In Idaho, a landlord’s obligation for providing a habitable living space is primarily governed by ID Code § 6-320. This legal requirement, commonly known as the “implied warranty of habitability,” also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Windows/Doors, Roof/Walls, Hot/Cold Water, Plumbing, Electrical, Sanitation Facilities, Trash Can, Smoke Detector |
| Time Limit for Repairs | 3 Days |
| Tenant Recourse Options |
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Applicable Dwelling Types in Idaho
The implied warranty of habitability in Idaho does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not specifically addressed |
| RV parks | Not specifically addressed |
| Mobile home parks | Not specifically addressed |
| Condos | Not specifically addressed |
| Hotels/Motels | No |
Mobile home parks and condos have their own separate set of landlord/tenant rules and will not be addressed in this article.
Landlord Responsibilities in Idaho
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Idaho, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Yes |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Yes |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | No |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Yes |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet). | Yes |
| Provide a trash can (for trash pickup services). | Yes |
| Ensure that any stairs and railings are safe. | Not addressed |
| Ensure that all floors are in good condition and safe. | Not addressed |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | No |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Not addressed |
| Provide working carbon monoxide detector. | Not addressed |
| Provide a working washer/dryer. | Not addressed |
Repairs, Recourse & Retaliation in Idaho
If a rental property is in violation of the implied warranty of habitability in Idaho, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
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 a relevant responsible employee, left at their offices, or sent by certified mail.
Renter’s Rights if Repairs Aren’t Made in Idaho
If an issue isn’t fixed within three days of proper notice, an Idaho renter can sue for repairs or compensation. In severe cases, the renter might be able to end the rental agreement. However, rent withholding is forbidden, and so is repairing and deducting (except to fix smoke detectors). Read More
Landlord Retaliation in Idaho
It’s illegal for Idaho landlords to retaliate 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. The tenant has the burden of proof when alleging retaliation.
Showing the landlord’s retaliatory motive (which can be proven by implication) is a defense against eviction. The tenant can also get monetary damages or an injunction, including court costs and attorney fees, when following the legal process for notification about repair issues.
