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Idaho Landlord-Tenant Law

by Margaret O'Brien

[Idaho]

Fair Housing

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…

  • Race
  • Color
  • National Origin
  • Religion
  • Sex
  • Familial Status
  • Disability

Learn about fair housing at the federal level here https://resources.hemlane.com/landlord-must-know-fair-housing/

Idaho protects the same categories as federal law.
(ID ST § 67-5909)



Security Deposit

  • 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).



Disclosures

Landlord’s Responsibilities:
Tenant’s Responsibilities:
  • 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.



Eviction Laws

  • 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)).

Idaho-Eviction-Laws

For more information on Idaho Landlord Tenant laws please visit their website here.