The Idaho rental agreements are documents written between a landlord overseeing a real property and the tenant who will use it in exchange for regular payments (“rent”). These contracts include terms and conditions about the use of the property, but they must comply with Idaho landlord-tenant law.
Idaho Rental Agreement Types
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Idaho Required Lease Disclosures
- Lead-Based Paint Disclosure (required for some) – For the safety of new tenants, any Idaho property that was built before 1978 is required to include a lead-based paint disclosure in or alongside the lease that includes a disclosure form, informational pamphlet from the EPA, and a report of existing hazards.
To learn more about required disclosures in Idaho, click here.
Idaho Landlord Tenant Laws
- Warranty of Habitability – Idaho requires landlords in the state to provide tenants with hot and cold water, HVAC, plumbing, electrical, sanitation facilities, and more. When a repair is requested, the landlord must perform repairs within 3 days. The tenant may not withhold rent or use the repair and deduct method, unless they are installing or repairing a smoke detector.
- Evictions – Idaho landlords may evict tenants for a number of reasons including, but not limited to failure to pay rent, a violation of a leasing term, committing waste or committing an illegal act. Landlords must provide tenants with prior notice to pay, comply or quit, depending on the type of eviction.
- Security Deposits – Idaho does not currently limit how much its landlords can charge for a security deposit. However, any funds collected (and unused) for this purpose must be returned to the tenant 21 days after they move out.
- Lease Termination – Idaho tenants must provide 1 month of notice prior to breaking a month-to-month lease. However, they may be able to terminate the lease in less time with the following circumstances: active military duty, domestic violence, landlord harassment, habitability issues, etc.
- Rent Increases & Fees – Idaho landlords may increase rent at any time; however, any rent increases in Idaho must be preempted by a 30-day notice period. With regards to late fees, Idaho landlords can charge any amount due to the lack of state law, but bounced check fees are limited to $20 or 12% of a rent payment returned for insufficient funds.
- Landlord Entry – Idaho’s laws do not establish a landlord’s right to enter, and tenants are not required to give the landlord access to the property to make necessary repairs unless it’s written in the lease.
- Settling Legal Disputes – Idaho allows landlords and tenants to resolve recent disputes (within 4 or 5 years for oral and written contracts, respectively) in the state’s small claims court. Eviction cases are not heard here, but other cases valued at up to $5,000 are.
To learn more about landlord tenant laws in Idaho, click here.
