Idaho has its own unique laws governing tenants and landlords. It’s important for all affected parties to be familiar with those laws, so they can handle most legal situations on their own.
In this article, we’ve put together an overview of key landlord-tenant laws in Idaho. However, nothing on this page should be construed as legal advice. Always consult a lawyer before acting on the laws stated herein. You should also the time to learn about the Idaho Squatters’ Laws so you can handle that situation if needed.
Idaho Security Deposit Limit and Return
In Idaho, most rental agreements and residential leases require a security deposit. Typically, it’s about one month’s rent and is intended to cover damages to the rental property. The deposit also protects the landlord against any breach of the lease agreement, especially if the tenant skips out on the lease without paying.
Idaho law doesn’t limit how much a landlord can charge a tenant. However, be sure to check both state and federal laws to see if your municipality has a cap on security deposits for residential units.
If both the landlord and tenant agree, Idaho law directs a landlord to reimburse the deposit within 30 days after the tenant has vacated. Otherwise, it’s up to 21 days if both parties haven’t agreed and the tenant has already left. You can find more information on the subject here .
Idaho Termination and Eviction Rules
Idaho law is explicit on how and when a tenancy can be terminated by a landlord. There are different types of eviction notices in Idaho, including an unconditional 3-day quit notice. A landlord can hand this kind of notice to a tenant who has substantially damaged the property, violated a lease clause, is dealing in drugs, and the like. For more details on these types of notices in Idaho, see State Laws on Termination for Violation of Lease.
Required Disclosures and Notes
In Idaho, there are no laws compelling the landlord to provide an address and contact name, or even a copy of the lease. Additionally, there are no statutes protecting victims of domestic violence.
Idaho’s Office of the Attorney General clearly lays out the duties of both the landlord and the tenant. The tenant is required to:
- Maintain a safe environment for everyone who visits.
- Use the plumbing and appliances appropriately.
- Keep the property clean and clear of garbage.
- Refrain from engaging in unlawful activity on the property.
On the other hand, the landlord is required to:
- Abide by the lease agreement.
- Give a 30-day written notice of any changes in a month-to-month agreement.
- Maintain peace and quiet and ensure that tenants live on the property in peace.
- Make requested repairs promptly.
- Comply with all health and building codes.
Idaho Notice Required to Raise Rent and Other Rent Rules
Idaho law regulates several rent-related issues. Your rental agreement should spell out your landlord’s key rent rules, including:
- How rent should be paid (usually cash, money order, credit card, and/or cash)
- When rent is due
- The amount of rent
- The number of extra fees if your rent check bounces
Small Claims Lawsuits in Idaho
A majority of the landlord-tenant disputes are related to fights over security deposits. A large percentage of the lawsuits are those accusing the landlord of failing to return the deposit or withholding money for back rent, repairs or cleaning.
Tenants can sue landlords in small claims court for the return of their deposit up to $5,000.
Tenant Protection against Retaliation, Landlord Access to Rental Property, and Other State Laws in Idaho
Besides eviction rules, there are several other landlord-tenant laws in Idaho. One of them is The Fair Housing Act. The Act prohibits discrimination based on a person’s:
- Sex
- Color
- Race
- Disability
- National Origin
- Religion
- Familial Status
Local Ordinances Affecting Tenants and Landlords in Idaho
Often, local ordinances that affect tenants and landlords include noise and nuisance regulations, as well as health and safety standards. Nowadays, you’ll find many good sources for finding local government laws online.
Additionally, the office of the county manager, city attorney, or your local public library has information on local ordinances that affect tenants and landlords in Idaho.
Landlord and Tenant Rights in Idaho
The Idaho law enacted in 1977 clearly specifies the rights of landlords and tenants.
Some of the tenant rights include:
- Right to remain on the property until they’re properly evicted by a court order
- Right to have repairs made within a reasonable amount of time after a request is made
- Right to privacy, peace, and quiet
- Right to a sanitary and safe home
- Right to obtain written receipts for deposits and rent
Meanwhile, the landlord rights include:
- Right to receive a 30-day written notice when month-to-month tenants decide to move
- Right to be notified when a tenant is leaving town for an extended period of time
- Right to receive full payment of the rent on time, as long as the property is in pristine condition
Federal Landlord-Tenant Laws and Regulations
Besides Idaho law, landlords and tenants should also be concerned with federal laws. Some of these agencies include the U.S. Environmental Protection Agency (EPA), and the U.S. Department of Housing and Urban Development (HUD). The laws cover everything from the responsibilities of landlords to tenant discrimination.
The U.S. Code and Code of Federal Regulations can be found here and here.
Conclusion
In Idaho, both tenants and landlords have rights and responsibilities that they should be aware of. Failure to adhere to these laws by either party can lead to serious consequences. Should you have a legal question or concern that isn’t cover here, it’s highly recommended that you contact a licensed attorney.