Idaho Residential Lease Agreement

Required Landlord Disclosures (1)

Disclosures are additional information landlords must provide to tenants at or before lease signing.

1. Lead paint: Federal law requires landlords to inform tenants of any lead-based paint or lead-based paint hazards in any unit built before 1978.

Security Deposit Regulations

Maximum security deposit amount: In Idaho, there is no state-mandated limit on the amount a landlord may charge for a security deposit.

Receipt of deposit: Landlords are not required to provide a receipt for the security deposit, but it is good practice. Units managed by a third party must maintain security deposits in a separate account at a federally insured financial institution (ID Code § 6-321(4)).

Deduction tracking: Landlords may withhold funds from the security deposit only for reasons explicitly written into the rental contract. When they return the remaining deposit, they should provide an itemized list of the deductions. Deductions are not allowed for repairs or cleaning related to normal wear and tear (ID Code § 6-321(1)).

Returning a tenant’s security deposit: If not specified in the Idaho residential lease agreement, security deposits must be returned within 21 days. If the lease contains language concerning the return of the deposit, that timeframe cannot exceed 30 days (ID Code § 6-321(1)).

Landlord’s Access to Property

Advance notice: There is no law in Idaho requiring landlords to provide advance notice to enter a tenant’s unit. However, the notice period should be reasonable and only for property inspections, maintenance/repairs, or emergencies.

Immediate access: Landlords in Idaho may enter a unit without prior notice in case of emergency.

Landlord harassment: If a landlord repeatedly enters a tenant’s unit at unreasonable times or an unreasonable amount, the landlord could be held liable for landlord harassment. Tenants may obtain a court order barring the landlord from entering, recover court costs and attorney’s fees, and potentially end the lease early and without penalty (ID Code § 6-324).

Rent Payment Laws

Grace period: Idaho has no mandatory grace period for rent payments.

Late rent fees: There is no limit on the amount landlords can charge for late fees. However, the Idaho lease agreement should outline them.

Tenant’s right to withhold rent: Unlike many states, Idaho does not allow tenants to withhold rent for repairs or to “repair and deduct.” However, tenants may be able to cancel the lease if landlords fail to make necessary repairs under the implied warranty of habitability.

Breach of Lease Agreement

Missed rent payment: When a tenant misses a rent payment, Idaho landlords may issue a 3-day Notice to Pay or Quit (Idaho Code § 6-303(2)).

Lease violation: Idaho landlords can issue a 3-day notice to cure or quit for most lease violations. However, if the tenant causes significant property damage to the rental unit or sublets it without permission, the landlord may issue a 3-day Notice to Quit. They do not have to allow the tenant to cure the violation (Idaho Code § 6-303).

Self-help evictions: Idaho landlords should never attempt self-help evictions by removing a tenant on their own. Landlords should always follow the legal eviction process to remove a tenant.

Lease abandonment: Idaho tenants who attempt to end a lease early without a legally valid reason may be responsible for the entire rent due for the remaining lease term, the loss of their security deposit, and civil lawsuits.

Ending a Lease

Month-to-month: Idaho landlords or tenants must provide at least 30 days’ written notice to end a month-to-month rental agreement (Idaho Code § 55-208).

Fixed-term: Idaho tenants who wish to end their lease early without penalty must meet a qualifying condition. These conditions include entering active military duty, living in uninhabitable conditions, landlord harassment, and retaliation.

Property abandonment: No specific legislation describes what a landlord should do with a tenant’s abandoned property.

Renewing a Lease

Required renewals: Idaho landlords do not have to renew a tenant’s Idaho lease agreement when the lease term ends. However, according to federal law, landlords cannot refuse to renew a lease for discriminatory or retaliatory reasons.

Required notice: Idaho landlords must provide at least 30 days’ written notice when they want to end a month-to-month lease. For fixed-term leases, the lease ends on the last day of the term specified in the lease. Landlords are not required to provide additional notice.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.