Idaho Month-to-Month Lease Agreement

Required Landlord Disclosures (1)

Unlike other states, Idaho does not require landlords to make any additional disclosures to tenants. Landlords in Idaho must make just one disclosure under federal law:

1. Lead-based paint: Landlords must inform tenants of the known presence of lead-based paint and its associated hazards in any dwelling unit built prior to 1978 (Section 1018 of Title X).

Required Notice to Terminate Month-to-Month Agreement

If the landlord or the tenant wishes to terminate the Idaho month-to-month lease agreement, they must give notice in accordance with state law.

Required notice for landlord: One month (ID Code § 55-208)

Required notice for tenant: One month (ID Code § 55-208)

Rent Increase Laws

Since Idaho’s month-to-month lease agreements operate on shorter lease lengths than fixed-term agreements, landlords have more flexibility to increase rent at the end of each term. However, they must still provide appropriate notice. Idaho law requires month-to-month landlords to notify tenants of a rent increase at least 15 days before the month ends (ID Code § 55-307).

Idaho has no state-wide rent control or stabilization measures. Local governments are prohibited from implementing individual rent control laws. So, landlords may increase rent by any amount deemed fit.

Rent Payment Laws

Grace period: Idaho landlord-tenant law does not provide a grace period for tenants to pay late rent.

Late rent fees: Landlords in Idaho may charge late rent fees in any reasonable amount, but the lease agreement must describe these fees explicitly (ID Code § 55-314).

Tenant’s right to withhold rent: In most cases, Idaho law does not permit tenants to withhold rent, even if the unit fails to meet the standard for safe, habitable living conditions (Landlord and Tenant Manual) However, if the landlord does not provide functioning smoke detectors, the tenant may issue a 3-day notice to the landlord, install the smoke detectors, and deduct the cost from the next rent payment (ID Code § 6-320).

Pet rent laws: Idaho landlord-tenant law does not directly address pet rent limitations.

Security Deposit Rules

Maximum security deposit: Idaho state law does not limit security deposit amounts. Therefore, landlords may charge any amount deemed fit.

Security deposit receipt: Landlords in Idaho are not required to provide tenants with a receipt for their security deposit. However, if a third party manages the dwelling unit, security deposits must be stored in a separate account with a federally insured financial institution (ID Code § 6-321(4)).

Deduction tracking: Landlords may deduct funds from the security deposit to cover unpaid rent or utilities and damages that exceed normal wear and tear. If landlords make any deductions, they must track these costs and provide an itemized statement of deductions when returning the remainder of the security deposit to the tenant (ID Code § 6-321(1)).

Returning a tenant’s security deposit: Landlords in Idaho must return the security deposit and an itemized statement of deductions within 21 days of the end of the tenancy, unless the lease specifies a different time period. However, this period cannot exceed 30 days (ID Code § 6-321(1)).

Pet deposit rules: Idaho landlord-tenant law does not limit the amount landlords may charge as a pet deposit.

Property Access Regulations

Advance notice: Idaho landlord-tenant law does not require landlords to provide tenants with a specific amount of notice before accessing the rental. In the absence of any regulations, landlords should always strive to give at least 24 hours’ notice and only enter during reasonable times to avoid violating the tenant’s right to privacy.

Immediate access: In Idaho, landlords may enter the property immediately, without notice, in an emergency.

Landlord harassment: If the landlord repeatedly enters the dwelling unit at unreasonable times or for unreasonable matters without providing notice to the tenant, this could constitute landlord harassment. As a result, tenants may obtain a court order preventing the landlord from entering, recover court costs and attorney fees from the landlord, and terminate the lease early without penalty (ID Code § 6-324).

Rental Agreement Violations

Missed rent payment: If the tenant fails to pay rent by the due date, the landlord may issue a 3-day Notice to Pay or Quit (ID Code § 6-303(2))

Lease violation: If the tenant violates other lease terms, the landlord can issue a 3-day Notice to Cure or Quit. On the other hand, landlords may issue an unconditional 3-day Notice to Quit in the case of significant property damage or subleasing the unit without permission (ID Code § 6-303(3))

Self-help evictions: In Idaho, self-help evictions are strictly prohibited. The landlord cannot attempt to remove the tenant by any means outside of the legal eviction process, such as lockouts or utility shutoffs.

Lease abandonment: Tenants who abandon the property and break a lease in Idaho may be liable for rent payments for the duration of the original lease term and could forfeit their security deposit. However, tenants may break the lease without penalty to start active-duty military service (Servicemembers’ Civil Relief Act) or in the case of landlord harassment.