Idaho Landlord-Tenant Law
The Fair Housing Act was created in order to ensure that everyone is treated equally during the housing process. It protects tenants from discrimination when seraching for a rental property. At the federal level the Fair Housing Act protects the following classes…
- National Origin
- Familial Status
Learn about fair housing at the federal level here /landlord-must-know-fair-housing/.
Idaho protects the same categories as federal law.
(ID ST § 67-5909)
Maximum Landlord Can Charge: No statute.
Bank Account Requirements: Landlords that keep the security deposit in an escrow account should include the name of the financial institution in the lease (Landlord and Tenant Manual (Page 6).
Deadline for Returning Security Deposit: The landlord is required by law to return the security deposit within 21 days of the end of a tenancy. If the tenant and landlord agree to a different amount of time, it may not exceed 30 days (§ 6-321).
Permitted Use of Security Deposit: The entire deposit must be returned to the tenant, except to cover incidents contingencies specified in the lease agreement (§ 6-321).
Security Deposit Deduction Notice Upon Move Out: Landlords must provide an itemized statement of the amounts deducted from the deposit, the purpose for the deductions, and the expenditures made from the deposit (§ 6-321).
Failure to Comply: If a landlord does not return the deposit or an itemization of the amounts retained, the tenant may follow a procedure within 21 days of moving out to obtain the deposit. See pages 23 and 24 of the Landlord and Tenant Manual.
Rent and Late Fees
Rent Fee: No statute. Rent is due as agreed upon in the lease.
Rent Increase: The landlord must notify the tenant at least 15 days of the end of the month in which the increase in rent applies (§ 55-307(1)).
Late Fees: No statute. The lease should specify.
Withholding Rent: No official statute. The tenant may take other actions to notify the landlord and sue in the event that the landlord fails to maintain a rental. See page 13 of the Landlord and Tenant Manual.
Repair and Deduct Rent: No official statute. The tenant may take other actions to notify the landlord and sue in the event that the landlord fails to maintain a rental. See page 13 of the Landlord and Tenant Manual. There is an exception for landlord’s failure to install smoke detectors after 3-day’s notice, in which the tenant may make the installation and deduct the cost from the rent (§ 6-320(a)(6)).
Notices and Entry
Landlord Access to Property: No official statute. The specifics should be stated in the lease agreement.
Notice of Entry With Extended Tenant Absence: If stated in the lease agreement, a written notice of 3 days is required (§ 55-210)
Notice to Terminate Tenancy At Will: The party with the intent to terminate the lease is required to submit a written notice at least 1 month before the intended date, as specified in the notice (§ 55-208).
- Landlords must maintain habitable conditions in dwelling units that comply with city and county ordinances, as well as state laws (Landlord and Tenant Manual (Page 11)).
- Tenants are required to protect and avoid damages to the property. This includes maintaining a clean unit, disposing of garbage properly, using appliances correctly, preventing damages, following the landlord’s regulations, and avoiding injuries to others (Landlord and Tenant Manual (Page 13 and 14)).
Retaliation: Landlords are not allowed to bring retaliatory measures against a tenant because the tenant seeks repairs or joins a tenants’ association (Landlord and Tenant Manual (Page 25)).
Lead Disclosure: Landlords must inform tenants of lead paint hazards and provide with the lease an information pamphlet on these hazards.
Notice of Termination - Nonpayment: Landlord must submit a written notice of at least 3 days requiring payment. If tenant has not submitted rent within that time, no further notice is required (§ 6-303(2)).
Notice of Termination - Lease Violation: A tenant in violation of the terms or conditions of a lease agreement has 3 days to comply with written notice from landlord. No further notice required if tenant fails to comply within that time (§ 6-303(3)).
For more information on Idaho Landlord Tenant laws please visit their website here.
As the situation with COVID-19 continues to evolve, the moratorium on foreclosures and evictions will continue to impact millions of rental properties across the country. For the most up to date information on this legislation, as well as to see if your city or county has additional directives in place, please contact your local representative.