A summary of Idaho Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Security Deposit Limit
State law does not limit how much a landlord can charge for a security deposit.
Deadline for Returning Security Deposit
A landlord must return the security deposit within 21 days after the tenant has moved out, or up to 30 days if the tenant and the landlord agree.
Small Claims Lawsuits
Landlord-tenant monetary issues may be filed in small claims court for up to a maximum of $5,000.
Idaho state law does not cover late fees. If the lease agreement does not say anything about late fees, then no late fees can be charged.
At least 15 days’ notice is required for a landlord to increase rent for a month-to-month term. Longer lease terms must govern themselves as to if, when and how much rent can be raised. The amount of rent being charged cannot discriminate.
Idaho law does not allow a tenant to withhold rent based on unsafe living conditions and does not allow
a tenant to complete necessary repairs and then seek reimbursement from a landlord. The only exception
is with the installation of smoke detectors. If a landlord fails to install proper smoke detectors after being given a three day notice to do so, the tenant may install them and deduct the cost from the following month’s rent.
Termination and Eviction
An immediate notice to quit or be evicted may be served on any tenant using, delivering, or producing a controlled substance on the property at any time during the lease term.
A 3 day notice to quit can be used for those tenants assigning or subletting without the consent of the landlord or causing serious damage to the property
A 3 day conditional notice to cure or quit must be used for any other lease violations.
Right to Enter
If the lease does not include provisions for entering the property for maintenance, improvements, showing, etc., and the landlord needs to enter the property, the landlord should notify the tenant why the entry is necessary. The landlord and tenant then can agree on a reasonable time of entry. A tenant may not unreasonably withhold access to the property.
The court may exclude the defendant from a residence shared by the parties or from the petitioner’s residence.
Idaho Lease Agreement
Idaho Landlord-Tenant Law Statutes
Idaho Code §§ 6-301 to 6-324; §§ 55-208 to 55-308.