An Idaho month-to-month lease agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of an Idaho Month-to-Month Rental Agreement
In Idaho, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Idaho landlord tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Idaho
Idaho landlords may not rent a property out without making the following disclosure(s) to a potential tenant, as relevant:
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Idaho
Idaho lets both the landlord or tenant end a month-to-month lease with at least one month of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
Required Notice To Raise the Rent on an Idaho Month-to-Month Lease
Idaho requires at least 15 days of advance notice for a month-to-month lease before any substantial changes in lease terms. This includes rental increases. Notice must be delivered in writing.
Eviction in Idaho Month-to-Month Rentals
Idaho tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Idaho typically take 1 week to 2 months, but can take longer.
For more information on the eviction process in Idaho, click here.
Sources
- 1 Idaho Code § 55-208
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A tenancy or other estate at will, however created, may be terminated:
(1) By the landlord’s giving notice in writing to the tenant, in the manner prescribed by the code of civil procedure, to remove from the premises within a period of not less than one (1) month, to be specified in the notice; or
(2) By the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice.
Source Link - 2 Idaho Code § 55-307(1)
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In all leases of lands or tenements, or of any interest therein from month to month, the landlord may, upon giving notice in writing at least fifteen (15) days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent and conditions specified in the notice if the tenant shall continue to hold the premises after the expiration of the month.
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