Idaho Standard Residential Lease Agreement

Introduction

An Idaho standard residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This agreement governs rent payments, security deposits, maintenance responsibilities, and the rights and obligations of both parties. Idaho residential leases are regulated by various statutes found primarily in Idaho Code Title 6 (Actions in Particular Cases) and Title 55 (Property in General). ^[1]

Unlike many states, Idaho does not have a comprehensive landlord-tenant act. Instead, the rights and duties of landlords and tenants are governed by specific statutes addressing individual issues such as security deposits, eviction procedures, habitability, and lease termination. The Idaho Attorney General's Office publishes a Landlord and Tenant Manual that provides guidance on these laws.

Legal Framework

Idaho landlord-tenant relationships are governed by several sections of the Idaho Code rather than a single unified act. The primary statutes include: Idaho Code Title 55, Chapter 2 (Estates in Real Property) covering lease creation and termination; Title 55, Chapter 3 (Rights and Obligations of Owners) addressing rent changes and property rights; and Title 6, Chapter 3 (Forcible Entry and Unlawful Detainer) governing eviction procedures, security deposits, and habitability requirements. ^[2]

Required Disclosures

Idaho law requires landlords to make specific disclosures to tenants before or at the commencement of the tenancy:

Lead-Based Paint Disclosure (federal Requirement)

For all residential properties built before 1978, federal law under the Residential Lead-Based Paint Hazard Reduction Act (Title X, Section 1018) requires landlords to disclose known information about lead-based paint and lead-based paint hazards. Landlords must provide tenants with a federally-approved pamphlet titled "Protect Your Family From Lead in Your Home," disclose any known lead-based paint or hazards, and include a Lead Warning Statement in the lease agreement. Tenants must be given a 10-day opportunity to conduct a lead inspection before becoming obligated under the lease. ^[3]

Flood Zone Disclosure

If the rental property is located in a designated flood zone, Idaho landlords should disclose this information to prospective tenants. While Idaho does not have a specific statutory requirement for flood disclosure in residential leases, providing this information is recommended practice and may be required by local ordinances or federal flood insurance requirements.

Mold Disclosure (not Required)

Idaho does not have a specific statute requiring landlords to disclose mold or mold history to tenants. However, landlords have a general duty to maintain habitable premises under Idaho Code Section 6-320, which includes addressing conditions hazardous to health and safety. Mold issues may fall under this general habitability requirement if they affect tenant health. ^[4]

Security Deposit Laws

Maximum Amount

Idaho law does not impose a maximum limit on security deposit amounts for residential rentals. Landlords may charge any amount they deem reasonable for a security deposit. However, excessively high deposits may deter prospective tenants and are generally not market-competitive. ^[5]

Return of Security Deposit

Under Idaho Code Section 6-321, landlords must return the security deposit within 21 days if no time period is specified in the lease agreement. If the lease specifies a different timeframe, the deposit must be returned within 30 days maximum after the tenant surrenders the premises, regardless of what the lease states. The statute specifically provides that refunds shall be made "within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant." ^[5]

Itemized Statement Requirement

If the landlord retains any portion of the security deposit, they must provide the tenant with a signed statement itemizing: (1) the amounts lawfully retained, (2) the purpose for each retention, and (3) a detailed list of expenditures made from the deposit. The landlord cannot deduct for normal wear and tear, which Idaho Code defines as "deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises." ^[5]

Penalty for Non-Compliance

If a landlord fails to return the security deposit or provide proper written notice of deductions within the required timeframe, the tenant may sue for up to three times (3x) the amount of the security deposit. This treble damages provision under Idaho Code Section 6-321 provides significant incentive for landlords to comply with security deposit return requirements. ^[5]

Rent Payment Rules

Due Date and Grace Period

Idaho law does not provide a statutory grace period for rent payments. Rent is due on the date specified in the lease agreement, and the landlord may begin eviction proceedings immediately upon default. However, landlords commonly include a grace period of 3-5 days in lease agreements as a matter of practice. Any grace period must be specified in the written lease to be enforceable.

Late Fees

Idaho does not have a statutory cap on late fees for residential rental properties. Recent legislation (SB 1039) requires that fees imposed on tenants be "reasonable," but does not define a specific maximum amount. Courts may decline to enforce late fees that are deemed unreasonable or punitive. As a general guideline, late fees of 4-5% of monthly rent with a reasonable cap are typically considered enforceable. Late fees must be disclosed in the lease agreement to be enforceable.

Rent Increases

Under Idaho Code Section 55-307, landlords must provide at least 30 days' written notice before any rent increase takes effect for residential property. Idaho has no rent control laws, meaning landlords can increase rent by any amount. Furthermore, Idaho Code Section 55-307(2) explicitly prohibits local governments from enacting rent control ordinances. ^[6]

Lease Termination

Month-To-Month Tenancies

Under Idaho Code Section 55-208, either the landlord or tenant may terminate a month-to-month tenancy by providing at least one (1) month's written notice. The notice must specify a definite termination date and be served as prescribed by Idaho Code Section 6-304. For landlords, the notice must specify that the tenant must "remove from the premises within a period of not less than one (1) month." For tenants, the notice must state the date the tenant will vacate, which cannot be less than one month from the date of notice. ^[7]

Fixed-Term Leases

Fixed-term leases (such as one-year leases) automatically terminate at the end of the lease period without requiring notice, unless the lease agreement specifies otherwise. If a tenant remains in possession after the lease expires without landlord objection, a month-to-month tenancy may be created, which would then require proper notice to terminate.

Early Termination - Military Servicemembers (federal Scra)

Under the federal Servicemembers Civil Relief Act (SCRA), 50 USC Section 3955, military servicemembers may terminate a residential lease early if they receive permanent change of station (PCS) orders or deployment orders of 90 days or more. The servicemember must provide written notice along with a copy of their military orders. The lease terminates 30 days after the next rent payment is due following proper notice. Landlords cannot charge early termination fees or require repayment of rent concessions to SCRA-protected servicemembers. ^[8]

Eviction Procedures

Idaho eviction procedures are governed by Idaho Code Title 6, Chapter 3 (Forcible Entry and Unlawful Detainer). Section 6-303 defines "unlawful detainer" and establishes the grounds and notice requirements for eviction. ^[9]

3-Day Notice to Pay Rent or Quit

When a tenant defaults on rent payment, the landlord must serve a three (3) day written notice requiring payment or possession of the property. The notice must: (1) be in writing, (2) state the specific amount of rent due, and (3) demand that the tenant pay the rent or vacate within 3 days. The notice must also inform residential tenants that if a court enters judgment against them, they will have 72 hours to remove their belongings from the premises. ^[9]

3-Day Notice to Cure or Quit (lease Violations)

For lease violations other than nonpayment of rent, the landlord must serve a three (3) day written notice listing each failure or breach and demanding that the tenant cure the violation or vacate the premises. If the tenant cures the violation within 3 days, the lease continues in effect. ^[9]

3-Day Notice to Quit (waste or Unauthorized Subletting)

If a tenant commits waste upon the premises or assigns/sublets the property contrary to the lease covenants, the landlord may serve a three (3) day notice to quit without the opportunity to cure. This type of lease violation terminates the lease immediately upon service of notice. ^[9]

Immediate Action (drug-Related Violations)

If a tenant is engaged in the unlawful delivery, production, or use of a controlled substance on the premises, the landlord may file for eviction without providing any prior notice. Idaho Code Section 6-303(5) allows immediate commencement of eviction proceedings in drug-related cases. ^[9]

Warranty of Habitability

Under Idaho Code Section 6-320, Idaho has a statutory warranty of habitability (as opposed to a common law implied warranty). Tenants may bring legal action against landlords for the following failures: ^[4]

**1. **Failure to provide reasonable waterproofing and weather protection of the premises;

**2. **Failure to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord;

**3. **Maintaining the premises in a manner hazardous to the health or safety of the tenant;

**4. **Failure to return a security deposit as required by law;

**5. **Breach of any lease term materially affecting the health and safety of the tenant;

**6. **Failure to install approved smoke detectors in each dwelling unit.

Tenant Notice Requirement

Before filing suit, tenants must give the landlord three (3) days' written notice listing each failure or breach and demanding performance or cure. If the landlord fails to address the issues within 3 days, the tenant may file an action for damages and specific performance. ^[4]

Smoke Detector Repair Remedy

Idaho Code Section 6-320 provides a unique remedy for smoke detector issues: if the landlord fails to install working smoke detectors after receiving written notice by certified mail, the tenant may install smoke detectors and deduct the cost from the next month's rent. This is one of the only "repair and deduct" remedies available to Idaho tenants. ^[4]

Landlord Right of Entry

Idaho does not have a specific statute governing landlord entry or required notice periods. However, tenants have a common law right to "quiet enjoyment" of the rental premises. In practice, landlords should provide at least 24 hours' advance notice before entering for non-emergency purposes such as repairs, inspections, or showing the property to prospective tenants.

Emergency Entry: In genuine emergencies (fire, flood, burst pipes, or situations threatening personal safety or property damage), landlords may enter without notice. These emergency exceptions are recognized statewide to protect both tenants and property.

Best Practice: Landlords should include specific entry notice requirements in the lease agreement. Whatever notice period is specified in the lease will govern the landlord-tenant relationship.

Fair Housing Protections

Idaho's fair housing laws, enforced by the Idaho Human Rights Commission, prohibit discrimination in rental housing based on:** race, color, religion, sex, national origin, and disability**. Idaho's state law applies to landlords with 2 or more rental properties. ^[10]

Local Protections: Some Idaho cities, such as Boise, have enacted local ordinances providing additional protections (e.g., sexual orientation and gender identity). Landlords should check local ordinances for any additional requirements.

Rental Application Fees

Idaho does not have a statewide cap on rental application fees or tenant screening costs. However, the City of Boise limits application fees to $30 or the actual cost of screening, whichever is lower. Statewide, application fees need only be "reasonable." Landlords must obtain tenant consent before running background or credit checks.

Pest Control Responsibilities

Idaho does not have specific bed bug disclosure laws. However, landlords have a duty to provide habitable premises, which includes addressing pest infestations. "Insect infestations" are included in the list of issues a landlord must address under Idaho Code Section 6-320. Landlords are responsible for eliminating pest problems that: (1) existed before the tenant moved in, or (2) were not caused by the tenant's actions. Tenants must notify the landlord in writing of any pest issues and allow 3 days for the landlord to address the problem before pursuing legal remedies. ^[4]