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Read further to learn more about residential lease agreements in Idaho, such as what disclosures are required and what else should be included.
What is a Residential Lease Agreement?
A residential lease is a legally binding agreement between a landlord and a tenant who intends to rent a specific property. It is an all-inclusive document created to outline the expectations of both parties and address any special circumstances that may arise during the length of the agreement. It also clearly states the potential consequences for not adhering to the stated terms. For maximum legal credibility, it is critical that this document be produced in writing, reviewed and signed by both parties prior to occupancy.
Before reviewing and signing a residential lease agreement, a landlord will likely ask a potential tenant to complete an application form to begin a background and credit check. If these assessments are met with approval, then the process of renting the property may continue. Applicable rent, security deposits and fees will be paid by the tenant, and the residential lease will be signed by both parties. The tenant may take occupancy on the date indicated in the residential lease.
Idaho Residential Lease Agreement Elements
When a tenant is interested in signing a lease agreement with a landlord in the state of Idaho, there are going to be a few aspects of the rental that will need to be covered. To make sure that the agreement is adequately written, some of the elements that will need to be discussed are written below. Once all of these topics have been discussed between the two parties, they will both need to sign and date the agreement to indicate that they agree and make the arrangement legal in the eyes of the state. Some of the most essential parts to include in any rental agreement are:
Introduction of the Lease and the Parties
At the top of any residential lease agreement, one of the first items that should be defined on the document is the parties that the agreement is between. This will include the full name of the landlord and the management company that they are dealing with if there is one. It will also include the full name of the tenant that is moving into the unit. Most of these contracts will even ask the tenant to provide a middle name or an initial in this part of the document. In addition to the names of each party member, a phone number for each should be listed as well so that they can easily be contacted if the need arises.
Other information that can go in this section is the details of the specific property that is being rented out. This could include the exact address of the unit as well as any identifying features of the property. Make sure to list the crossroads, the county, the city, and the unit number if they apply to the property as well.
Terms and Any Occupation Limits
After the basic information about the parties and the property has been discussed in the document, the next section should cover the terms of the lease and any other pertinent information about the rental that should be covered. To start, the type of property that is being rented as well as the number of bedrooms and bathrooms that the unit has should be listed here. In the state of Idaho, this may include additional information such as whether there is a storage space or a pool on the property.
This section is designed so that the tenants and the landlord can list the issues that need to be repaired in the unit before the day that they move in. If the carpet needs to be replaced, the appliances need to be updated, or something else needs to be repaired, it should all be written in this section so that it is understood by both parties that it needs to be done before the tenant moves into the unit.
Some units in the state of Idaho are only designed to be used by a certain number of tenants, so if the landlord has limitations on the number of residents that can live in the unit, it needs to be clearly stated here so that the tenant does not get caught unaware. Guests are permitted to stay, but long term guests can incur a fee that the tenant must pay for them to reside in the unit for longer than a month.
Rent and Utilities
After all of the rental terms have been discussed, it is time to get down to the money portion of the agreement. This section should start by listing the dates that the residential lease begins and ends. This will be important as well as the information about how much rent is required to be given to the landlord each month for the rental agreement. Also, include the day of the month that the payment is due so that the rent can be paid on time. Make sure to mention the day that the rent is considered late and whether or not there is a late fee that will be tacked onto the payment if it is received after that point.
If the rent is late continuously, then it is important to note that some landlords will request the next few payments to be made with a money order or a bank check. This may also be requested when a check is returned for nonpayment. In addition, the information about renewing the lease should also be included in this section of the document. It this state, the agreement can be set to automatically renew, or there may be steps that the tenant will need to follow in order for the lease to renew. Any and all steps that the tenant will need to follow to remain in the unit will need to be explained in this section of the agreement.
When it comes to utilities, the tenant is going to be responsible for paying the majority of the bills for the unit that they are living in. However, some of the utilities may be paid by the landlord on certain properties. If this is the case, any of the utilities that will be covered by the landlord will need to be clearly stated so that the tenant knows exactly what they are responsible for. Make sure to clearly state all of the typical utilities that a tenant will need, and provide information for local companies that can provide the service to them.
Security Deposits and Other Fees
Another aspect of a new rental agreement that many tenants will want to know about before they sign the document is the security deposit that is required for the property. It is important to note that there is no upper limit that is set by the state of Idaho for a security deposit. This means that the landlord can charge whatever they would like to before the tenant moves in. This amount should be reasonable so that tenants are interested in the unit. The amount that is secured by the landlord for the security deposit will be held back for when the tenant vacates the property.
If there is any damage that needs to be repaired when the tenant moves out, this money will be used for that. If there are no repairs needed, then the landlord is required to return the money to the tenant within a period of 21 days from when they vacate the premises. The state of Idaho will allow the landlord a period of 30 days to return the security deposit, but to get this allowance, it must be clearly stated in the lease agreement before it is signed.
If the tenant has pets that are going to live in the unit with them, then there is a possibility that the landlord will add an additional security deposit on to what is owed for the initial payment for the pet. This amount is traditionally much smaller than the actual security deposit, but it is used for repairing and cleaning pet stains and other issues caused by the pets on the premises.
Another fee that some landlords will place on their tenants is a parking fee. IN the state of Idaho, many renters will have a vehicle that they will need to park near where they live. If the tenant is going to be parking in a designated location, the landlord may charge a small fee to make sure that the spot is reserved for them. If there are any rules about parking that needs to be discussed, they can be written in this section of the document as well.
Maintenance, Alterations, Repairs
When it comes to maintenance and repair needs, the tenant is going to need to know f there is a method or steps that they need to follow to get the landlord to do work on the property. Anything that needs to be taken care of right away will need to be listed in the document so that the landlord can take care of it before the tenant moves in. Repair needs that need to take place after the tenant moves in will need to be listed in this section as well. This will include the steps that need to be done as well as the amount of time that the tenant should provide the landlord to fix the issue.
When it comes to alterations, one of the main alterations that many tenants will most likely consider is the need for a second lock on the door. This is a concern that can give the tenant peace of mind and more security in a new location. If there are any rules or restrictions that a new tenant needs to be aware of when it comes to changing or adding locks to the door, they need to be listed in this section. Many landlords will permit a new lock to be added to the door, but they may request to be given a key to the lock so that they can still have access to the unit if they need it.
When other alterations need to be done to the unit, some landlords will permit the tenant to make the necessary changes on their own, and then reimburse them when the job is done. This could mean a discount on the next month’s rent or a refund check that the landlord provides the tenant after the repairs are taken care of. If there is a specific way that the tenant needs to request repairs and maintenance concerns, it needs to be listed in this section as well.
Some landlords will not permit the tenant to paint the unit without authorization, so if there are specific rules that must be followed, then there should be a section that describes how often the walls in the unit will be painted and when they can be requested to be taken care of again. The same request can be made if the carpeting, the light fixtures, or the appliances need to be changed or updated in the unit.
Notice of Entry and Access to the Unit
In most states, there is a law that will state that the landlord must provide the tenant with a notice to inform them that they are going to need access to the unit to do an inspection or some maintenance work. In the state of Idaho, there is no specific law that will require the landlord to provide a certain amount of notice when they need entry. This means that they could come by the unit at any time to do what needs to be done, but the tenant may not be home to accommodate their needs.
Since the landlord will have keys to the premises, they will be able to gain entry into the unit when the tenant is not home, but without prior notice, the relationship between the tenant and the landlord is not likely to remain healthy. If the landlord would like to enter the unit when the tenant is not home, requesting key access would be recommended.
When a tenant has a pet or two that they would like to live in the unit with them, they will need to run it by the landlord before they actually move in. Since many landlords know that pets are a common issue in the state of Idaho, it is important that the rules and regulations that pertain to having a pet on the premises are laid out in this section.
The landlord will need to state whether or not pets are permitted on the property, and if there are any limitations that they should be aware of. Some landlords do not allow dogs on the property. Others may only allow one or two animals in each unit. If there are concerns about specific breeds living on the property, they must be listed here as well. This will provide all of the information that pet owners have for right now and in the future when they may be considering adopting another pet.
In addition to the security deposit for pets that was discussed earlier in this document, some landlords will request that the tenant pays a certain amount of rent for each animal that is staying in their unit. When there is more than one pet, the fee can add up quickly, especially if the landlord asked for $25 to $50 or more for each pet. Some landlords may not request the tenant pays an amount monthly that covers the pets; instead, a fee that is paid once may be asked so that it can be held to make repairs that are needed from the pets living there.
Legal Restrictions and Rules
This section is designed to provide any information to the tenant that they will need to know about before they are going to be moving onto the property. This is information will help to prevent legal action from occurring in the future. For example, information that can be put in this location could include things like having hazardous material on the property. This is never permitted because it can be dangerous to all of the residents who live on the property.
Any building that was first established before the year 1978 will also need to have a disclosure with the rental agreement that will inform tenants that there may be lead-based paint on the property. This can be dangerous to young children and pregnant women, so it is imperative that the tenant knows about it if it is a concern.
Any regulations that have to do with smoking in or around the building should also be addressed here. If a tenant smokes, they cannot be refused the unit, but their habit can be restricted to certain areas on the property. Also, if there are any rules about excessive noise on the property, the quiet time that is used on the premises for other tenants will need to be listed in the document as well so that all of the tenants are on the same page when it comes to noise. When a tenant has guests visiting their unit, the tenant is responsible for making sure that they keep the noise down and follow the other rules of the property.
The final section of the Idaho residential lease agreement that will need to be filled out is the signature section of the document. This is the location where both parties will sign and date the agreement to indicate that they have read and understood all of the terms. The names of the parties must also be printed in this section, and if there is a guarantor that is needed for the rental, their signature and the date will be required in this section as well. Once the document is signed by all of the parties, it will become a legally binding agreement.