Tenants in Idaho have the legal right to repairs for issues that place the property in violation of state health and safety standards. To exercise this right, they must properly notify the landlord in writing and allow three days for the repairs to be made.
Idaho Landlord Responsibilities for Repairs
Idaho landlords are responsible for keeping all of the following in good working condition:
- Plumbing.
- Electricity.
- Waterproofing and weather protection.
- Provided heating, ventilating, and sanitary facilities.
- Hot water.
- Means for garbage to be stored and removed from the premises.
- Common areas.
- Anything impacting health, safety, or habitability.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Idaho?
Idaho tenants are responsible for repairing any damage from their own actions or negligence, with the exception of ordinary wear and tear. In particular, tenants are liable for anything related to their lack of cleanliness or improper use of facilities.
Requesting Repairs in Idaho
Idaho tenants must request repairs by describing the issue in writing and delivering the notice to the landlord. Repair requests can be given personally to the landlord or responsible employee, left at their offices, or sent by certified mail. The landlord has three days to fix issues after receiving notice.
How Long Does a Landlord Have To Make Repairs in Idaho?
A landlord in Idaho has three days to make repairs after getting a written request from the tenant that describes the issue.
Can the Landlord Refuse To Make Repairs in Idaho?
Idaho landlords cannot refuse to make repairs that are their responsibility. However, the landlord’s refusal to repair does not legally excuse the renter failing to keep the terms of the rental agreement. For example, a landlord who fails to repair can still evict for a default on rent.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Idaho?
Idaho landlords have no responsibility to pay for alternative accommodation while they conduct repairs. However, an issue that completely forces the tenant out of the premises is typically grounds to claim constructive eviction, move out, stop paying rent, and end the lease.
Tenant’s Rights if Repairs Aren’t Made in Idaho
Idaho tenants can sue for damages or get an injunction to force repairs when a landlord doesn’t address issues in a timely way. In severe cases, tenants might cancel the rental agreement under a theory of constructive eviction. The tenant can recover costs and attorney fees in any case.
Can the Tenant Withhold Rent in Idaho?
Idaho tenants cannot withhold rent. In a situation where the landlord fails to repair a severe issue that substantially prevents the intended use of the premises, the tenant can only stop rent payments after claiming constructive eviction and moving out to end the lease.
Can the Tenant Repair and Deduct in Idaho?
Idaho tenants can only personally repair and then deduct from rent when the landlord hasn’t ensured working smoke detectors at the beginning of a tenancy.
Can the Tenant Break Their Lease in Idaho?
Idaho tenants usually can’t break the lease for the landlord’s failure to repair. Breaking the lease is only allowed in cases of constructive eviction, where a landlord’s action or failure is so severe that it substantially prevents the intended use of a rental property.
Can the Tenant Sue in Idaho?
Idaho tenants can sue to force repairs or recover monetary damages plus court costs and attorney fees, when the landlord doesn’t make timely repairs.
Can the Tenant Report the Landlord in Idaho?
Idaho tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could sue to force repairs.
Landlord Retaliation in Idaho
It’s illegal for Idaho landlords to retaliate against tenants by attempting eviction after they report violations of housing or safety codes, or otherwise try to secure a legal right related to their rental of the property. The tenant has the burden of proof when alleging retaliation.
Sources
- 1 Id. Code § 6-320(a) (2022)
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“A tenant may file an action against a landlord for damages and specific performance for: (1) Failure to provide reasonable waterproofing and weather protection of the premises; (2) Failure to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord; (3) Maintaining the premises in a manner hazardous to the health or safety of the tenant; (4) Failure to return a security deposit as and when required by law; (5) Breach of any term or provision of the lease or rental agreement materially affecting the health and safety of the tenant, whether explicitly or implicitly a part thereof; and (6) Failure to install approved smoke detectors in each dwelling unit, to include mobile homes, under the landlord’s control.”
Source Link - 2 Id. Code § 6-320(d) (2022)
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“Before a tenant shall have standing to file an action under this section, he must give his landlord three (3) days written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure. If, within three (3) days after service of the notice, any listed failure or breach has not been performed or cured by the landlord, the tenant may proceed to commence an action for damages and specific performance.”
Source Link - 3 State of Idaho Office of the Attorney General, Landlord and Tenant Manual 11-12 (2018 ed.)
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Non-binding guidance provided by the Attorney General typifies the applicable standards: “Landlords must maintain the rental to protect a tenant’s safety and health. This means landlords must comply with city and county ordinances and state laws regarding housing conditions. The following are examples of housing conditions that may violate local or state housing standards: -Structural deterioration, including cracked and crumbling walls and ceilings and broken or missing doors and windows; -Defective plumbing, including a broken toilet, lack of hot/cold water, absent sinks or bathing facilities and serious leaks; -Exposed wiring; -Nonfunctioning heating units; -No means to remove or store garbage; -Insect infestations; -Leaking roof or walls from insufficient waterproofing or weather protection; and -Dismantling or not installing smoke detectors.”
Source Link - 4 Jesse v. Lindsley, 149 Idaho 70, 76 (Idaho 2008)
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“[T]he landlord is obligated to maintain the premises covered by the lease in a non-hazardous condition. In this case, that would include the apartment and common areas, i.e. the parking space (included in the lease), driveway, side-walks, halls, and stairways providing access.”
Source Link - 5 State of Idaho Office of the Attorney General, Landlord and Tenant Manual 13-14 (2018 ed.)
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Guidance from the Attorney General typifies the standard: “The tenant must safeguard the rental property and ensure that damage does not occur. Typical tenant responsibilities include: -Keep the property clean and sanitary; -Properly dispose of garbage; -Use appliances, electrical fixtures and plumbing facilities properly; -Prevent family and friends from damaging the property; -Obey the landlord’s property regulations and use the property for only lawful purposes; and -Prevent injury to others due to actions performed on the tenant’s property.”
Source Link - 6 Santillanes v. Property Management Services, 110 Idaho 588, 592 (Idaho Ct. App. 1986)
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“Ordinarily, the mere existence of a landlord-tenant relationship does not impose any liability upon the tenant for mere wear and tear of the premises.”
Source Link - 7 Id. Code § 6-323 (2022)
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“The notice required by section 6-320(d), Idaho Code [repair notice to landlord], shall be served either: (1) By delivering a copy to the landlord or his agent personally; or (2) If the landlord or his agent is absent from his usual place of business, by leaving a copy with an employee at the usual place of business of the landlord or his agent; or (3) By sending a copy of the notice to the landlord or his agent by United States Postal Service certified mail, return receipt requested.”
Source Link - 8 McCullough v. Cuthbert, 46 Idaho 294, 299 (Idaho 1928) (internal citations omitted)
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While the bar for severity is high, the tenant can end the lease in cases where the landlord’s failure to repair substantially prevents the intended use of the premises. “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 - 9 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.”
Source Link - 10 Id. Code § 6-320(a)(6) (2022)
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“Upon commencement of a rental agreement, the landlord shall verify that smoke detectors have been installed and are in good working order in the dwelling unit. The tenant shall maintain the smoke detectors in good working order during the tenant’s rental period. … If the landlord or the landlord’s assignee fails to install working smoke detectors, the tenant may send written notice by certified mail, return receipt requested, to the landlord or the landlord’s assignee that if working smoke detectors are not installed within seventy-two (72) hours of receipt of the letter, the tenant may install smoke detectors and deduct the cost from the tenant’s next month’s rent. Smoke detectors purchased by the tenant and deducted from rent become the property of the landlord and shall not be removed from the premises.”
Source Link - 11 Wright v. Brady, 126 Idaho 671, 675 (Idaho Ct. App. 1995)
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“[A] landlord’s claim for eviction of a tenant may be defeated by a showing that the primary motive for the eviction is retaliation against the tenant for reporting to authorities violations of housing or safety codes. The tenant will carry the burden to prove the retaliatory nature of the eviction. ” Wright v. Brady, 126 Idaho 671, 675 (Idaho Ct. App. 1995) See also Connolly v. Powell, 141 Idaho 844, 846 (Idaho Ct. App. 2005) (“[A] retaliatory eviction defense… may be raised in an unlawful detainer action. This is an affirmative defense, and the tenant therefore bears the burden to prove that the primary motive for the eviction is retaliation for tenant actions that are protected by the statute.”)
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