Idaho Residential Lease Agreement

Introduction

An Idaho residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This document governs the rights, responsibilities, and obligations of both parties throughout the tenancy period. Before a tenant can take occupancy, the landlord will typically require payment of the first month's rent and a security deposit (if any). ^[9]

This guide provides comprehensive information about Idaho residential lease agreements, including the only required disclosure (lead paint), security deposit rules, rent payment laws, landlord and tenant obligations, and remedies for noncompliance.

Types of Lease Agreements

Idaho recognizes several types of residential lease agreements:

**Standard (Fixed-Term) Lease Agreement: **A contract designed to rent out residential property for a fixed term (typically one year) with monthly rent installments. The lease automatically ends on the specified date unless renewed.

**Month-to-Month Lease Agreement: **Also referred to as a "tenancy at will," this is a contract with no fixed end date. It may be canceled by either the landlord or tenant with at least one month's written notice. ^[4]

**Rent-to-Own (Lease Option) Agreement: **A lease that enables a tenant to purchase the property after renting it for a designated period, with a portion of rent payments often applied toward the purchase price.

**Roommate Agreement: **A document used by roommates who wish to establish certain terms and conditions of living together (rent shares, deposits, utilities, etc.).

**Sublease Agreement: **An agreement allowing tenants to rent out their current rental space to a subtenant for a period not exceeding their current lease term. Usually, the landlord's consent is required.

Required Disclosures

Idaho has minimal disclosure requirements compared to many other states. The only federally-mandated disclosure that applies in Idaho is the lead-based paint disclosure for properties built before 1978.

Lead-Based Paint Disclosure (pre-1978 Properties)

For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards. Landlords must: (1) provide tenants with the EPA-approved pamphlet "Protect Your Family From Lead in Your Home," (2) disclose any known lead-based paint or hazards in the property, and (3) provide any available records or reports about lead in the property. This disclosure must be completed and signed by both landlord and tenant. ^{[8] [10]}

Security Deposit Laws

Idaho law regulates the handling and return of security deposits. Understanding these rules is essential for both landlords and tenants. ^[1]

Maximum Amount

Idaho does not limit the amount of security deposit a landlord can charge. The landlord may request any amount they deem appropriate. ^{[1] [9]}

Separate Bank Account

If the rental property is managed by a third-party property management company, the security deposit must be maintained in a separate account at a federally insured financial institution. This account must be separate from the property manager's operating account. This requirement does not apply to property owners managing their own properties, real estate licensees, or nonprofit organizations. ^[1]

Return of Security Deposit

The landlord must return the security deposit within 21 days after the tenant surrenders the premises, unless the lease agreement specifies a different period (which cannot exceed 30 days). ^[1]

Itemized Statement Required

If the landlord withholds any portion of the security deposit, they must provide the tenant with a signed, written statement itemizing: (1) the amounts lawfully retained, (2) the purpose for each retention, and (3) a detailed list of expenditures made from the deposit. ^[1]

Normal Wear and Tear

The landlord cannot retain any part of the security deposit to cover normal wear and tear. Idaho law defines "normal wear and tear" as deterioration that occurs based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or misuse by the tenant or their guests. ^[1]

Transfer of Property

If the rental property changes ownership during a tenancy, the new owner becomes liable for refund of the security deposits. ^[1]

Rent Payment Laws

When Rent Is Due

Rent is due on the date specified in the lease agreement. Idaho does not require a statutory grace period for rent payments. If rent is not paid on the due date, the landlord may immediately begin the eviction process with a 3-day notice to quit. ^{[3] [9]}

Late Fees

Idaho law does not set a maximum late fee amount. However, any fees specified in the lease agreement, including late fees, must be reasonable. Unreasonable fees may be challenged in court. ^[6]

NSF (bounced Check) Fee

If a tenant's check is dishonored (bounced), the landlord may charge a collection fee of up to $20 or the face amount of the check, whichever is less. This applies when the check has not been paid within 15 days after the holder sends notice of dishonor to the drawer. ^[5]

Withholding Rent

For other maintenance issues, the tenant must first give the landlord 3 days' written notice to cure the defect. If the landlord fails to repair, the tenant can file a court complaint for damages and specific performance. ^{[2] [9]}

Landlord's Right of Entry

Idaho does not have a statute specifying when a landlord must give notice before entering a tenant's rental unit. However, the Idaho Attorney General's Landlord and Tenant Manual recommends that: ^[9]

the Lease Should Specify the Landlord's Right to Enter for Inspections, Repairs, Emergencies, and Showing the Property.

If the Lease Is Silent, the Landlord Should Notify the Tenant in Advance and Agree on a Reasonable Time for Entry.

Landlords Generally Have the Right to Immediate Entry in Genuine Emergencies Involving Life or Property.

**Recommendation: **Include entry notice provisions in the written lease agreement to avoid disputes.

Landlord Obligations

Idaho law requires landlords to maintain rental properties in a condition that protects tenants' health and safety. ^{[2] [9]}

The landlord must:

Provide Reasonable Waterproofing and Weather Protection of the Premises

Maintain Electrical, Plumbing, Heating, Ventilating, Cooling, and Sanitary Facilities in Good Working Order

Not Maintain the Premises in a Manner Hazardous to Health or Safety

Return Security Deposits As Required by Law

Comply With Terms of the Lease Agreement That Materially Affect Health and Safety

Install and Verify Working Smoke Detectors in Each Dwelling Unit at the Commencement of the Rental Agreement ^[2]

Prohibited Landlord Actions

Landlords cannot: ^[9]

Change the Tenant's Locks During Their Tenancy (lockouts Are Prohibited)

Shut Off Utilities to Force a Tenant to Leave

Remove a Tenant's Personal Property Without a Court Order (except in Abandonment Situations)

Evict a Tenant Without Following Proper Legal Procedures

Tenant Obligations

Tenants have responsibilities to maintain the rental property and comply with lease terms. ^[9]

The tenant must:

Keep the Property Clean and Sanitary

Properly Dispose of Garbage

Use Appliances, Electrical Fixtures, and Plumbing Facilities Properly

Prevent Family Members and Guests From Damaging the Property

Obey the Landlord's Property Regulations and Use the Property Only for Lawful Purposes

Prevent Injury to Others Due to Actions Performed on the Property

Maintain Smoke Detectors in Good Working Order During the Rental Period ^[2]

Eviction Process

Notice Requirements

Idaho law requires landlords to provide written notice before filing an eviction lawsuit. The notice period depends on the reason for eviction:

Non-Payment of Rent

If a tenant fails to pay rent when due, the landlord must provide a 3-Day Notice to Pay or Quit. If the tenant does not pay within 3 days, the landlord may file an unlawful detainer action in court. ^[3]

Lease Violations

If a tenant violates terms of the lease (other than non-payment), the landlord must provide a 3-Day Notice to Cure or Quit. The tenant has 3 days to fix the violation. If not cured, the landlord may proceed with eviction. ^[3]

Controlled Substances

If the landlord has reasonable grounds to believe the tenant is engaged in unlawful delivery, production, or use of controlled substances on the premises, the landlord may institute eviction proceedings immediately (24-hour notice). ^[3]

Unlawful Evictions

Landlords cannot evict tenants through "self-help" methods such as changing locks, removing doors, shutting off utilities, or removing personal property. All evictions must go through the court system. ^[9]

Abandonment and Unclaimed Property

When a tenant is evicted, they have 72 hours to remove their personal property from the premises. After this period, the landlord may dispose of the property. ^[7]

If property of value is left behind by a tenant who has not been evicted (e.g., the tenant simply abandoned the property), the landlord should obtain a court order before removing and selling the items. ^{[7] [9]}

Lease Termination

Fixed-Term Lease

A fixed-term lease automatically terminates on the specified end date. Neither party is required to give notice unless the lease requires it. If the tenant remains after the lease expires without a new agreement, they may become a month-to-month tenant.

Month-To-Month Tenancy

Either party must give at least one month's written notice to terminate a month-to-month tenancy. The notice must be given before the end of a monthly period. ^[4]

Week-To-Week Tenancy

For week-to-week tenancies, either party must give at least 7 days' notice before the end of a weekly period. ^[4]

Fair Housing Protections

Both federal and Idaho law prohibit discrimination in housing. It is illegal to discriminate against tenants or applicants based on: ^{[11] [12]}

Race, Color, or National Origin

Religion

Sex

Familial Status (presence of Children Under 18)

Disability (physical or Mental Impairment)

**Service and Support Animals: **Service animals, support animals, and companion animals are not legally considered "pets." Tenants are entitled to reasonable accommodation for these animals regardless of the landlord's pet policy. For questions about service and support animals, contact the Intermountain Fair Housing Council at 208-383-0695. ^[9]

Additional Considerations

Written Vs. Oral Leases

Idaho recognizes oral leases for tenancies lasting less than one year. However, the terms of an oral agreement are difficult to prove in court. A written, signed lease is strongly recommended to avoid disputes about the terms of the agreement. ^[9]

Move-In/move-Out Inspections

Although not required by Idaho law, landlords and tenants should conduct a detailed move-in inspection documenting the condition of the property. Video recording and photographs are highly recommended. This documentation can be critical in resolving disputes about security deposit deductions. ^[9]

Renter's Insurance

Tenants should consider purchasing renter's insurance to cover personal belongings in case of fire, theft, or other accidents. The landlord's insurance typically does not cover tenant property. ^[9]

Cosigning a Lease

A cosigner on a lease functions similarly to a cosigner on a loan. The cosigner's credit may be impacted if the tenant stops paying rent, gets evicted, or has unpaid amounts sent to collections. ^[9]