Idaho Residential Lease Agreement

Important Information for Idaho Landlords

Idaho Rental Law Highlights

Security Deposits (Idaho Code § 6-321)

• Maximum Amount: No statutory limit (market determines)
• Return Timeline: 21 days after tenant vacates, or 30 days if deductions (Idaho Code § 6-321)
• Itemized Statement: Required if any deductions are made
• Interest Required: No statutory requirement to pay interest
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Penalties: Liable for deposit plus damages if wrongfully withheld

Rent and Rent Increases

• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically stated in lease
• Rent Increase Notice: 30 days for month-to-month tenancies (customary)
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: Idaho does not have rent control laws

Required Disclosures

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord’s name and address for notice purposes
• Move-in condition documentation (recommended)
• Smoke detector information
• Any known defects or issues with the property

Eviction and Termination (Idaho Code § 6-303, 6-310)

• 3-Day Notice: For nonpayment of rent (Idaho Code § 6-303(2))
• 3-Day Notice: For lease violations (Idaho Code § 6-303(1))
• 30-Day Notice: To terminate month-to-month tenancy (customary)
• Court Process Required: Must file unlawful detainer action
• No Self-Help: Lockouts and utility shutoffs are illegal

Landlord Obligations (Idaho Code § 6-320)

• Habitability: Must maintain premises in fit and habitable condition (Idaho Code § 6-320)
• Essential Services: Must provide functioning plumbing, heating, hot water
• Compliance: Must comply with applicable building and housing codes
• Structural Integrity: Maintain in safe condition
• Smoke Detectors: Required in all dwelling units
• Common Areas: Keep clean and in good repair
• Repairs: Must make necessary repairs within reasonable time

Entry Requirements (Idaho Code § 6-321)

• Notice Required: Reasonable notice required (typically 24 hours, though not statutorily specified)
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants
• Court Order: May enter pursuant to court order

Tenant Rights and Protections

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to reasonable notice before entry
• Security Deposit Protection: Must receive deposit or itemization within 21-30 days
• Repair Rights: May make repairs and deduct from rent under certain conditions
• Military Service: SCRA protections for active duty members

Idaho-Specific Considerations

Security Deposit Return Timeline (Idaho Code § 6-321)

• 21 days to return deposit if no deductions
• 30 days to return deposit with itemized statement if deductions made
• No statutory maximum on deposit amount
• Landlord liable for deposit plus damages if wrongfully withheld
• Tenant must provide forwarding address

Short Eviction Notice Periods (Idaho Code § 6-303)

• Only 3 days notice for nonpayment of rent
• Only 3 days notice for lease violations
• One of the shortest notice periods in the nation
• Notice must be in writing
• Provides less time for tenants to cure violations

Habitability Requirements (Idaho Code § 6-320)

• Landlord must maintain in habitable condition
• Must comply with building and housing codes
• Must provide functioning plumbing, heating, hot water
• Must maintain structural integrity
• Tenant has right to repair and deduct under certain conditions

No Specific Entry Notice Requirement

• Idaho law requires “reasonable” notice but doesn’t specify exact timeframe
• 24 hours is customary and recommended
• Must be during reasonable hours
• Emergency entry allowed without notice
• Best practice: provide written 24-hour notice

Smoke Detector Requirements

• Smoke detectors required in all dwelling units
• Landlord responsible for installation and ensuring functionality at move-in
• Tenant responsible for battery replacement
• Tenant must notify landlord immediately of defects
• Carbon monoxide detectors recommended but not always required by state law

Fair Housing Requirements

Best Practices for Idaho Landlords

• Use comprehensive written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Document property condition at move-in and move-out
• Return deposits within 21 days (or 30 days with itemization) (required)
• Disclose landlord’s name and address for service of notices
• Provide reasonable notice (24 hours) before entering property
• Keep detailed records of all transactions and communications
• Respond promptly to repair requests
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors
• Never use self-help eviction methods
• Follow proper court procedures for evictions (unlawful detainer)
• Consider landlord insurance with loss of rent coverage

Idaho Climate Considerations

• Four Seasons: Cold winters, hot summers require working HVAC
• Winter Weather: Heavy snow in some areas; heating system critical
• Temperature Extremes: Can range from below 0°F to over 100°F
• Dry Climate: Generally low humidity; different issues than humid climates
• Wildfire Risk: In some areas; proper maintenance important
• Insulation: Critical for energy efficiency in variable climate

Boise and Urban Area Considerations

• Local Ordinances: Additional requirements in Boise and other cities
• Rental Registration: Some cities may require landlord registration
• Certificate of Occupancy: May be required in some jurisdictions
• Lead Paint: Prevalent in older housing stock; proper disclosure critical
• Rental Inspections: Some municipalities require periodic inspections

Rural Property Considerations

• Well Water: Landlord typically maintains well system
• Septic Systems: Clarify maintenance responsibilities
• Propane/Heating Oil: Specify who pays and maintains
• Agricultural Land: Include specific provisions if applicable
• Private Roads: Specify maintenance responsibilities
• Snow Removal: Critical in rural areas with long driveways

Resources

• Idaho Code – Title 6, Chapter 3 (Landlord and Tenant)
• Idaho Code – Title 55, Chapter 3 (Property in General)
• Idaho State Bar – Real Estate Section
• Idaho Legal Aid Services
• Idaho Housing and Finance Association
• Local magistrate courts (for unlawful detainer proceedings)
• Idaho Apartment Association