Idaho Habitability Laws

Idaho law governs all landlord/tenant issues in the state.  Read further to learn what landlords are responsible for providing and how long they have to make repairs. Learn how tenants should request maintenance and how habitability applies to damages and security deposits.

Quick Facts for Delaware

Who Does The Warranty of Habitability Apply To?

The Warranty of Habitability in Delaware applies to short-term and long-term rental properties that are single-family or multi-family dwellings. Mobile home parks and condos are also included. However, hotels/motels are not covered under habitability laws.

How Long Do Tenants Have to Make Repairs?

3 days after being given written notice. Tenants may also have the cost of damages reduced from their security deposit if they are not fixed or paid for.

What Are Tenants Responsible For?

Tenants are required to keep the rental reasonably clean; landlords can ask a tenant to clean up if they are not doing so.

What are Landlords Responsible For Providing?

Windows and doors that are in good repair, roof, walls, etc. that are completely waterproofed without leaks, hot and cold running water working HVAC equipment working plumbing and electrical wiring/outlets/lighting, working sanitation facilities (bathtub/shower, toilet), a trash can (for trash pickup services), & working smoke detectors.

How Long Do Landlords Have to Fix Something?

After tenants request repairs, landlords must make them within 3 days. Landlords are not required to give notice to make these repairs. Tenants cannot withhold rent if repairs are not made.

The following chart lays out which types of rental units the law applies to.

*Mobile home parks and condos have their own separate set of landlord/tenant rules and will not be addressed in this article.

Understanding the Law

For all residential properties, landlords are required to ensure the property complies with any and all building codes and housing codes as they relate to the safety of the building and/or the health of the residents.

They’re also required to make and pay for any repairs to make the unit livable that are not caused by the tenant. 

Tenants are required to pay for any repairs caused by their own negligence or intentional acts, which may come out of the security deposit.

Landlord Responsibilities

The following chart lists common landlord responsibilities when it comes to habitability.  Not all of them are requirements in Idaho, as indicated below.


Addressing Habitability Issues

For any repairs the landlord makes due to the tenant’s actions, the landlord can:

  • Use the tenant’s security deposit to pay for any damage to the property when the tenant moves out.
  • Evict the tenant.

Under the law, tenants are allowed to have three days to repair any damage they have caused.

Tenant Repair Requests

Tenants must put repair requests in writing to the landlord.  The landlord has three days to make any necessary repairs after receiving written notice.

If the landlord fails to make the requested repairs within three days, a tenant must pursue legal action to get the repairs made.

Landlord Access

Tenants are not required to give the landlord access to the property to make necessary repairs unless it is written into the lease agreement.

Failure to Provide the “Essentials”

If a landlord intentionally or negligently fails to provide heat, water, electricity, and/or other “essentials,” tenants are allowed to:

  • Pay for any necessary utilities themselves.
  • Pursue legal action.   

Security Deposits and Repairs

Finally, if the costs for any repairs were taken out of the tenant’s security deposit, the landlord is required to give them an itemized list of everything paid for from the deposit within 21 days of the lease’s termination.

Otherwise, the landlord may be required to return three times the amount of the security deposit.

Sources

  1. Idaho Attorney General, “Landlord and Tenant Manual.”
  2. Idaho Legislature, Idaho Statutes.

Read About the Warranty of Habitability in Other States