Owning rental property in Idaho comes with plenty of rewards — and just as many responsibilities. A clear and well-structured Idaho lease agreement is the foundation for protecting both your investment and your peace of mind.
Whether managing a single-family home in Boise or an apartment complex in Coeur d’Alene, taking the time to create a lease agreement that follows Idaho law helps prevent misunderstandings and ensures smoother tenant relationships.
Disclosures (1)
Transparency is one of a landlord’s best risk-management tools. Idaho law requires landlords to share certain information with tenants, including details that clarify lease terms, identify property managers, and disclose any known safety issues. Including these items helps you stay compliant and maintain trust with renters from the beginning.
- Lead paint: Federal law requires landlords to disclose any known information about lead-based paint or its hazards in homes built before 1978.
Optional Disclosures and Addenda
While not mandated by Idaho law, adding extra disclosures is a smart way to head off future disputes. Outlining these expectations in your rental agreement helps to set clear boundaries and minimize gray areas that could cause tension later.
Asbestos: Informs tenants if there is any asbestos in the unit, as well as tips to minimize exposure.
Bed bugs: Informs tenants if there is any history of bed bug infestation in the unit or adjacent units.
Landlord’s name and address: Shares the name and address of the landlord or the person authorized to manage the unit.
Late/returned check fees: Outlines fees for late or returned checks related to rent payments. In Idaho, there is no limit on late fees. Returned check fees are capped at $20 per check plus 12 percent annual interest, from the date of dishonor (Id. Code § 28-22-105).
Medical marijuana use: Details the acceptable use of medical marijuana on the property, including any limitations or restrictions on its use.
Mold disclosure: Tells tenants about any known mold issues in the unit, including treatment and remediation options.
Move-in checklist: Records the condition of the unit at move-in, including any existing damages. Landlords use this checklist at move-out to compare conditions and calculate deductions.
Non-refundable fees: Outlines any non-refundable fees that are in the lease.
Shared utilities arrangement: Sets terms for dividing utility costs for any units that share a meter.
Smoking: Details the smoking policy in the unit, as well as any designated smoking areas that are on the property.
Consequences of Not Including Mandatory Disclosures
Leaving out required disclosures can expose landlords to costly disputes or even invalidate parts of the lease. Missing a key notice might even give a tenant grounds to break the lease agreement or challenge your compliance in court.
Security Deposit Regulations in Idaho
Security deposits are a necessary safeguard, and also one of the most common sources of conflict between landlords and tenants. Idaho’s laws specify how landlords must handle deposits, from collection to return.
Maximum amount: There is no limit on the amount landlords can charge as a security deposit in Idaho.
Deposit receipt: State law does not require landlords to provide tenants with a receipt for their security deposit, but it is good practice to do so. If a third party manages the rental, they must hold the funds in a separate account at a federally funded financial institution (Id. Code § 6-321(4)).
Security deposit return: Unless otherwise specified in the Idaho lease agreement, landlords must return a tenant’s security deposit, minus any deductions, within 21 days. If the lease specifies a different time period, it cannot exceed 30 days (Id. Code § 6-321(1)).
Deductions: Landlords may withhold deductions from a security deposit for damages outlined in the lease, and they must provide an itemized list of the charges. Landlords may not withhold deductions for cleaning or normal wear and tear (Id. Code § 6-321(1)).
Rent Payment Regulations
Late payments and unclear due dates can quickly derail a landlord-tenant relationship. Idaho allows flexibility in how rent is collected, but consistency is key. Setting clear payment terms, acceptable methods, and late-fee structures within your lease agreement protects your cash flow and reduces confusion for tenants.
Rent control/stabilization: Rent control and stabilization do not exist in Idaho. For a month-to-month lease, landlords must notify tenants of the planned rent increase by the 15th of the month at the latest. Furthermore, state law prohibits any local community from enacting its own rent control laws (Id. Code § 55-307).
Late rent fees: There is no limit to the amount Idaho landlords can charge as a late fee. The lease agreement should clearly outline this fee to ensure it is enforceable.
Grace period: Idaho does not have a required grace period for late rent payments.
Tenant’s right to withhold rent: Tenants may not withhold rent for any reason in Idaho. However, if a landlord fails to handle a necessary repair, they may be able to terminate the lease early.
Violations
When tenants violate the rental agreement, landlords must act within Idaho’s legal framework. Knowing the proper steps for issuing notices or beginning eviction proceedings ensures you stay compliant while protecting your investment.
Lease violation: For most lease violations, Idaho landlords may issue a 3-day Notice to Cure or Quit. However, for significant damage to the property or an unauthorized sublease, landlords can issue a 3-day Notice to Quit (Id. Code § 6-303).
Missed rent payment: If a tenant misses a rent payment, the landlord can issue a 3-day Notice to Pay or Quit (Id. Code § 6-303(2)).
Lease abandonment: If a tenant attempts to abandon their lease before the end of its term, they may face serious consequences, including financial responsibility for the remainder of the lease, forfeiture of the security deposit, and potential civil lawsuits.
Self-help evictions: In Idaho, landlords should never attempt self-help evictions or attempt to remove tenants from the unit on their own. Evictions should go through the proper legal process.
Terminating a Lease
Terminating a lease agreement requires careful planning and effective communication. The proper process will help keep the transition professional and avoid potential claims of wrongful termination.
Standard lease: To terminate a fixed-term lease early, tenants must meet a qualifying condition, such as active duty military service, uninhabitable living conditions, or landlord harassment or retaliation.
Month-to-month: Either a landlord or a tenant can terminate a month-to-month rental agreement with 30 days’ written notice (Id. Code § 55-208).
Property abandonment: Idaho does not have specific legislation that outlines what tenants should do with property left behind by tenants.
Renewing a Lease
A lease renewal offers stability and continued income, but it also provides a chance to revisit terms, adjust rent, and confirm that both parties still fit the arrangement. Idaho landlords who stay proactive with timely renewal offers often experience smoother transitions and lower turnover rates.
Notice requirements: For month-to-month rental agreements, landlords must give at least 30 days’ notice if they do not plan to renew the lease. For fixed-term leases, the agreement will terminate at the end of the lease; no additional notice is required.
Renewals: Idaho landlords are not required to renew a lease at the end of its term. However, they may not refuse to renew the lease based on discrimination or retaliation.
Landlord’s Access to Property
Even when it’s for maintenance or inspections, accessing a tenant’s home requires balance. Idaho law protects tenant privacy while granting landlords the right to enter with proper notice. Respecting that boundary builds trust and ensures compliance with state regulations.
Immediate access: In emergencies, landlords are not required to give notice before entering the property.
Notice requirements: No state law mandates the amount of notice landlords must give before entering the unit; however, the notice should be reasonable and only for legitimate reasons, such as repairs or maintenance.
Harassment: Landlords can be liable for harassment if they repeatedly enter the unit without just cause or without giving notice. In these cases, tenants may potentially end their lease early without penalty (Id. Code § 6-324).
