Overview of Landlord-Tenant Laws in Idaho

Idaho, unlike most other states, doesn't have many statutes governing the landlord-tenant relationship. Instead, landlords and tenants are left to negotiate many of their own terms of the lease or rental agreement.

Some topics, though, such as security deposits and evictions, are dealt with by the state's statutes. Here's a breakdown of the key existing laws that Idaho landlords and tenants are required to follow.

Idaho Rental Application and Tenant Screening Laws

Idaho law regulates very little of the tenant application and screening process.

Application Fees

There is no law in Idaho that prohibits landlords from charging an application fee.

Tenant Screening Reports

A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Idaho landlords are free to charge reasonable amounts for tenant screening reports.

Criminal History Screening

Idaho does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history is discriminatory or has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

Idaho's fair housing laws prohibit the same forms of discrimination, except that Idaho excludes familial status discrimination from its law. (Idaho Code § 67-5909 (2024).)

For more information about Idaho's fair housing laws, visit Idaho Legal Aid Services, Inc.'s website.

Idaho Security Deposit Laws

Idaho doesn't set a cap on how much landlords can charge for a security deposit. It does regulate what a landlord must do when accepting a security deposit and how the landlord must hold the security deposit.

Holding the Security Deposit

Special rules apply when a rental is managed by a third-party property manager. A third-party manager is anyone who isn't a property owner, a manager who has common members or principals of the property owner entity, a real estate licensee, or a nonprofit business organization.

Any security deposit received by a property manager must be held in a separate account at a federally insured financial institution. The account must be separate from the third-party agent's operating account.

(Idaho Code § 6-321(4) (2024).)

Return of the Security Deposit

Landlords can use the security deposit only to cover unpaid rent and damages beyond normal wear and tear. Security deposits must be returned within 21 days of the tenant moving out of the rental. A landlord and tenant can agree to a period longer than 21 days, but they can't agree to extend the return period past 30 days.

If the landlord keeps any of the security deposit, they must provide the former tenant with a signed statement itemizing the deductions, the purpose of each deduction, and a detailed list of how the money was spent.

(Idaho Code § 6-321(2) (2024).)

If a landlord doesn't return the security deposit in a timely manner, the tenant can sue the landlord for its return but must provide the landlord with a written notice of the failure. If the landlord doesn't return the deposit within three days of service of the written notice, the tenant can file a lawsuit. (Idaho Code § 6-320(a)(4) (2024).)

Required Landlord Disclosures in Idaho

In many states, landlords must disclose specific information to tenants and potential tenants. Idaho, however, is one of the few states that does not require any disclosures under state law.

Landlords in all states, though, must follow federal lead-based paint disclosure rules.

Idaho Late Fees and Other Rent Rules

In Idaho, rent is due on whatever day the landlord and tenant agree to.

Grace Periods and Late Fees

Idaho does not require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.

Idaho landlords can charge late fees, and there is no cap on how much they can charge. Most judges won't enforce unreasonable late fees, though. In general, a late fee will be considered reasonable as long as it doesn't exceed 4%-5% of the rent and has an upper limit.

Landlords can't charge a late fee or any other fees unless the fee is noted in the lease or rental agreement. (Idaho Code § 55-314 (2024).)

Rent Increases

Idaho landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, landlords must give tenants a written 30-day notice of any rent increase. (Idaho Code § 55-307 (2024).)

Idaho Landlords Must Provide Habitable Rentals

Like landlords in all states, Idaho landlords must provide rentals that are safe and fit for human habitation. In legalese, this is known as the landlord's "warranty of habitability."

Specifically, Idaho law gives tenants the right to sue their landlord for:

• failure to provide reasonable waterproofing and weather protection
• failure to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities provided by the landlord
• maintaining the rental in a manner that's hazardous to the health or safety of the tenant
• breach of any term of the lease or rental agreement that materially affects health and safety of the tenant, and
• failure to install smoke detectors.

(Idaho Code § 6-320 (2024).)

Tenant Rights to Withhold Rent in Idaho

Idaho law doesn't give tenants the right to withhold rent or make repairs and deduct the costs of the repairs from rent. However, when a landlord fails to provide a habitable rental or make repairs as required (see "Idaho Landlords Must Provide Habitable Rentals," above), the tenant has the right to sue the landlord to force the repairs and receive any damages the tenant is owed.

Before the tenant can sue, though, they must give the landlord three days' written notice of the issue, listing each failure or breach. The notice must demand that the landlord make the repairs. If, within three days after service of the notice, the landlord hasn't fixed the issue, the tenant can sue. (Idaho Code § 6-320(d) (2024).)

Small Claims Lawsuits in Idaho

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Idaho can hear cases in which the plaintiff—the person suing—isn't asking for more than $5,000.

You can't be represented by an attorney in small claims court, but the court procedures tend to be simpler than those of regular courts.

Idaho Termination and Eviction Rules

Idaho landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit (called an "unlawful detainer" lawsuit in Idaho).

Notice of Termination for Cause

A landlord who wants to evict a tenant in Idaho before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in Idaho include failure to pay rent or violating the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• 3-day notice to pay rent or quit: If the tenant fails to pay rent when it's due, the landlord can give the tenant a written 3-day notice to pay rent or quit (move out). This notice must inform the tenant that they have three days to either pay rent or move out of the rental. The notice must also state that if the tenant loses the eviction lawsuit, they will have 72 hours to remove their belongings from the rental before the landlord has the right to remove them. The notice must be served on the tenant within one year after the rent becomes due. If the tenant doesn't comply with the notice, the landlord can file an eviction lawsuit. (Idaho Code § 6-303(2) (2024).)
• 3-day notice to perform or quit: If the tenant violates the lease or rental agreement, the landlord can give the tenant a written 3-day notice to perform or quit. The notice must inform the tenant that they have three days to either comply with the lease or rental agreement or move out. If the tenant doesn't comply with the notice, the landlord can file an eviction lawsuit. (Idaho Code § 6-303(3) (2024).)
• 3-day notice to quit: If the tenant seriously damages the rental or assigns or sublets it without permission, the landlord can give the tenant a 3-day notice to quit, without any chance to remedy the situation. If the tenant doesn't move out of the rental within three days, the landlord can file an eviction lawsuit. (Idaho Code § 6-303(4) (2024).)
• No notice required: Under Idaho law, there are a few situations when the landlord doesn't have to give the tenant any notice before filing an eviction lawsuit:
  • If the tenant has violated the lease or rental agreement, but there isn't anything the tenant can do to fix the breach, the landlord doesn't have to give the tenant notice before filing an eviction lawsuit. (Idaho Code § 6-303(3) (2024).)
  • If the tenant is or has been engaged in production of or use of drugs at the rental, the landlord doesn't have to give the tenant notice before filing an eviction lawsuit. (Idaho Code § 6-303(5) (2024).)

Notice of Termination Without Cause

The process for ending a tenancy without cause depends on the type of tenancy. Here's what needs to happen for month-to-month tenancies and tenancies with a long-term lease.

Ending a Month-to-Month Tenancy Without Cause

If the tenant has a month-to-month rental agreement, and the landlord wants the tenant to move out but doesn't have cause to end the tenancy, the landlord must give the tenant a 30-day notice to vacate. (Idaho Code § 55-307 (2024).)

Ending a Tenancy With a Long-Term Lease Without Cause

When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move. The landlord must give the tenant a 30-day written notice of the landlord's intent to not renew the lease. (Idaho Code § 55-307(3) (2024).)

Tenant Defenses to Eviction

Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.

Idaho Rules About Landlords' Access to Property

Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property. Idaho does not have a law about how and when landlords can enter in other situations, such as to show the property or to make repairs. Even in the absence of such a law, a landlord's entry should be reasonable: The landlord should give the tenant at least 24 hours' notice, enter only when there's a good reason (not just to snoop around), and enter only during convenient hours.

Where to Find Idaho Landlord-Tenant Laws

If you want to read the text of a law itself, see the Idaho Legislature's website.

Local Ordinances Affecting Idaho Landlords and Tenants

Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Idaho and then search when you're on the site.

Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Idaho.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Idaho. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

For landlords:

• Every Landlord's Guide to Finding Great Tenants
• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide