In Idaho, renting out a room in your home is often about sharing space in ways that work for everyone involved. Whether the arrangement is temporary or long-term, a room rental agreement in Idaho is important to prevent misunderstandings and clarify expectations from the start.
An Idaho lease agreement lays out important details about the room rental and the rights and responsibilities of you and your tenant. Here, we’ll take a closer look at everything you need to know about renting out a room in your Idaho home.
Room Rental Laws
Idaho landlord-tenant law oversees almost all aspects of your room rental agreement, including:
- Security deposits
- Rent and fees
- Access and privacy
- Maintenance and habitability
- Lease terms and termination
- Eviction and breaches
You can choose the type of room rental agreement in Idaho that best suits you.
Different Types of Room Rental Agreements in Idaho
The type of room rental agreement in Idaho that is right for you will depend on your and your tenant’s needs and preferences.
Verbal agreement: A verbal agreement is simply a spoken agreement between you and your tenant. Verbal agreements are often difficult to prove and rarely hold up in court, so we discourage their use.
Fixed-term lease: A fixed-term lease agreement is valid for a specified period, most often 1 year. These arrangements are good if you want stability and reliability.
Month-to-month lease: A month-to-month room rental agreement, also called a tenancy at will, renews each month until you or your tenant gives notice to terminate. This type of arrangement is best if you want flexibility in your lease terms or are uncertain of your plans.
Required Landlord Disclosure
Idaho landlords must disclose certain information to tenants before a lease is signed.
Lead-based paint: For any home built before 1978, you must disclose any known information about lead-based paint and its hazards and provide the required EPA pamphlet.
Security Deposit Rules
Idaho law allows you to charge your tenants a refundable security deposit to help cover future expenses for unpaid rent or excessive damage.
Maximum security deposit: There is no state-mandated limit to what you can charge as a security deposit, as long as you clearly outline the fee in your lease agreement (Id. Code § 6-321).
Pet deposits: Idaho landlords may charge a pet deposit as part of the overall security deposit if the lease agreement allows it (Id. Code § 6-321).
Security deposit receipt: You do not have to issue a receipt for your tenant’s security deposit in Idaho. If an outside party manages your rental, you must store funds in a separate account in a federally insured financial institution (Id. Code § 6-321(4)).
Deduction tracking: Idaho landlords may deduct from the security deposit to cover unpaid rent or excessive damages. If you withhold deductions, you must provide your tenant an itemized list of the charges (Id. Code § 6-321(1)).
Security deposit return: In most cases, you must return your tenant’s security deposit, minus any deductions, within 21 days of lease termination (Id. Code § 6-321(1)).
Rent Payment Rules
Clear rent payment terms help avoid disputes in a room rental agreement in Idaho.
Late rent fees: There is no limit to what you can charge as a late rent fee, but you must clearly outline the fee in your lease agreement.
Right to withhold rent: Idaho tenants may not withhold rent for repairs; however, they may cancel their rental agreement if you fail to provide a habitable environment.
Grace period: State law does not require you to offer your tenants a grace period for late rent payments.
Pet rent: You may charge a separate pet rent in addition to the deposit; however, your lease agreement must clearly outline the fee.
Rent Payment Increase Rules
Idaho law allows you to increase the rent as necessary. Here’s what you need to know.
Rent payment increase frequency: For fixed-term leases, you cannot increase the rent until the end of the term, unless the room rental agreement in Idaho states otherwise. For a month-to-month rental agreement, you must give your tenant at least 15 days’ written notice before increasing rent (Id. Code § 55-307).
Rent payment increase maximum: There are no statewide limits on how much you can increase rent, but you must give your tenant proper notice.
Rent control/stabilization: Idaho does not have rent control or stabilization laws.
Idaho Room Rental Agreement Breaches
If your tenant violates any part of their room rental agreement, Idaho law outlines the steps you can take.
Failure to pay: If your tenant misses a rent payment, you may issue a 3-day Notice to Pay or Quit (Id. Code § 6-303(2)).
Lease violations: For most other lease violations, you may also issue a 3-day Notice to Cure or Quit. For more serious violations, however, you may issue a 3-day Notice to Quit, which doesn’t give them a chance to remedy the issue (Id. Code § 6-303).
Self-help evictions: In Idaho, self-help evictions are illegal. All evictions must go through the full legal process.
Terminating an Idaho Room Rental Agreement
If either you or your tenant wants to terminate your room rental agreement in Idaho, you must give the required notice.
Fixed-term: A fixed-term room rental agreement in Idaho ends on the date specified in the lease. However, certain life events allow a tenant to terminate a fixed-term agreement, including active-duty military service, domestic violence, landlord harassment, and retaliation.
Month-to-month: To terminate a month-to-month Idaho room rental agreement, you or your tenant must give the other party at least 30 days’ written notice (Id. Code § 55-208).
Tenant’s right to terminate: Tenants may terminate their room rental agreement in Idaho if they experience certain life events, such as active-duty military service, domestic violence, landlord harassment, or retaliation.
Room abandonment: If a tenant abandons their lease early, they are often held financially responsible for the remainder of the lease term.
Landlord Access Laws
You must balance your responsibility to maintain the room with your tenant’s right to privacy.
Advance notice: There is no specific notice requirement you must give your tenant; however, the notice period should be reasonable, and you should only enter for routine maintenance or repairs.
Immediate access: In an emergency, you may enter the room without prior notice.
Landlord harassment: If a landlord enters the unit without just cause or without giving sufficient notice, it is often considered landlord harassment. In these cases, your tenant can pursue early lease termination (Id. Code § 6-324).
Lease Agreement Renewal and Termination
Whether you decide to renew or terminate your Idaho room rental agreement, you must follow the laws set by the state.
Required renewals: You are not required to renew an Idaho room rental agreement at the end of its term.
Required notice: Landlords must provide at least 30 days’ written notice to terminate a month-to-month room rental agreement. Fixed-term leases, on the other hand, end on the date specified in the lease. No additional notice is required (Id. Code § 6-324).
Month-to-month considerations: If you do not intend to renew your tenant’s month-to-month room rental agreement in Idaho, you must give your tenant at least 30 days’ written notice (Id. Code § 6-324).
Room Rental Agreement Idaho FAQs
What to include in an Idaho room rental agreement?
Your room rental agreement in Idado should outline key information about the rental relationship. To avoid confusion later, include specifics about rent and due dates, security deposits, rental rules, and more.
How do I legally rent out a room?
Renting out a room in your Idaho home requires you to follow all local, state, and federal laws. You can create a legally compliant rental agreement using property management software that includes all of the required disclosures for your state.
How to make an Idaho room rental agreement?
The easiest way to create an Idaho room rental agreement is to use a trusted property management software. You can use this platform to select a printable PDF template, customize it, and have your tenant sign it.
