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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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Landlord-tenant relationships in Idaho are governed by the terms of a written lease agreement. However, even without a formal contract, Idaho law still imposes certain rights and responsibilities on both parties, as outlined in the Idaho Code (I.C.) Sections 6-303, 6-320, 6-321, 55-208, and 55-307.
Tenant's Rights:
Idaho tenants have the following key rights:
Tenant's Responsibilities:
Tenants in Idaho must:
Landlord's Rights:
Idaho landlords have the legal right to:
Landlord's Responsibilities:
Idaho landlords are responsible for:
(Landlord and Tenant Rights and Responsibilities | Idaho Legal Aid)
Are landlords in Idaho required to give notice before entering the property?
Tenants have a right to private enjoyment of their rental space in Idaho. This means that, whilst there’s no specified required notice period before entry landlords are required to give ‘reasonable’ notice before entering an occupied dwelling. (Attorney General's Manual)
However, it is common practice for landlords and tenants to establish entry notification procedures prior to finalizing the lease agreement.
Are landlords in Idaho allowed to enter the property to conduct maintenance and repairs?
Yes. Landlords are required to give prior notice to tenants before entering the property in Idaho. Though a specific period is defined by state law landlords should give ‘reasonable notice. These notice requirements are waived in the case of an emergency.
Generally, at least 24 hours is deemed ‘reasonable’. Landlords should specify the precise notice period in the lease agreement to ensure that the tenants' privacy rights are respected.
Landlords in Idaho have the right to charge a reasonable late fee for each instance a tenant fails to pay rent, fees, or other charges by the due date. However, it is essential that the rental agreement clearly outlines the late fee amount and the conditions under which it is applied.
According to Idaho law, a late fee is deemed reasonable if it is either $20 or 20% of the monthly rent, whichever amount is higher. (Section 55-2304)
Sources: Landlord and Tenant Manual | Idaho Office of Attorney General (.gov),
Idaho does not have statewide rent control regulations and local governments are prohibited from enacting rent control laws. This means there are no restrictions on how much landlords can increase rents. Property owners in the state can raise rents to match current market prices when a lease ends or if a tenant moves to a month-to-month rental agreement. (Section 55-307(2))
In Idaho, landlords are required to give tenants written notice before increasing rent on a rental property. Generally, this notice must be provided 15 to 30 days in advance of the rent increase depending on the lease length.
The written notice must clearly outline the new rent amount and any modifications to the rental agreement. Simply informing tenants verbally about a rent increase is not adequate; it must be documented in writing.
Here are some of the specific requirements for rent increase notices in Idaho:
This notice period allows tenants to assess the new rental amount and make any necessary arrangements. However, if tenants do not receive the proper notice as mandated by law, they may contest the rent increase.
In Idaho, there are specific conditions under which landlords are not permitted to raise rent unless outlined in the lease agreement:
Furthermore, if a landlord knows that a tenant is a victim of stalking, domestic violence, or sexual assault, they are prohibited from raising the rent, as this would breach protections established by the Fair Housing Act.
Source: Section 55-307 | Idaho Legislature (.gov)
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Idaho has established specific regulations regarding rental applications, and failure to adhere to these laws can lead to legal repercussions for landlords.
In Idaho, landlords are permitted to charge any amount for application fees, as there are no legal restrictions on the fee amount. Importantly, this fee is non-refundable for applicants.
However, while no maximum rental application fee is specified in Idaho law House Bill 626, published in 2022 added Section 6-321A to the Idaho Code which sets forth rules and limitations regarding the collection and use of rental application fees.
Although Idaho does not have its own laws specifically addressing housing discrimination, the federal Fair Housing Act (FHA) is applicable. The FHA prohibits discrimination against applicants based on race, national origin, religion, sex, familial status, disability, or criminal history.
Consequently, landlords are not allowed to request information related to these categories on rental applications or factor them into their decision-making process.
Landlords are required to inform prospective tenants about the criteria used for screening and the reasons behind any approval or denial. To ensure this information is acknowledged, applicants must sign a document confirming their receipt of this information, either on the application itself or in a separate document.
Under the Federal Credit Reporting Act (FCRA), landlords must obtain written consent from potential tenants before conducting any credit checks. This consent must be clearly documented on the application form.
To create an effective rental application process in Idaho, it is recommended to include the following key elements:
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In Idaho, there are no legal restrictions on the amount a landlord can request for a security deposit. This means that landlords have the discretion to set the deposit at any figure they deem appropriate. (Idaho Code § 6-321(1))
Typically, it is common for landlords to ask for a security deposit that amounts to two months' rent.
In the state of Idaho, landlords have the flexibility to set their own policies regarding pet deposits. This means that they can choose to charge a separate deposit for tenants who have pets.
However, it's crucial for landlords to strike a balance when determining the amount of the deposit. Overcharging tenants may make the rental unit less appealing to potential renters, as it could be seen as an excessive financial burden.
It's important to note that the rules regarding pet deposits do not apply to service animals or emotional support animals.
Landlords are prohibited from charging additional "pet rent" or deposits for these types of animals. This is because service and support animals are not considered pets under the Fair Housing Act and are necessary for individuals with disabilities to fully enjoy their living space.
In Idaho, a written lease must specify any deductions a landlord plans to make from a security deposit. Deductions cannot include normal wear and tear. However, they may cover unpaid rent, damages beyond normal use, cleaning, and unreturned keys. (Idaho Code § 6-321(1))
Idaho law does not cap the amount landlords can charge for damages, but they must be reasonable. If damage costs exceed the deposit, landlords can pursue additional compensation from former tenants.
If the landlord retains any part of the security deposit, they must provide a signed statement itemizing the amounts retained, the purposes for the retention, and a detailed list of expenditures from the deposit. This statement must accompany the refund of any remaining deposit.(Idaho Code § 6-321(2))
Idaho law mandates that landlords or third-party managers must place any security deposits for rental properties into a distinct, federally insured interest-bearing account. This account must be held at a bank or savings institution within Idaho. (Idaho Code § 6-321(4))
Idaho's security deposit laws require landlords to return a tenant's security deposit within 21 days after they move out. This timeframe can be adjusted if both parties agree, as long as it does not exceed 30 days. (Idaho Code § 6-321(2))
Tenants may forfeit their deposit if they break the lease early without proper notice. In such cases, the landlord can use the security deposit to cover the costs of re-renting the unit.
Failing to properly return a tenant's security deposit can lead to legal issues for the landlord. For example, the tenant may dispute the landlord's deductions, arguing they were not responsible for the damages listed.
Idaho law gives tenants three days to demand the disputed amount back from the landlord. If the landlord still refuses to return the money, the tenant can file a case against them in small claims court.
No statute.
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A lease agreement in Idaho is a formal contract between a landlord (lessor) and a tenant (lessee) that outlines the regulations governing tenancy and occupancy rights within the state.
According to Idaho law, a standard lease should clearly define the terms and conditions of the rental, as well as the rights and responsibilities of both parties, providing legal protection for each.
Yes. Both oral and written rental agreements are enforceable in Idaho. However, for leases of a year or longer, landlords must put the lease into writing.
To ensure a smooth rental experience, the following key elements should be included in a Idaho lease agreement:
Including these components helps to establish clear expectations and responsibilities, thereby minimizing potential disputes between landlords and tenants.
Disclosure Requirements: Landlords must provide clear information to prospective tenants about lease terms, rent amounts, and other obligations before signing a lease. (Idaho Code § 55-248)
Security Deposits: Landlords must provide a written statement detailing how security deposits are handled, including conditions for their return and any allowable deductions. (Idaho Code § 6-321)
Lease Changes: Landlords must give tenants written notice at least 15 days before the end of a rental period if they plan to change lease terms, including rent increases. Additionally, if the landlord intends not to renew the lease or increase rent, they must provide a 30-day notice. (Idaho Code § 55-307(1))
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In Idaho, a lease agreement is a legally binding contract between a landlord and tenant, outlining the terms and conditions of renting a property. Both parties are obligated to adhere to the agreement until its expiration. However, there may be circumstances that necessitate breaking the lease prematurely.
Notice Required For Tenants To Terminate A Tenancy: If a tenant is vacating the property at the end of the lease term, additionally the tenant must give the landlord written notice at least 30 days before the lease expires. (Attorney General's Manual p32)
Notice Required Of NonRenewal Required To Terminate an Annual Tenancy In Idaho: Leases are automatically renewed, unless the landlord gives the tenant at least 90 days’ written notice of intent not to renew, or the tenant gives 30 days’ written notice of intent not to renew. (Attorney General's Manual, page 32)
Notice Required to Terminate A Month-to-Month Tenancy: One month’s written notice is required. (Idaho Code §§ 55-208)
Tenants have certain exceptions allowing them to terminate their lease early without penalty. These include:
Evicting a tenant in Idaho, similar to other states across the nation, necessitates adherence to legal procedures. According to Idaho law, landlords can only evict a tenant under valid legal grounds, such as the tenant's non-payment of rent.
Landlords may need to evict tenants for several reasons, particularly in Idaho:
To start the eviction process for various reasons, the first step is to formally terminate the tenancy by issuing a notice to your tenant. Here are some of the most common eviction notice given in Idaho.
In cases of unpaid rent, landlords are required to deliver a 3-Day Notice to Pay or Vacate. This document presents the tenant with two clear options: either pay the overdue rent or vacate the rental property.
If the tenant fails to comply by paying the rent or moving out within the specified three-day period, landlords are entitled to proceed with the eviction process.
For violations of the lease agreement, Idaho law mandates that landlords issue a 3-Day Notice to Comply or Vacate. This notice informs the tenant that they have three days to either correct the violation or move out. If the tenant does not take action within this timeframe, a landlord can file for eviction.
In situations where a tenant causes significant damage or sublets the unit without the landlord's consent, a 3-Day Notice to Vacate must be issued.
Unlike the previous notices, this one does not offer the tenant an option to remedy the situation; they must vacate the premises within three days.
If a tenant is involved in drug-related activities on the property, landlords are not required to provide a notice. Idaho landlords can terminate their lease immediately and proceed with the eviction process without delay.
To ensure a successful eviction and avoid potential legal issues, it's crucial to follow the following step carefully:
The first step is to issue a written notice to the tenant. This serves several purposes:
The written notice should include the following details:
After providing the written notice and allowing at least three days to pass, the landlord must file a legal complaint with the court. This is typically done in the justice court where the rental property is located. The specific document requirements and associated fees may vary.
Once the court has filed the complaint, the tenant must be served. This is typically done by a court official or process server, as a third party is required to serve the tenant. The tenant may be served in one of three ways:
After being served, the tenant has 21 business days to respond to the court. In their response, they have an opportunity to provide their side of the case along with any supporting evidence. If the tenant fails to provide a written response within the specified timeframe, the judge may rule in favor of the landlord by default.
During the trial, both the landlord and tenant will have a chance to present evidence to support their case. Examples of evidence include:
If either party (or their attorney) fails to appear at the trial, the case may be dismissed or the opposing party may win by default.
If the court rules in favor of the landlord, they will issue a Writ of Restitution or Order of Restitution. This is a court order that notifies the tenant of the specific number of days they have to vacate the property before they can be physically removed and the locks changed.
In the final step, the tenant must vacate the property. While many states provide tenants with a set number of days after a Writ has been issued, Idaho laws state that tenants must leave the property immediately.
It's important to note that a landlord is never allowed to move tenants out themselves. A sheriff or other official must remove the tenant, even in the case of a winning eviction.
Below is a summary of key laws that govern homeowners associations (HOAs) in Idaho:
This act, found in Chapter 32, Section 55 of the Idaho Code, outlines the regulations for the operation and member rights of HOAs. (Idaho Homeowners Association Act)
This act specifies rules for condominiums, covering their formation, management, powers, and requirements for insurance and record-keeping. (Idaho Condominium Property Act)
Most Idaho HOAs are nonprofit corporations, governed by this act, which regulates their corporate structure. Unincorporated HOAs fall under the Idaho Unincorporated Nonprofit Corporations Act. (Idaho Nonprofit Corporation Act)
This law prohibits housing discrimination based on various factors, mirroring protections in the federal Fair Housing Act. (Idaho Fair Housing Law)
HOAs cannot restrict the installation of solar panels but may regulate their placement, according to this act. (Prohibited Conduct Act)
Idaho's squatter rights grant certain protections to individuals occupying properties without permission. They cannot be evicted without legal notice and may claim ownership after fulfilling adverse possession criteria, which includes continuous occupation for 20 years.
To successfully assert these rights, squatters must meet several requirements:
Additionally, squatters must pay property taxes throughout their occupancy.
Below, you’ll find some helpful Idaho landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
