Idaho Tenant-Landlord Rental Laws & Rights for 2024

Idaho law provides important protections and responsibilities for both tenants and landlords when it comes to renting property. Understanding the applicable laws can help avoid conflicts and ensure a positive rental experience for both parties. 

Some key laws for tenants include limits on security deposits, required notices for entry by landlords, habitability requirements obligating landlords to maintain safe and sanitary premises, anti-discrimination protections, and more.

Landlords also have important rights under Idaho law, like the ability to screen prospective tenants, collect rent in a timely manner, and take steps to remove tenants who violate lease terms. Landlords must follow specific processes for evictions, security deposit deductions, and more.

It's important for both tenants and landlords to understand the state laws, as well as any local ordinances that may provide additional protections. Helpful resources include the Idaho Attorney General's landlord-tenant guide, Idaho Legal Aid services, and assistance from local housing authorities. 

Some key terms used in Idaho landlord-tenant law include:

• Lease: A contract specifying the terms of a rental agreement, including rent, length of tenancy, and rules.
• Security Deposit: A refundable upfront payment to cover any damages or unpaid rent. 
• Eviction: The legal process a landlord must follow to remove a tenant.
• Notice: Written notifications required for actions like entry, nonpayment, or lease termination. 
• Habitability: Minimum standards requiring landlords provide safe, clean, and functional premises.

This overview covers the major aspects of Idaho rental laws. Read on to learn the specific rights, responsibilities, and procedures for Idaho tenants and landlords.

Before Renting  

Before renting a property in Idaho, prospective tenants should take time to thoroughly check out the rental unit and understand the terms of the lease agreement. It's also important to be prepared to pay required fees and deposits.

Checking Out the Rental Unit

When viewing a potential rental, look beyond aesthetics and make sure to inspect the unit fully. Check that all appliances are functioning, plumbing and electricity are in good working order, and the unit is clean and well-maintained. Take notes and photographs to document any existing damages or issues. Ask about who is responsible for repairs and maintenance and how requests are handled. Drive by the property at night to get a feel for the neighborhood. Research online to see if there are any reviews of the landlord or property management company. 

Understanding the Lease Agreement

Carefully read the entire lease agreement before signing. Make sure you understand all the terms and conditions, like the amount of rent, when rent is due, any grace periods, and fees for late payments. Check if utilities are included or if you'll pay separately. Understand the lease duration and renewal terms. See what rules there are regarding guests, pets, parking, smoking, subletting, and more. Make sure any verbal agreements are added in writing. Have an attorney review the lease if you have concerns.

Paying Fees and Deposits 

Standard fees include a security deposit and the first month's rent. The security deposit is usually equal to one month's rent and is meant to cover any damages during your tenancy. Make sure receipts are provided. You may also be charged an application fee or an administrative fee. Many landlords require renters insurance. Make sure you get signed receipts for any payments. Understand when deposits will be refunded and what terms lead to forfeiture.

Lease Agreements

In Idaho, landlords are required to provide certain disclosures to tenants before having them sign a lease agreement. This includes disclosing if the property has any known lead-based paint hazards. Landlords must also disclose if the property is located in a flood zone.

There are certain lease terms that are allowable in Idaho and others that are prohibited. Landlords can include terms about late fees for overdue rent, returned check fees, and security deposit policies. However, landlords cannot include any unreasonable terms that limit tenants' legal rights or force tenants to waive their rights. For example, landlords cannot ban tenants from contacting housing authorities about violations. 

In order for a lease to be valid in Idaho, it must be a written agreement signed by both the landlord and tenant. The lease should specify the rental amount, due date, length of occupancy, and address. Landlords are required to provide tenants with a copy of the signed lease.  

Most standard leases in Idaho are for a 12-month period. However, shorter fixed-term leases of 3-6 months are also common. Tenants must adhere to the length of the lease, unless they negotiate an early termination agreement with the landlord. Landlords cannot terminate a fixed-term lease early without the tenant's consent, except for in cases of lease violations.

Tenants who stay in a rental unit after a fixed-term lease ends without signing a new lease are automatically considered month-to-month tenants. To terminate a month-to-month tenancy, landlords and tenants must provide proper written notice of at least 30 days.

Moving In

Moving into a new rental property can be an exciting but hectic time. As a tenant, it's important to take certain steps when you initially move in to make sure you understand your rights and document the condition of the unit. This will protect you when it comes time to move out and get your security deposit back.  

Inspecting the Unit Before Move-In

Before moving your belongings into the unit, do a walkthrough inspection of the entire property. Make sure to test all appliances, plumbing fixtures, electrical outlets, and safety equipment. Check for any pre-existing damage like carpet stains or scratches on the floors and walls. Be very thorough in your inspection and don't forget to check drawers, cabinets, closets, and storage areas. Point out any issues to the landlord and take date-stamped photos. It's a good idea to have the landlord present to co-inspect.

Documenting Existing Damages  

After inspecting the unit, create a list of any damages, defects, or maintenance issues you discovered. Go room-by-room and note details such as cracked tiles, chipped paint, ripped screens, etc. Take photos of any problems. Ask the landlord to sign the list agreeing that these damages pre-dated your tenancy. Keep a copy for yourself and give one to the landlord. This protects you from being held liable for these problems when you move out.

Paying First Month's Rent and Deposit

Most landlords require first month's rent and a security deposit due when you sign the lease. Make sure to get receipts for any payments. Ask the landlord what forms of payment are accepted and get documentation of receipt. Never pay rents or deposits in cash without getting a proper receipt. Make sure you understand when rent is due each month and what late fees apply if rent is paid late.

Tenant's Right to Privacy

Idaho law provides important privacy protections for tenants when it comes to landlord entry into the rental unit. 

Landlord Entry Rules

The landlord must provide tenants with reasonable notice before entering the unit, generally considered to be at least 24 hours. The notice should specify the date, time, and purpose for entering. However, the landlord may enter immediately in an emergency, such as a burst water pipe or gas leak.

Landlords in Idaho may only enter for reasonable business purposes, such as:

• Inspecting for needed repairs
• Performing maintenance or repairs
• Supplying necessary services 
• Showing the unit to prospective tenants, buyers, or contractors

The landlord cannot abuse the right of access or use it to harass a tenant. Entering without proper notice or outside of reasonable hours could violate a tenant's right to privacy.

Proper Notice Requirements

If the landlord needs to enter for a non-emergency, Idaho law requires:

• Written notice delivered to the tenant at least 24 hours prior
• The notice must state the date, approximate time, and purpose
• Weekend or holiday entries require 48 hours notice

Notice is not required for agreed-upon repairs or maintenance requested by the tenant. The landlord may also provide entry notices via email if agreed to in the lease.

Tenant Right to Quiet Enjoyment

Tenants have a right under Idaho law to the "quiet enjoyment" of their rental home. Frequent or unnecessary entries could violate this right. Tenants may refuse entry that does not comply with proper notice requirements. However, the landlord may still enter for authorized reasons after giving proper notice. Refusing entry could potentially lead to an eviction proceeding if the tenant refuses access after appropriate notice for a reasonable business purpose.

Maintaining the Property

Both tenants and landlords have duties when it comes to maintaining rental properties in Idaho. 

Tenant Duties

Tenants are responsible for keeping the rental unit clean, sanitary, and safe. This includes:

• Disposing of trash properly
• Keeping the unit free of pests and infestations
• Using electrical, plumbing, appliances, and other fixtures properly
• Avoiding damage to the unit beyond normal wear and tear

Tenants must also notify the landlord promptly if any repairs are needed in the unit. Appliances or fixtures that are not working properly, leaks, mold issues, or other maintenance problems should be reported right away.

Landlord Duties 

Landlords are required to keep the rental property fit and habitable. This means:

• Maintaining electrical, plumbing, sanitary, heating, ventilation, and AC systems in good working order
• Making necessary repairs to keep the property safe
• Keeping shared and common areas clean and safe

Idaho law states that landlords must respond promptly to maintenance requests from tenants. Emergency repairs that affect health and safety must be addressed immediately. Non-emergency requests should be handled within 3-5 days. 

If a landlord fails to make necessary repairs in a reasonable time frame, tenants may have the right under Idaho law to deduct a reasonable cost from their rent, or terminate the lease. Tenants should provide repair requests in writing and keep documentation of the issue to exercise these rights.

Some repairs that are the tenant's fault or caused by misuse can be charged back to the tenant. Normal wear and tear is the landlord's responsibility and cannot be deducted from the security deposit.

Special Property Issues

Rules for pets

In Idaho, landlords are allowed to implement a "no pets" policy in their rental properties, with some exceptions. Landlords must make reasonable accommodations for service animals and emotional support animals with proper documentation from a tenant's medical provider. Landlords cannot charge extra "pet rent" or deposits for service or support animals. For other pets, landlords can charge an additional deposit and place reasonable restrictions on type, size, or number. 

Rules for guests

Landlords in Idaho have the right to limit the number of consecutive days a tenant can have guests stay in the rental unit, typically to 14 days or less. Guest policies should be included in the lease agreement. Landlords cannot prohibit all guests or overnight guests unreasonably. 

Parking rules

Landlords can regulate the use of parking areas, garages, and driveways. Parking rules should be outlined in the lease. Landlords can assign spaces, prohibit certain vehicles, limit number of cars, and require parking passes/stickers as long as rules apply evenly to all tenants. 

Smoking and marijuana

Landlords in Idaho can prohibit both smoking and marijuana use in rental units. Smoking bans should be included in lease terms. Marijuana use and possession remains illegal at the federal level, so landlords have the right to prohibit it on their properties. 

Subletting and assignment

Unless the lease prohibits it, Idaho tenants have the right to sublet their unit or assign the lease to a new tenant. Landlords cannot unreasonably withhold consent. Tenants must provide notice to landlords before subletting and get written approval. The original tenant is still responsible for rent and damages.

Paying and Collecting Rent

Rent payment is a key responsibility for tenants under Idaho law. Tenants must pay rent in full and on time according to the terms in the lease agreement.  

Due Dates and Late Fees

The lease agreement will specify the date that rent is due each month. This is usually the 1st of the month, but can be any date. 

If rent is paid after the due date, the landlord can charge a daily late fee. Idaho law allows landlords to charge reasonable late fees outlined in the lease. Typically late fees are $50 or less.

Approved Payment Methods 

Tenants must pay rent using the payment methods specified in the lease, such as online, by check, money order or cash. Landlords are not required to accept cash.

Nonpayment Consequences

If a tenant does not pay rent within 5 days of the due date, the landlord can give a 3 Day Notice to Pay or Quit. This gives the tenant 3 days to pay the overdue rent or move out. 

If the tenant does nothing after getting this notice, the landlord can file for eviction. The eviction process takes time, but an eviction judgment will damage the tenant's rental history.

To avoid eviction, tenants should always communicate with the landlord if they are unable to pay rent and see if a payment plan can be arranged. Ignoring notices and failing to pay rent will likely lead to eviction.

Moving Out

When a tenant is ready to vacate a rental unit in Idaho, proper protocol must be followed to end the lease appropriately and receive the full security deposit back. 

Proper Notice to Vacate

Idaho law does not specify a required notice period for tenants choosing to move out at the end of a lease term. However, the lease agreement itself may indicate how much notice is required before vacating, often 30 days or 60 days. Tenants should carefully review their lease and provide proper notice as outlined, generally in writing.

If a tenant chooses to move out before the end of a fixed term lease, they may still be responsible for paying rent for the remainder of the term unless the unit is re-rented. The landlord has a duty to make reasonable efforts to re-rent the unit quickly. Proper notice should still be provided.

For a month-to-month tenancy with no end date, Idaho law requires tenants to provide a full rental period's notice before moving out. So if rent is paid monthly, a tenant would need to provide written notice at least 30 days in advance of vacating.

Condition of Unit at Move-Out

Idaho law requires that tenants leave the rental unit in as clean and undamaged condition as when they moved in, except for normal wear and tear. Tenants are advised to thoroughly clean the property and repair any damages they are responsible for.

Tenants should schedule a walk-through inspection with the landlord to review the unit's condition before turning in the keys. Taking photos or video of the clean, empty unit can also help document its state to prevent unfair deposit deductions. Removing all possessions and debris is key.

Return of Security Deposit

Within 21 days after a tenant moves out, Idaho landlords must return the security deposit with an itemized statement of any deductions for damages or cleaning. Tenants should leave a forwarding address to receive this accounting and refund.

If a landlord fails to send the deposit disposition within 21 days, they forfeit the right to withhold any part of the deposit. Tenants can sue for up to twice the amount wrongly withheld.

Normal wear and tear generally cannot be deducted from the deposit. Tenants should inspect the statement and challenge any unreasonable or unfair deductions before the 21 day deadline expires.

Evictions

Landlords in Idaho can legally evict tenants for a number of reasons, but they must follow proper procedures to avoid any unlawful eviction charges. 

Reasons for Eviction

Idaho landlords can evict tenants for:

• Nonpayment of rent
• Violating the lease agreement
• Damaging the property 
• Engaging in criminal activity
• Refusing to vacate after the lease terminates
• Violating city ordinances 

The eviction notice must clearly state the reason for the eviction. Common lease violations that prompt eviction include having unauthorized occupants, keeping pets, or causing noise disturbances.

Required Notices

To start the eviction process, Idaho landlords must provide proper written notice to the tenant. The required notice periods are:

• Nonpayment of rent - 3 days 
• Lease violation - 3 days to remedy or vacate
• Month-to-month tenancy - 30 days
• Week-to-week tenancy - 7 days
• Violating drug laws - 3 days

The notice must identify the property, state the reason for eviction, and give the deadline to vacate. Notices for nonpayment of rent must also state the rental amount owed. 

Tenant Defenses 

If a tenant disputes the eviction, they can raise defenses at the eviction hearing. Common defenses include:

• Rent was paid on time
• The notice was defective 
• The lease violation was outside the tenant's control
• The landlord did not give a chance to remedy 
• The landlord waived the lease violation 

Tenants may also file counterclaims for negligence, harassment, or retaliation. Having evidence to support defenses is critical.

Frequently Asked Questions

What are the renters' rights in Idaho?

Renters in Idaho have the right to a habitable living environment, protection against unlawful eviction, and the right to privacy and peaceful enjoyment of their rental property.

How much notice does a landlord have to give in Idaho?

In Idaho, a landlord must give at least 30 days' notice to terminate a month-to-month tenancy.

Can a landlord enter without permission in Idaho?

No, a landlord in Idaho must provide reasonable notice, typically 24 hours, before entering the rental property unless it's an emergency.

Who do I report my landlord to in Idaho?

Tenants can report their landlord to the Idaho Attorney General’s Consumer Protection Division or seek assistance from local housing authorities.

How long does a landlord have to fix something in Idaho?

There is no specific timeframe set by Idaho law, but repairs should be made within a reasonable time after being notified by the tenant.

What is the most a landlord can raise rent in Idaho?

Idaho does not have rent control laws, so there is no limit on how much a landlord can raise the rent, but they must provide appropriate notice of any increase.