An Idaho month-to-month lease agreement is all about keeping options open. This type of agreement allows a tenancy at will to continue from one month to the next automatically without a fixed end date. This type of arrangement must still comply with all federal and state laws and requires proper notice to change or terminate the agreement.
An Idaho month-to-month lease agreement puts all of these details in writing, so both landlords and their tenants know where both parties stand from the beginning. Read on to find out everything landlords need to know about this type of residential rental agreement.
Disclosures (1)
Idaho law leaves disclosures primarily to the landlord’s discretion; however, Federal law still applies.
- Lead-based paint: Federal law says landlords must provide any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also give their tenant a copy of the EPA’s lead safety pamphlet.
Optional Disclosures and Addenda
Even though they are not legally required, landlords should consider providing their tenants with the following disclosures to help clarify any confusion and prevent disputes.
Asbestos: Discloses any asbestos present in the unit and offers tips to minimize exposure.
Bed bugs: Informs tenant of any known or suspected bed bug infestations in the unit or in adjacent units.
Landlord’s name and address: Provides their name and address for the tenant, in case they need to get in touch with you.
Late/returned check fees: Explains the fees for late or returned rent checks. Idaho does not have laws governing late fees, so landlords may charge any reasonable amount that is clearly disclosed in the lease template. State law caps returned check fees at $20 per check, plus 12% annual interest from the date of the bad check (Id. Code § 28-22-105).
Medical marijuana use: Outlines the acceptable use of medical marijuana in the unit, including any restrictions or limitations.
Mold: Informs tenants of any known mold in the unit and provides information on treatment options. The mold disclosure also reminds tenants of their obligation to report any mold they find immediately.
Move-in checklist: Takes inventory of the unit’s condition at move-in, including any existing damage or issues. Use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Disclose any non-refundable fees that landlords charge during the tenancy at will.
Shared utilities: If the unit shares a utility meter with another unit or with a common area, landlords should disclose how they divide and calculate utility costs.
Smoking: Explains the unit’s smoking policy, including any designated smoking areas that are on the property.
Additional Idaho Month-to-Month Lease Laws
Several areas of Idaho law affect month-to-month tenancies. Below, we’ll take a closer look at some of the most common ones.
Notice to Terminate a Month-to-Month Agreement
Notice requirements are a defining feature of most month-to-month rental agreements.
Required notice for tenant: Tenants must give a minimum of 30 days’ written notice to terminate an Idaho month-to-month lease agreement (Id. Code § 55-208).
Required notice for the landlord: Idaho landlords must also give a minimum of 30 days’ written notice to terminate the agreement (Id. Code § 55-208)
Laws Governing Rent Increases
Idaho does not have statewide rent control laws. In other words, landlords can increase the rent by any amount they deem justified. Rent increases are treated as a change in lease terms, meaning landlords must give at least 30 days’ written notice before the increase takes effect.
The increase cannot be to retaliate or discriminate against a tenant.
Lease Violations and Eviction
If their tenant violates any part of the lease agreement, Idaho law guides landlords on how to respond legally to get the rental back on track.
Missed rent payment: If the tenant misses a rent payment, landlords may issue a 3-day Notice to Pay or Quit (Id. Code § 6-303(2)).
Lease violation: For most lease violations, landlords can issue a 3-day Notice to Cure or Quit. For serious property damage or an unapproved sublease, landlords can issue a 3-day Notice to Quit (Id. Code § 6-303).
Lease abandonment: If their tenant abandons their lease before the end of the term, they may be required to pay the remaining rent or face civil penalties.
Self-help evictions: In Idaho, self-help evictions are illegal. All evictions should go through the court system.
Rent Payment Laws
State law also oversees the collection and payment of rent.
Rent control/stabilization: Rent control and stabilization laws do not exist in Idaho.
Late rent fees: Idaho does not limit how much landlords can charge for late rent; however, landlords must clearly outline the fee in their lease template.
Grace period: There is no mandatory grace period for late rent in Idaho.
Tenant’s right to withhold rent: Unlike many states, Idaho does not allow tenants to withhold rent or repair and deduct for rent for any reason. However, tenants can sometimes cancel their lease agreement if the landlord fails to make necessary repairs.
Pet rent laws: Idaho law does not regulate pet rent. Landlords may charge pet rent, provided the fee is reasonable and clearly disclosed in the lease template.
Security Deposits
Most landlords choose to collect a security deposit up front, to cover potential expenses such as unpaid rent or excessive damages.
Maximum amount: Idaho law does not set a maximum amount landlords can charge as a security deposit.
Deposit receipt: Landlords are not required to issue a receipt for their tenant’s security deposit, but it is always considered best practice. If a third party manages their rental, landlords must hold the security deposit funds in a separate, federally insured account (Id. Code § 6-321(4)).
Interest payments: Idaho landlords are not required to pay tenants interest on their security deposits.
Security deposit return: Unless their lease agreement says otherwise, landlords must return their tenant’s security deposit, minus any deductions, within 21 days (Id. Code § 6-321(1)).
Deductions: Idaho law allows landlords to withhold funds from the security deposit to cover unpaid rent or damages beyond normal wear and tear. If landlords withhold any deductions, they must give their tenant an itemized list of the costs when landlords return the security deposit (Id. Code § 6-321(1)).
Property Access Laws
Part of being a good landlord is maintaining one’s property. However, it is also important to respect their tenant’s right to privacy. Here’s how to balance both.
Advance notice: Idaho law does not require landlords to give their tenants specific notice before entering the unit. However, landlords should always give reasonable notice and only enter for maintenance, repairs, or emergencies.
Immediate access: In an emergency, landlords may enter the property without notice.
Harassment: Entering a unit repeatedly without giving notice or a good reason is considered landlord harassment. In these cases, tenants could break their leases early, or landlords could face other penalties (Id. Code § 6-324).
