Idaho Landlord-Tenant Law: Overview of Rights 2024

Known for its sweeping mountain vistas and agriculture, Idaho landlord-tenant law differs from the rest of the country. As a result, both landlords and tenants will benefit from a thorough understanding of the state’s rental regulations.

Read on for a thorough examination of Idaho tenant rights, landlord responsibilities, the state’s lease termination process, and more.

Key Findings: Landlord-Tenant Rights & Responsibilities

Landlords and tenants in Idaho receive certain rights in exchange for fulfilling their responsibilities in the rental relationship. We’ll cover some of the most important points below:

Idaho landlords have the right to:

• Charge an application fee.
• Charge a security deposit.
• Charge rent and late fees for overdue rent.
• Enter the property as necessary.
• Evict tenants as necessary.

Idaho landlords are responsible for:

• Providing safe, habitable housing.
• Completing all necessary repairs.
• Properly storing security deposit funds.
• Returning the security deposit remainder within 30 days.
• Abiding by the terms of the lease.

Idaho tenants have the right to:

• Access safe, habitable housing.
• Receive notice of rent increases.
• Receive notice of the landlord’s intent to terminate the lease.
• Install smoke detectors and deduct the cost from rent payments.
• Receive the security deposit remainder and a statement of deductions.

Idaho tenants are responsible for:

• Paying rent in full and on time.
• Allowing the landlord to access the unit.
• Maintaining the unit aside from normal wear and tear.
• Giving 30 days’ notice of their intent to move out.
• Adhering to the terms of the lease.

Best Practices for Screening Prospective Tenants

Landlords should always screen prospective tenants to understand who will reside on their property. To facilitate this screening, Idaho landlords may charge a rental application fee in any amount; a relatively new Idaho landlord-tenant law prohibits any fee regulations.

As part of the screening process, landlords may consider a tenant’s criminal and credit history. However, these standards must apply equally to all tenants in accordance with the federal Fair Housing Act. Further, landlords must also abide by the Fair Credit Reporting Act rules.

Need to check a tenant’s background? Try TurboTenant’s Tenant Screening feature. It’s free for landlords.

Compliance with Fair Housing Laws in Idaho

State and federal fair housing laws in Idaho ensure that all tenants have the right to seek safe, habitable housing without discrimination related to race, gender, or religion. Landlords must comply with these regulations throughout all parts of the rental process.

What actions are considered housing discrimination?

Many actions are considered housing discrimination, such as refusing to rent, charging a higher rent, or using different screening processes for tenants of a certain race or religion.

Discriminatory advertising, which discourages applicants of specific backgrounds from applying to rent, is also prohibited.

How can discrimination be avoided in rental practices?

To avoid committing housing discrimination, landlords should screen, select, and rent to all tenants equally. Landlords must also be willing to make reasonable accommodations that allow tenants with disabilities to rent the property.

Last, landlords must thoroughly train all staff on following fair housing laws. Landlords can be held legally liable for any discriminatory acts committed by employees, so employees must understand the laws.

What are the repercussions for fair housing violations?

Idaho landlords who break fair housing laws could be subject to financial and legal consequences. Notably, landlords found guilty of violations may face federal fines of more than $100,000 for repeat violations.

If accused of housing discrimination, landlords must gather all evidence to support their case and promptly secure civil legal assistance.

Idaho Lease Agreements

As of 2024, Idaho landlord-tenant law recognizes verbal lease agreements for tenancies shorter than a year. However, the state’s Attorney General recommends utilizing a legally binding, written lease to avoid disputes over the rental agreement terms.

The most commonly used written leases are fixed-term or month-to-month agreements. Fixed-term leases expire on a specified date and must be terminated or renewed. At the same time, month-to-month leases expire and automatically renew at the end of every month until either party decides to terminate the agreement.

Month-to-month leases require a 30-day notice to terminate.

Which lease terms are legally required in Idaho?

According to the Idaho Attorney General, leases should include information about rent payments, the security deposit, lease terms, and the name and address of the owner (and/or their agent). However, lease terms cannot require a tenant to pay entrance or exit fees or obtain permits.

What constitutes legal renting in Idaho?

Idaho rental properties must comply with all relevant safety, health, and building codes. State law requires that landlords provide reasonable weatherproofing and maintain all provided systems — specifically, electrical, plumbing, heating, ventilation, and sanitary — in good working order (Idaho Code Sec. 6-320).

As Idaho does not specify required occupancy standards, landlords may use the federal standard of two people per bedroom.

What tenant documentation is required?

Most landlords ask tenants to provide certain documents, such as a valid ID, proof of income, and consent for a credit check to rent a property. Landlords and tenants should maintain records of all documents related to the rental transaction to preserve their legal standing.

What are the mandatory landlord disclosures in Idaho?

Landlords in Idaho must abide by federal law and disclose the known presence of lead-based paint on the premises. Idaho landlord-tenant law does not specify any additional disclosures.

Failure to disclose lead-based paint information could lead to fines of up to $21,699 for each violation (24 CFR § 30.65).

Security Deposits in Idaho

Security deposits allow landlords to protect themselves and their properties against damages that exceed normal wear and tear and unpaid rent. As such, landlords should always charge a security deposit to protect themselves when entering new contracts.

What are the guidelines for security deposit collection?

Idaho tenant rights do not limit the amount landlords may charge for a security deposit, and a walk-through checklist is not required. However, we highly recommend a checklist to avoid future disputes over the property’s condition.

Landlords also do not need to notify tenants of the deposit’s location. However, certain regulations apply: Deposits managed by a third party must be held in a separate account at a federally insured financial institution (Idaho Code Sec. 6-321).

When can deductions be made from security deposits?

Landlords may use the funds from security deposits to cover the costs of damages that exceed typical wear and tear and the costs of unpaid rent. If the landlord utilizes any of the security deposit, they must create and sign an itemized statement explaining any deductions made.

How should security deposits be returned?

In Idaho, landlords must return any unused portions of the security deposit and the itemized statement within 21 to 30 days of the tenant moving out (Idaho Code Sec. 6-321). Charges against the deposit should be communicated as they happen to avoid future conflict.

Maintenance Responsibilities of Landlords

In Idaho, tenants’ rights state that landlords are responsible for keeping the property and any provided appliances in good working order. This obligation requires landlords to address all necessary repairs to maintain the premises effectively.

What are the legal standards for property conditions?

Landlords must provide a property that meets all relevant safety, health, and building codes. In Idaho, properties must have functioning electrical, plumbing, heating, ventilation, and sanitary systems (Idaho Code Sec. 6-320).

What is the proper protocol for repairs?

Tenants in Idaho have the right to request repairs from their landlord. However, landlords do not have to complete the repair within a minimum timeframe. Further, Idaho landlord-tenant law generally does not allow tenants to withhold or deduct rent for incomplete repairs.

The only exception concerns smoke detectors. The tenant may give their landlord 3 days’ notice, install the detectors, and deduct the cost from the next rent payment (Idaho Code Sec. 6-320).

Do landlords need to give tenants advance notice before accessing a rental property?

Idaho tenant rights in 2024 do not require landlords to notify tenants before accessing their units. That said, landlords should always try to provide advance notice and enter the dwelling at reasonable times to avoid violating the tenant’s right to privacy.

Repeated violations may enable tenants to break the lease and sue their landlord.

Late Rent Fee Regulations

Idaho does not provide a grace period for tenants to pay rent. Therefore, rent is due in full on the date stated. If rent becomes overdue, landlords can charge late rent fees in any amount, but the lease must outline these fees (Idaho Code Sec. 55-314).

Rent Control in Idaho

Rent control and rent stabilization limit how much a landlord can charge. Rent stabilization permits landlords to increase rent incrementally, while rent control strictly caps the amount landlords can charge.

Idaho currently bans rent control and stabilization (Idaho Code Sec. 55-307).

Lease Renewal and Termination

Idaho does not require landlords and tenants to renew expiring leases. However, if either party wishes to terminate the rental contract upon its expiration, they must give the other person 30 days’ notice. In the case of renewal, the landlord must also give 30 days’ notice of intent to change lease terms for the new agreement (Idaho Code Sec. 55-307).

If a tenant leaves a rental unit before completing the lease term, it is considered breaking the lease. The tenant must generally continue to pay rent for the duration of the original contract. However, breaking a lease is permitted if the tenant is starting active-duty military service or if the unit is uninhabitable.

Conversely, landlords may only end the lease early for good reasons, such as the intent to move into or sell the property.

Eviction Procedures for Idaho Landlords

Evicting a tenant is never an easy process, but in some cases, eviction may become necessary. As eviction procedures differ from state to state, landlords in Idaho must be thoroughly aware of state laws to improve their chances of removing a problematic tenant.

What justifications exist for eviction?

Landlords in Idaho may evict tenants for breaking the lease terms, conducting illegal activity on the premises, or failing to pay rent. If a landlord wishes to evict a tenant but does not have good cause, they must wait until the end of the lease term and deliver the appropriate notice of nonrenewal.

What is the eviction process?

To evict a tenant in Idaho, landlords must take the following steps:

• Landlord serves notice up to three days in advance (Idaho Code Sec. 6-303)
• Landlord files an eviction lawsuit in Idaho District Court or county court (Idaho Code Sec. 6-305)
• Court serves tenant with a summons (Idaho Code Sec. 6-310)
• Tenant files an answer within 21 days (Idaho Code Sec. 1-2303)
• Landlord and tenant attend a court hearing to present evidence and receive judgment (Idaho Code Sec. 6-316)
• Tenant must move out within 72 hours (Idaho Code Sec. 6-316)
• Sheriff forcibly removes tenant (if necessary) (Idaho Code Sec. 6-316)

How is property reclaimed after eviction?

Landlords may regain control of the property and secure it when the tenant departs. If the tenant leaves behind any personal belongings upon their departure, landlords in Idaho may dispose of them as they see fit (Idaho Code Sec. 6-316).

Local Ordinances for Landlords and Tenants

In addition to Idaho landlord-tenant law, many municipalities and counties have unique rental regulations. Both landlords and tenants should read up on these ordinances through resources like Municode or American Legal Publishing’s Code Library.

Federal Landlord-Tenant Laws

Additionally, federal landlord-tenant laws, such as the Americans with Disabilities Act, the Fair Credit Reporting Act, the Fair Housing Act, and others, govern all rental situations in the U.S.

You can learn about these regulations on the websites of federal agencies such as the Consumer Financial Protection Bureau and the Office of Housing and Urban Development.

Managing Tenant Legal Disputes as an Idaho Landlord

While landlords may attempt to resolve disputes directly with their tenants, finding civil legal assistance may be necessary in some cases. Idaho landlords facing legal disputes with tenants should approach the following resources:

• Idaho Legal Aid: Provides free legal advice and Idaho tenant rights hotline
• Idaho Volunteer Lawyers Program: State-operated network of volunteer attorneys for civil cases

Navigate Your Landlord-Tenant Relationship with TurboTenant

If you need a little more assistance in understanding your rights and responsibilities as a landlord, you can use TurboTenant’s free property management software to operate your rentals per Idaho landlord-tenant law. Our most-used features include:

• Rental Application templates to help you fill empty units
• Tenant Screening software to run a thorough, legally compliant background check on potential tenants
• Lease Agreement templates that you can customize around Idaho tenant rights
• Online Rent Collection to make sure you get paid on time

Sign up for a free TurboTenant account to take advantage of these benefits and remain compliant with relevant laws — no matter where you run your business.

Idaho Landlord-Tenant Law FAQs