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Idaho State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can navigate these with ease.

This article is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in your area. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules, Regulations, and Guide

Details

Security Deposit:

  • Security Deposit Maximum: No statute
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute, but the name of the financial institution where the deposit will be held should be stated in the lease. (Attorney General’s Manual , page 6)
  • Pet Deposits: No statute
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: When the lease ends, the landlord has 21 days to return the deposit. The 21 days can be shortened or extended by an agreement between the tenant and landlord, but it may not be longer than 30 days. (Idaho Code §§ 6-321)
  • Permitted Uses of the Deposit: Any deductions necessary to cover the contingencies specified in the lease, excluding normal wear and tear. (Idaho Code §§ 6-321)
  • Require Written Description/Itemized List of Damages and Charges: Yes. Any refund less than the full amount shall be accompanied by a signed statement itemizing the amount kept by the landlord, the purpose for the amount kept, and a detailed list of expenditures using the deposit. (Idaho Code §§ 6-321)
  • Record Keeping of Deposit Withholdings: No statute, but the Attorney General’s manual on landlord-tenant law states that the landlord must maintain a record (see page 30).
  • Receipt of Deposit: No statute
  • Failure to Comply: Idaho law provides a four-step process that a tenant can follow to obtain a deposit from a landlord who fails to return the tenant’s deposit or provide an itemized list of deductions within 21 days after the lease ends. See the Attorney General’s Manual, page 27 for more details.

Lease, Rent & Fees:

  • Payment Methods: No statute, but the Attorney General’s manual on landlord-tenant law states that landlords are able to restrict the kind of payment methods that can be used to pay rent (see page 17).
  • Rent Increase Notice: Fifteen-day notice is required before the end of the month in which the increase will take effect. (Idaho Code §§ 55-307(1))
  • Rent Grace Period: No statute
  • Late Fees: No statute, but any late fee policy should be specified in the lease. (Attorney General’s Manual, page 6)
  • Prepaid Rent: No statute
  • Application Fees: No statute.
  • Returned Check Fees: The Landlord may sue in small claims court to recover the amount of the check, plus $100 or three times the check amount, whichever is greater. See the statute for other requirements. (Idaho Code §§ 1-2301(A))
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute, but the Attorney General’s Manual describes the process available to tenants to give notice and then sue to force the landlord to comply (see page 13).
  • Tenant Allowed to Repair and Deduct Rent: See the statute for a detailed description of the process available to tenants to give notice and then sue to force the landlord to comply. The only exception relates to the installation of smoke detectors: a tenant, after providing three-day written notice to the landlord, may install the necessary smoke detectors and deduct the cost from the next month’s rent. (Idaho Code §§ 6-320(a)(6))
  • Landlord Allowed to Recover Court and Attorney Fees: In eviction cases, the prevailing party is entitled to an award of attorney fees, except in cases where triple damages are awarded. In cases requiring three-day notice, the notice must advise the tenant that attorney fees shall be awarded to the prevailing party. (Idaho Code §§ 6-324)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No statute, but case law in Industrial Leasing Corporation v. Thomason established a landlord’s duty to make reasonable efforts to rerent. The landlord must re-rent the property as soon as possible at a reasonable price to limit any monetary losses. (Attorney General’s Manual, page 22)
  • Abandonment/Early Termination Fee: No statute, but the lease should explain the landlord’s rights when a tenant abandons the property. (Attorney General’s Manual, page 11)

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: Notice not required as the lease simply ends. (Attorney General’s Manual, pages 23 and 25)
  • Notice to Terminate Any Periodic Lease of a Year or More: One month’s written notice is required. (Attorney General’s Manual, page 31)
  • Notice to Terminate Tenancy – Month-to-Month: One month’s written notice. (Idaho Code §§ 55-208)
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: One month’s written notice is required. (Attorney General’s Manual, page 31)
  • Notice to Terminate Tenancy – Week-to-Week Lease: No statute, but the lease should specify the process the tenant must follow to give proper notice of intent to vacate or terminate the lease. (Attorney General’s Manual, page 6)
  • Termination of Tenancy with 24 Hours Notice: If a landlord has reasonable grounds to believe any person is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the leased premises, the landlord can institute eviction proceedings immediately. (Attorney General’s Manual, page 15)
  • Notice of Date/Time of Move-Out Inspection: No statute, but the lease should define the terms that allow the tenant to attend the landlord’s move-out inspection. (Attorney General’s Manual, page 7)
  • Notice of Termination of Week-to-Week Leases for Nonpayment: Three-day written notice is required. (Idaho Code §§ 6-303(2))
  • Notice of Termination of All Other Leases for Nonpayment: Three-day written notice is required. (Idaho Code §§ 6-303(2))
  • Termination for Lease Violation: Three-day written notice is required. (Idaho Code §§ 6-303(3))
  • Required Notice before Entry: No statute, but the lease should specify when and how the landlord may enter the property. (Attorney General’s Manual, page 7 and 11)
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute, but the lease should specify the landlord’s right to enter the tenant’s property to inspect for damage and make necessary repairs. ( Attorney General’s Manual, page 11)
  • Entry Allowed with Notice for Showings: No statute, but the lease should specify the landlord’s right to enter the tenant’s property to show the property to prospective purchasers or tenants at convenient times. (Attorney General’s Manual, page 11)
  • Emergency Entry Allowed without Notice: No statute, but the lease should specify the landlord’s right to enter the tenant’s property in case of an emergency involving life or property (Attorney General’s Manual, page 11).
  • Entry Allowed During Tenant’s Extended Absence: Three day’s notice is required if the lease gives the landlord the right of reentry. (Idaho Code §§ 55-210)
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No (Attorney General’s Manual, page 32)
  • Utility Shut-offs Allowed: No (Attorney General’s Manual, page 16)

Disclosures and Miscellaneous Notes:

  • Name and Addresses: No statute, but should be stated in the lease. (Attorney General’s Manual, page 6)
  • Copy of the Lease: No statute
  • Domestic Violence Situations: No statute. Idaho Legal Aid Services offers a Domestic Violence Legal Advice Hotline.
  • Landlord’s Duties: Landlords must maintain the premises to protect a tenant’s safety and health. In that regard, landlords must comply with city and county ordinances, as well as state laws regarding housing conditions. See the Attorney General’s Manual, page 12 for examples of housing conditions that constitute violations of the landlord’s duties.
  • Tenant’s Duties: (Attorney General’s Manual, page 14 )
    • Compliance: Obey the landlord’s property regulations and use the property only for lawful purposes;
    • Cleanliness: Keep the property clean and sanitary;
    • Trash: Properly dispose of garbage;
    • Appliances and plumbing: Use appliances, electrical fixtures and plumbing facilities properly;
    • Damage: Prevent family and friends from damaging the property;
    • Safety: Prevent injury to others due to actions performed on the tenant’s property.
  • Retaliation: Landlords may not evict a tenant because the tenant requests that repairs be made or because the tenant joins a tenant’s association. (Attorney General’s Manual, page 29)
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Business Licenses:

Business License required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

Helpful Links

State Agencies & Regulatory Bodies

Housing Authorities

Realtor, Landlord, and Tenant Associations

REALTORS® Associations

Landlord Associations

Housing advocacy associations

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