| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Idaho?
In Idaho, a landlord has the right to enter a rental property for the following reasons:
- Inspecting the property.
- Maintenance and repairs.
- Emergencies.
Can a Landlord Enter Without Permission in Idaho?
Idaho landlords can legally enter a rental property without the tenant’s permission in the event of an emergency.
Can a Landlord Enter Without the Tenant Present in Idaho?
Idaho landlords can legally enter a rental property without the tenant present.
Can a Landlord Show a House While Occupied in Idaho?
Idaho landlords can show an occupied house, but only if this privilege is reserved in the lease. Otherwise, the landlord and tenant must negotiate a reasonable policy regarding showings, case by case.
How Often Can Landlords Conduct Routine Inspections in Idaho?
Idaho landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Idaho?
Idaho landlords must provide reasonable notice before entering. What’s reasonable gets determined case by case and depends on the totality of circumstances. In non-emergency cases, a minimum 24 hours of advance notice is always recommended.
Can a Landlord Enter Without Notice in Idaho?
Idaho landlords can technically enter without notice unless the lease specifies otherwise. However, tenants have a right to quiet enjoyment of the premises, so a tenant might claim a privacy violation against a landlord who doesn’t have a specific reason to justify a no-notice entry.
How Can Landlords Notify Tenants of an Intention To Enter in Idaho?
Idaho landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Idaho?
Idaho tenants can refuse entry to a landlord when the request for entry isn’t reasonable (for example, a no-notice entry in the middle of the night), or isn’t for a legally allowed reason.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Idaho?
Idaho landlords can typically deliver a written 3-day notice to comply when a tenant illegally refuses entry. If the tenant doesn’t fix issues related to the illegal refusal, the landlord can then start eviction or ask a court for an injunction or monetary damages, including attorney fees.
Can a Tenant Change the Locks Without Permission in Idaho?
Idaho tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s recommended for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Idaho?
Idaho tenants can do any of the following if the landlord enters illegally:
- Get a court order to ban the landlord from entering.
- Recover court costs and attorney fees from the landlord.
- Recover cost of any actual damages.
- End the lease and move out (for severe interference only).
Sources
- 1 State of Idaho Office of the Attorney General, Landlord and Tenant Manual 10 (2018 ed.)
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There is no positive law in Idaho regarding landlord access. Guidance from the Attorney General typifies the applicable common-law standard: “Tenants have a right to privacy in their rentals. The lease should specify the landlord’s right to enter the tenant’s property to: -Inspect for damage and make necessary repairs; -Respond to an emergency involving life or property; and -Show the property to prospective purchasers or tenants at convenient times. In addition, the lease should explain the landlord’s rights when a tenant is in default in the rent or when a tenant may have abandoned the property. If the lease does not include these provisions, and the landlord needs to enter the property, the landlord first should notify the tenant why the entry is necessary. The landlord and tenant then can agree on a reasonable manner and time of entry.”
Source Link - 2 McCullough v. Cuthbert, 46 Idaho 294, 299 (Idaho 1928) (internal citations omitted)
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While the bar for severity is high, an unreasonable landlord entry may breach the covenant of quiet enjoyment. “It is generally held that a covenant for quiet enjoyment is implied in a contract of lease, but to effect a breach of such covenant there must be an eviction either actual or constructive; and even if it be deemed that an eviction can exist without the actual expulsion of the tenant from the premises, or the abandonment of the premises by him, there must at least be acts actually interfering with his possession or enjoyment of the premises.”
Source Link - 3 Id. Code § 6-303(3) (2022)
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“A tenant of real property, for a term less than life, is guilty of an unlawful detainer… Where he continues in possession in person, or by subtenants, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for payment of rent, and three (3) days’ notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him.”
Source Link - 4 Florer v. Walizada, 489 P.3d 843, 846 (Idaho 2021)
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Where the situation can potentially be cured by landlord or tenant compliance, this compliance must be requested in proper notice. “[T]here must be a complying notice before… failure to cure triggers the right to sue.”
Source Link - 5 Id. Code § 6-324 (2022)
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In any action brought under the provisions of this chapter, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney fees. For attorney fees to be awarded in cases requiring the three (3) days’ notice as set forth in section 6-303(2), Idaho Code [eviction for nonpayment of rent], it shall be necessary that the three (3) days’ notice advise the tenant that attorney fees shall be awarded to the prevailing party.”
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