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Read further to learn more about month-to-month residential lease agreements in Idaho, such as what disclosures are required and what else should be included.
What is a Month-to-Month Residential Lease Agreement?
The month-to-month residential lease is an agreement between a landlord and a tenant for one month of residency. This type of lease is automatically renewed each month unless terminated by the landlord or tenant in accordance with state regulations. While it is not legally advised, if there is no verbal or written residential lease agreement, it is implied to operate on a month-to-month basis.
In the state of Idaho, a month-to-month residential lease agreement is often used to accommodate a potential resident that cannot commit to a full lease that has a term of a year or more. It is a great option for a family to use who is unsure of how long they will be staying in the area. For example, if they are looking for their first home or they are only working in the area for a limited time, this is an option that will provide a place to live that is not over committing.
As long as the rent for the unit is paid in a timely fashion, the lease will renew every month, which will make it easy for the tenant to continue living in the unit. Both parties will be able to end the lease, but according to the Idaho statute § 55-208, there must be a period of at least single month (30 days) for the landlord or the tenant to cancel the agreement before the property is vacated. This should be enough time for the tenant to find a new location to live and the landlord to find a new tenant to live in the unit.
How to Write a Month-to-Month Lease Agreement in Idaho
Since this is a rental lease agreement that is slightly different than a traditional one, it is important that all of the terms are laid out in this document. It should cover tenant expectations as well as the actual terms of what needs to be paid each month. Some of the included information in this document should be:
As with most residential rental agreements, the first thing that is going to be discussed on the document is the parties that are going to be entering the agreement. This will include the first and the last name of the person renting the unit as well as the name of the landlord or the management company that is in charge of the unit. If there is more than a single tenant moving into the space, it is important that all of their names are listed as well. Some documents will ask for a middle name or initial as well.
The current address of the tenant will need to be provided in this section as well as the address for the landlord or the management company. In addition, a phone number where both parties can be reached will also need to be placed in this section of the document.
After the parties that are involved in the agreement are stated, the property that is going to be rented will need to be identified as well. This will include the full street address, which should include the city and the county that it is located in. If there is an apartment or a unit number that needs to be taken into account, then is should be listed in this section as well. Also, make sure to note any identifying features of the property, cross streets, and whether storage space will be provided for the tenant.
Terms of the Lease
Once all of the pertinent information about the parties and the property has been discussed, it is time to move on to the terms of the actual agreement. The first thing that should be discussed in this section is the actual rent that the tenant will need to pay each month. In some locations, the rent for a month-to-month lease may be a bit higher than a traditional lease, but if this is the case, it can often be negotiated between the landlord and the tenant.
In addition to the actual rent that is due each month, the date that it is to be paid should be written in this section and when it will be considered to be late. If there is a fee for a late or a returned check, it should be placed in this section as well so that there is no confusion down the road about what is owed. Make sure that the date that the agreement begins is clearly stated in the document as well as the end date of the first month.
In the state of Idaho, this type of lease is often referred to as a tenancy at will, which means there is no end date to the lease. According to the statute § 55-208, both parties will need to let the other party know with a 30-day notice that they are planning on terminating the terms of the lease.
Another aspect of the lease that should be discussed in this section of the document is the security deposit that is owed to the landlord when the tenant first moves in. This amount is not limited by law, but in the state of Idaho, this amount is rarely more than a single month’s rent. This amount is typically used to pay for any damages that occurred to the unit when it was occupied by the tenant, and if there is no damage, they will receive their money back within a period of 21 days after they vacate the property.
With a month-to-month rental agreement, some of the things that most tenants come to expect will need to be listed in this document so that they can be sure that they are allowed the same things as they would when they sign a yearly lease or more. Some of the concerns that should be included are:
- Pets: In Idaho, the rules for having a pet in a unit will vary a bit. Some of the landlords will not permit animals to be on the property at all. Others will prefer to limit the number of pets that a resident may have in their unit, and some will even only permit certain breeds or types. If there are any rules about the pets that are permitted on the premises, they will need to be listed in this document.
- Parking: Many people rely on their own vehicles to travel from place to place in Idaho, especially if they do not live in a major city. Because of this, many tenants will want to make sure that they have a place to park when they come home at night. Some properties will have a lot where all of the residents can park, but others may have designated parking spots that are set aside for each unit.
- Quiet Time: To respect the other residents who live on the property, a landlord will often set a quiet time that states that the tenants will not be able to make loud noises or move furniture after a certain time at night or before a certain time in the morning. Usually, these times are reasonable so that everyone can get the sleep that they need each night. If there are rules about quiet time, they will need to be written in this document.
- Maintenance and Alterations: With any rental property, the tenant is going to expect the landlord to take care of any maintenance needs that they have. If there is anything that the tenant will need to take care, it needs to be addressed in this section of the document. In addition, an emergency number should also be provided so that the tenant knows who to contact if there is a leak or an issue with the heat late at night. One of the main alterations that is done with a rental property is adding a lock. Address whether this is permitted or not on this premise in this section. Most landlords will allow it, but they will also request a key for the new lock as well.
- Balconies: If there are balconies on the premises, then there are most likely rules about what the tenants can use them for. Many landlords will not permit the space to be used for storage, for grilling, for hanging clothes, or cleaning rugs, but to make sure all of the regulations for the balcony are understood, they need to be listed here.
- Grilling: Typically there will be a designated area for grilling on the property if it is permitted, so make sure to fully explain where it can be done as well as if there are any rules about when this can be done.
- Bicycles and Scooters: Kids typically love to ride on these types of things, but they are even used by adults to get from place to place when the weather is nice. If there is a place where these types of items can be stored on the property that makes them more accessible, then it should be listed here as well.
To close the agreement, the final thing that is going to be required on the document is the signatures of the tenant and the landlord. Both parties will need to print their full name as well as sign and date the document. If there is more than one tenant, all of them will be required to sign.