Idaho Landlord Tenant Rights

Idaho Landlord Tenant Rights

Last Updated: January 6, 2022 by Elizabeth Souza

In Idaho, if there is an exchange of rent for inhabiting property then a rental agreement exists and this agreement comes with certain rights and responsibilities. According to Idaho law, (Idaho Code § 55-301 – §55-308) landlords have rights, including the right to collect rent in a timely manner and the right to be reimbursed for any damages, beyond “wear and tear” to the property.

Under Idaho law, tenants also have rights, which include, living in a habitable dwelling and the right to seek housing in an equitable manner.

Note: These rights exist regardless of a rental agreement stating otherwise.

Questions? To chat with an Idaho landlord tenant attorney, click here

Landlord Responsibilities in Idaho

In Idaho, landlords are obligated to maintain a habitable and safe dwelling and are responsible for making requested repairs within three days. It is unlawful for Idaho tenants to withhold rent or use the repair and deduct option; unless it is to install or repair a smoke detector.

Here is a list of essential amenities that landlords are or are not responsible for.

Item Landlord Responsibility?
Dwelling structures Yes
Water Yes
HVAC system Yes
Plumbing/sanitation Yes
Electrical wiring Yes
Garbage removal Not addressed
Smoke detectors Yes

It is illegal for a landlord to evict a tenant in retaliation for exercising their housing rights.

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Tenant Responsibilities in Idaho

Apart from paying rent in a timely manner, Idaho tenants must:

  • Keep the unit safe and habitable.
  • Keep fixtures clean and sanitary.
  • Properly use appliances, fixtures and facilities.
  • Not damage or allow their friends and family to damage the property.
  • Prevent injury to others due to actions performed on the premises.
  • Make small repairs and maintenance when needed.
  • Not disturb other tenants or neighbors.

Evictions in Idaho

Landlords in Idaho are empowered to evict tenants for the following reasons.

  1. Nonpayment of Rent – If an Idaho tenant fails to pay rent, then the landlord can issue a 3-Day Notice to Pay. If the tenant still refuses to pay, then the landlord may file a Forcible Entry and Unlawful Detainer.
  2. Lease Violation – If a lease violation occurs then the landlord may issue a 3-Day Notice to Cure or Vacate. In cases of serious violations, the landlord is not required to give a chance to remedy. Either way, if the tenant does not agree to the terms, then the landlord may file for eviction.
  3. No Lease/End of Lease – If tenants “holdover” or stay at the rental unit after the rental period has ended, the landlord must give a 30-Day Notice to Quit before proceeding with an eviction.
  4. Waste– If a tenant commits waste, a landlord may provide the tenant with a 3-Day Notice to Quit.
  5. Illegal Drug Activity – If a tenant is involved with an illegal drug activity on the premises, the landlord may provide a 3-Day Notice to Quit before filing for eviction.

At-will tenants in good standing are entitled to receive at least 30 days’ notice before being evicted. Tenants with a fixed-term rental agreement are not entitled to any notice.

It is illegal for landlords to evict a tenant as a form of retaliation or for discriminatory reasons.

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Security Deposits in Idaho

  • Standard Limit/Maximum Amount – None.
  • Time Limit for Returns – 30 Days.
  • Penalty if Not Returned on Time – If an Idaho landlord wrongfully withholds a security deposit, the tenant may take legal action against the landlord.
  • Allowable Deductions – Missed rental payments/utility bills and damages the excess normal wear and tear.

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Lease Termination in Idaho

Notice requirements. If an Idaho tenant wishes to terminate a periodic lease, then they must give the following amounts of notice.

Rent Payment Frequency Notice Needed
Week-to-Week No statute
Month-to-Month 1 Month
Quarter-to-Quarter No statute
Year-to-Year 1 Month
Questions? To chat with an Idaho landlord tenant attorney, click here

Early termination. Idaho tenants may legally break a lease early for the following reasons:

  1. Early termination clause
  2. Active military duty
  3. Uninhabitable unit
  4. Landlord harassment

Tenants who break a lease early may still be required to pay out the rest of the lease term. Landlords in Idaho are not obligated to re-rent a unit.

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Rent Increases & Related Fees in Idaho

  • Rent control. Idaho does not currently enforce any kind of rent control so landlords are able to charge whatever they want in rental prices.
  • Rental increases. Idaho landlords are not limited in how much they can raise rental prices but they must give tenants at least 15 days’ advance notice before doing so.
  • Rent-related fees. The state does not limit how much landlords can charge late fees. Returned check fees are limited to 3 times the value of the check or $100, whichever is greater.

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Housing Discrimination in Idaho

Protected groups. The Fair Housing Act prohibits discrimination on the basis of race, color, national origin, sex, familial status, religion, or disability. These protections do not apply to owner-occupied homes or homes run by religious organizations. Idaho state law clarifies that mental impairments, chronic alcoholism, blindness, and AIDS are covered under the “disability” portion of the Fair Housing Act.

Discriminatory acts & penalties. The Idaho Human Rights Commission handles cases related to housing discrimination. The following behaviors may be considered discriminatory when directed at a member of a protected class:

  • Refusing to rent or sell on a bona fide offer
  • Indicating a preference for one group
  • Limiting financing opportunities
  • Steering applicants into certain neighborhoods
  • Failing to provide reasonable accommodations for those with disabilities

Victims of housing discrimination can file a complaint with the Commission online here. However, the state does not specify what kind of penalties they render.

Additional Landlord Tenant Regulations in Idaho

Landlord Right to Entry in Idaho

Idaho law does not mandate minimum notice requirements for landlords. As such, they are assumed to have the default right to enter without permission. Tenants and landlords can work out entry notification policies in the lease agreement. Landlords do not need permission to enter during emergencies.

Small Claims Court in Idaho

Idaho small claims court will hear rent-related cases valued up to $5,000 or less. Eviction cases are not handled in small claims court. Written and oral contracts in the state of Idaho have a 5-year and 4-year limit, respectively.

Mandatory Disclosures in Idaho

Idaho landlords must make the following mandatory disclosure:

  1. Lead-Based Paint. Landlords who own homes built after 1978 must provide information about the concentrations of lead paint used in the building.

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Changing the Locks in Idaho

Idaho law does not prohibit tenants from changing the locks. However, it is not recommended that tenants change the locks without getting the landlord permission first. Landlords are explicitly forbidden from changing the locks as a form of eviction (i.e., “lockouts”).

Additional Resources for Idaho Renters

In addition, check your local county and municipality for additional land-lord tenant regulations. To learn more, please refer to the below digital resources.

Landlord and Tenant Manual – This handbook, published by the Idaho Attorney General’s Office, details nearly every consideration a landlord or tenant may need to make before, during, and after a lease agreement.

Landlord and Tenant Rights and Responsibilities – This concise pamphlet breaks down each party’s responsibilities under Idaho’s current landlord-tenant laws.

Idaho Department of Insurance – Renter’s Insurance is another common topic of dispute among Idaho landlords and tenants. This website can help guide both parties through the process of identifying which types of coverage are appropriate to their situation.

Questions? To chat with an Idaho landlord tenant attorney, click here