.

 

 

IDAHO LEASE TERMINATIONS / NOTICE TO QUIT

 

In Idaho, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Idaho?

Idaho landlords can send their 3-day notice immediately to remedy or quit once the rent due date has passed.   (Idaho Code §§ 6-303(2))

How many days must a landlord allow before terminating for a Lease Violation?

Idaho landlords can send their 3-day notice immediately to remedy the breached condition or quit.   (Idaho Code §§ 6-303(3))

 

Idaho allows immediate lease termination if the tenant is responsible for

Tenants who engage in the unlawful delivery, production or use of a controlled substance on the premises forfeit their right for a 3-day cure.  Landlords can immediately begin the eviction process.

 

 

IDAHO LAWS ON REPAIRS

 

Idaho tenants are legally not allowed to make repairs and deduct the cost from rent.  However, the following protocol must be followed before doing so:

How many days must the tenant give for non-emergency repairs? 

Tenants must provide 3 days notice either by in-person, certified mail, or leaving it with an employee at their usual place of business.  (Idaho AG:  Landlord and Tenant Manual (page 12) 

Can tenant without rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

Tenants cannot without rent.

 

If the landlord fails to take necessary action, then the tenants can legally:

Tenants can file a lawsuit  and take their landlord to trial.  A judge may order the landlord to comply with the tenant’s notice of violation.  In this scenario, the landlord would pay the tenant’s attorney fees and court costs.  (Idaho AG:  Landlord and Tenant Manual (page 13) 

 

 

 

IDAHO LANDLORD RESPONSIBILITIES

What must the landlord provide in good and working order?

Idaho defines certain responsibilities for landlords, including:

•  Must comply with all applicable building codes affecting health and safety
•  Must keep all common areas in a clean and safe condition

 

Do landlords have to provide appliances and services?

No Statute.

 

 

 

 

IDAHO TENANT LAWS AND RESPONSIBILITIES

 

Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise.  (Idaho AG:  Landlord and Tenant Manual (page 14) 

 

 

 

 

 

IDAHO EVICTION LAWS

 

Idaho requires a landlord to file an eviction action to evict a tenant.

Landlords may evict tenants for the following:

  • Not paying rent
  • Subletting the rental unit, if the lease prohibits
  • Intentional damage to the premise
  • Unlawful delivery, product or use of illegal drugs on the premises

 

Can landlords do a ‘self help’ eviction?

In Idaho, it is illegal for landlords to attempt to evict a tenant not through a court order.

Are landlords allowed to lock out tenants by changing locks?

Landlords cannot change locks.

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities.

 

 

 

 

IDAHO LAWS ON RETALIATION

 

Idaho laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents when:

 

  • Tenant has sent written complaints to the landlords about repairs
  • Attempts to and/or establishes, or participates in a tenant organization

 

Idaho does not state a time period to define retaliation.  ((Idaho AG:  Landlord and Tenant Manual (page 29)

 

 

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

Idaho has no statutes to protect a victim of domestic violence, sexual assault, rape or stalking.  Burbz encourages landlords to work with these victims in good faith and help prevent or reduce the situation.  This includes changing locks or letting the victim out of their lease agreement to find a safer home.

 

 

 

IDAHO LAWS FOR LOCKS AND LANDLORDS

 

Are landlords requested to change locks before new tenants:

Before new tenants moves in, landlords are not required to change the locks.  No Statute.

 

Are landlords required to install any specific security device:

Landlords are not required to provide or install security devices.  No Statute.

 

Do landlords have to change locks for domestic violence victims:

No Statute.  Burbz encourages landlords to be supportive to victims of domestic violence.  Most states allow tenants to change the locks at their own expense.

 

 

 

 

IDAHO PET LAWS & PET POLICIES

Idaho Landlord-Tenant Laws does not have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more. Read our guide to pet policies.

 

 

What are the max pet deposits in Idaho:

No Statute.

 

Damages from Pets:

No Statute.

 

 

 

 

DO LANDLORDS IN IDAHO NEED A RENTAL LICENSE?

 

According to Idaho Landlord-Tenant Laws, landlords do not but local counties and cities may have their own regulations that require licensing need a rental license in Idaho. 

 

 

 

 

NOTICE OF ENTRY LAWS IN IDAHO

Do landlords in Idaho have to provide notice of entry? 

Landlords are not required to provide notice for normal circumstances entry.  Lease agreements should clarify the entry process and notice requirements.

When can a landlord enter without notice:

Landlords are not required to provide notice for normal circumstances entry.  Lease agreements should clarify the entry process and notice requirements.

Can landlords enter for non-emergency maintenance and repairs?

Landlords are not required to provide notice for normal circumstances entry.  Lease agreements should clarify the entry process and notice requirements.

 

Can landlords enter for showings?

Landlords are not required to provide notice for normal circumstances entry.  Lease agreements should clarify the entry process and notice requirements.

 

 

Can landlords enter for emergencies without notice?

Landlords are not required to provide notice for normal circumstances entry.  Lease agreements should clarify the entry process and notice requirements.

 

Can landlords enter during Tenant’s extended absence?

Yes, 3 days after abandonment.  (Idaho Code §§ 55-210)

 

Can landlords enter for pesticide use?

No statute. 

 

 

 

 

IDAHO SUBLEASE AND ASSIGNMENT PROVISIONS

 

Idaho has no statute regarding subleasing.  Landlords should include a sublease clause in the rental agreement if they want to not allow subletting.

 

 

 

TENANT ABANDONED PROPERTY IN IDAHO

 

Idaho Landlord-Tenant Laws has specific procedures that landlords must follow when tenants leave belongings.  This may be from evictions or moving out at the expiration of lease.  Landlords should include a clause in the contract detailing the process and rights if the property is abandoned.

 

How long must landlords hold Tenant’s personal property?

No statute specifically, however 3 days after approval of reentry . (Idaho Code §§ 55-210)

 

How much notice must a landlord give if law enforcement has legally locked out the tenant?

No statute

 

 

Can the landlords sell property to pay for outstanding debts?

Landlords are required to get the court’s permission to sell property to cover the costs of removal and storage, plus any back rent.  ((Idaho AG:  Landlord and Tenant Manual (page 28)

 

 

What happens to excess proceeds?

No statute. 

 

How long must landlords keep records of the sale for?

No statute. 

Landlords must store at one of the following places:

No statute. 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR IDAHO LEASES

 

Idaho Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

 

 

 

HELPFUL RESOURCES

Idaho Code §§ 6-201 – §§ 6-212 – Waste and Wilful Trespass on Real Property

Idaho Code §§ 6-301 – §§ 6-324 – Forcible Entry and Unlawful Detainer

Idaho Code §§ 55-208 – §§ 55-212 – Estates in Real Property

Idaho Code §§ 55-301 –  §§ 55-308 – Rights and Obligations of Owners

Idaho Code §§ 5-216 –  §§ 5-217 – Limitation of Actions (Contracts)

Attorney General’s (AG) Landlord and Tenant Guidelines 

 

 

IDAHO RELATED COURT INFO & LINKS

U.S. Department of Housing and Urban Development – Idaho

Idaho Real Estate Commission

Idaho Housing and Finance Association

Idaho Guide to Homeowner’s/Renter’s Insurance

 

Idaho Small Claims Court Limits:

$5,000 is the limit for small claims court.

Idaho Eviction Cases Allowed in Small Claims:

No.

 

Idaho Judiciary

Idaho Attorney General

Idaho State Bar Association

Idaho Small Claims Court Forms

Idaho Landlord/Tenant Legal Forms

 

 

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