Under Idaho law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under Idaho Statutes Title 55 Chapter 3, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived regardless of what the rental agreement says.
Landlord Responsibilities in Idaho
In Idaho, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Idaho’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | No | Only if Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | Only Containers | Only Containers |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | No |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Idaho
Landlords must perform necessary repairs in a timely manner. In Idaho, landlords must make repairs within three days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Idaho tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent.
Tenant Responsibilities in Idaho
Apart from paying rent on time, 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 permitted to evict tenants for the following reasons:
- 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.
- 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.
- 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.
- Waste– If a tenant commits waste, a landlord may provide the tenant with a 3-Day Notice to Quit.
- Illegal Drug Activity – If a tenant is involved with 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.
Landlord Retaliation in Idaho
It’s illegal for Idaho landlords to retaliate against tenants by attempting eviction after tenants report violations of housing or safety codes, or otherwise try to secure a legal right related to their rental of the property. Tenants can claim retaliation as a defense in an eviction action, or they can actively sue a landlord who’s retaliating against them.
Security Deposits in Idaho
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Holding Requirement: Landlords are not required to hold security deposits separate from other funds unless the rental property is managed by a third party.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Landlords can make any deductions listed in the lease agreement such as unpaid rent, utilities, damage excluding normal wear and tear, and cleaning costs.
- Time Limit for Return: 21 days.
- Max. Penalty for Late Return: Tenants can sue for three times the deposit plus court costs. If the judge does not award triple damages, they may award attorneys’ fees.
Lease Termination in Idaho
Notice Requirements: If an Idaho tenant wishes to terminate a periodic lease, 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 |
Early Termination: Idaho tenants may legally break a lease early for the following reasons:
- Early termination clause.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
Cost of Breaking a Lease in Idaho
If an Idaho tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Idaho
Idaho does not have rent control, and state law prohibits cities and towns from creating their own rent control laws.
Because Idaho does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give at least 30 days’ notice. However, if the rental unit is a mobile home, rent increases are limited to once every six months and the tenant must be given at least 90 days’ notice.
Housing Discrimination in Idaho
Protected Groups: The Federal 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 some 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 Federal 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.
Additional Landlord Tenant Regulations in Idaho
In addition to having laws that address general issues like repairs and security deposits, most states, including Idaho, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Idaho
Idaho landlords have the right to enter rental property for maintenance, inspections, and property showings. Unless there’s an emergency, the landlord must give “reasonable” advance notice before entering (typically at least 24 hours), and can only enter with the tenant’s permission.
Rent Collection & Related Fees in Idaho
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, but it must be mentioned in the lease agreement to be charged.
- Rent Payment Methods: There is no state law governing which payment methods may or may not be accepted for rent.
- Rent Receipt: Not required.
Small Claims Court in Idaho
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Idaho Small Claims Court is a division of Magistrate Court. The process takes approximately one to three months.
Mandatory Disclosures in Idaho
Idaho landlords must make the following mandatory disclosure:
- Lead-Based Paint: Landlords who own homes built after 1978 must provide information about the concentrations of lead paint used in the building.
Changing the Locks in Idaho
Idaho law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Additional Resources for Idaho Renters
Many cities in Idaho have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see below for more general information.
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 pamphlet breaks down each party’s responsibilities under Idaho’s current landlord-tenant laws.
