Gavin Howe
If you're looking to understand your rights as a tenant or landlord in Idaho, there are several laws and local ordinances to be aware of. While Idaho does not have many statutes governing the landlord-tenant relationship, specific topics such as security deposits, evictions, privacy protections, and anti-discrimination laws are covered by state statutes. It's important for both tenants and landlords to understand these laws to avoid legal disputes and ensure a positive rental experience. If you have any questions or need legal advice, you can contact a local landlord-tenant lawyer or a law firm specialising in landlord-tenant law.
| Characteristics | Values |
|---|---|
| Time taken to fix AC | Idaho has a three-day period to do repairs |
| Eviction | Landlords must follow specific rules and procedures to terminate a tenancy and file an eviction lawsuit (called an "unlawful detainer" lawsuit) |
| Landlord entering the rental | With the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property |
| Lead-based paint disclosure | Landlords with rentals built before 1978 must provide this |
| Retaliation | Punishable by law |
| Damages | The landlord may be required to pay three times the tenant's damages, along with the tenant's attorney fees and court costs |
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What You'll Learn
Security deposits and eviction
In Idaho, security deposits and evictions are governed by state statutes. While there is no maximum security deposit limit in the state, landlords usually collect a deposit equal to one to two months' rent. Landlords have 21 days to return deposits, and this timeframe can be adjusted to up to 30 days if both parties agree.
According to Idaho Code § 6-321(1), any deductions a landlord plans to make from a security deposit must be specified in the written lease. Deductions cannot include normal wear and tear, but they may cover costs such as unpaid rent, damages beyond normal use, cleaning, and unreturned keys. If the damage costs exceed the deposit, landlords can pursue additional compensation from former tenants.
In the case of eviction, Idaho landlords must follow specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit (known as an "unlawful detainer" lawsuit in Idaho). A landlord must have a legally valid reason to terminate the tenancy, such as failure to pay rent or violating the lease agreement. Before filing an eviction lawsuit, the landlord must first terminate the tenancy by providing proper notice and allowing the tenant the opportunity to remedy the issue.
Tenants have certain rights and protections under Idaho law. For example, if a tenant disputes the landlord's deductions from their security deposit, they have three days to demand the disputed amount back. If the landlord refuses, the tenant can take legal action by filing a case in small claims court. Additionally, landlords must provide reasonable notice before entering a rental unit, unless there is an emergency.
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Landlord entry and privacy
Unlike most other states, Idaho doesn't have many statutes governing the landlord-tenant relationship. Landlords can always enter a rental property with the tenant's consent or when there is a reasonable belief that there is 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 make repairs. However, even in the absence of such a law, a landlord's entry should be reasonable. This means that the landlord should give the tenant at least 24 hours' notice, enter only when there is a good reason (not just to snoop around), and enter only during convenient hours.
If you want to read the text of a law itself, you can refer to the Idaho Legislature's website. Cities and counties in Idaho also often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules, which can affect landlords and tenants. Many municipalities have websites where you can find this information.
To summarise, while Idaho law does not specify the exact circumstances under which a landlord can enter a rental property, it is generally expected that landlords provide reasonable notice and have a valid reason for entering, respecting the tenant's privacy as much as possible.
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Application fees and tenant screening
Idaho law does not regulate much of the tenant application and screening process. There is no law in Idaho that prohibits landlords from charging an application fee or a tenant screening fee. 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 a suitable tenant. Landlords are free to charge a reasonable amount for these screening reports.
Idaho does not have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must be careful not to discriminate when considering an applicant's criminal history. 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 specific race for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties.
Landlords should follow the Idaho Landlord and Tenant Manual for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they pose a risk to the safety of other residents or the property. Landlords in Idaho are also subject to the federal Fair Credit Reporting Act (FCRA), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information without a legal reason to do so. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify prospective tenants when their credit score or history was the reason for their denial.
In addition to federal fair housing laws, Idaho's fair housing laws prohibit discrimination on the basis of race, colour, religion, sex, national origin, disability, or familial status. However, Idaho excludes familial status discrimination from its law. Cities and counties in Idaho may also have their own local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Therefore, it is important to review local ordinances or seek legal advice for accurate guidance.
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Lease agreements and termination
Lease agreements and their termination are governed by Idaho's specific housing laws, which define the responsibilities and protect the rights of both landlords and tenants. While Idaho doesn't have many statutes governing the landlord-tenant relationship, certain aspects, such as security deposits and evictions, are addressed by state statutes.
Idaho offers various types of lease agreements, including fixed-term leases, month-to-month leases, and commercial leases. Fixed-term leases specify a set period, typically one year, providing stability as terms cannot be changed without mutual consent. Month-to-month leases offer flexibility, automatically renewing each month unless terminated by either party. Commercial leases are designed for businesses renting space and focus on their operational requirements.
Lease termination in Idaho requires clear procedures. Both landlords and tenants must follow specific rules to end a lease. A termination clause in the lease agreement outlines the specific conditions under which either party can terminate it. Common reasons for termination include non-payment of rent and lease violations. Tenants must provide written notice to landlords, typically 30 days before vacating the premises.
If a tenant violates the lease terms, such as non-payment of rent, the landlord can initiate the eviction process. This starts with serving a written notice to the tenant, allowing them time to correct the violation. If the issue remains unresolved, the landlord may file for eviction in court. Landlords must have a legally valid reason to terminate the tenancy before the lease agreement expires.
To ensure compliance with state laws and lease agreements, tenants must also abide by guidelines regarding noise, guests, and property use. Tenants have the right to a habitable living space, and landlords are responsible for providing utilities, maintaining structural integrity, and ensuring the property is free from health hazards. If repairs are not made within a reasonable time, tenants may have the legal right to withhold rent or terminate the lease.
For further guidance and to understand your rights and obligations, you can refer to resources such as the Idaho Landlord Tenant Laws, Idaho Landlord Tenant Rental Laws & Rights, and the Uniform Residential Landlord & Tenant Act. Additionally, you may consider contacting an Idaho landlord-tenant law attorney or conducting legal research to verify the specific laws and regulations relevant to your situation.
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Rent payments and repairs
Idaho does not have many statutes governing the landlord-tenant relationship. Instead, landlords and tenants negotiate many of their own terms in the lease or rental agreement. However, there are still some important regulations and guidelines regarding rent payments and repairs that both parties should be aware of.
Rent Payments
Landlords in Idaho can charge any amount of rent they deem appropriate as the state does not impose any rent control laws. They are also allowed to increase the rent without any limitations. However, they must provide tenants with a 15-day notice before implementing the rent increase. While there are no state laws limiting the amount of late fees, these fees must be reasonable. Bounced check rent fees are typically restricted to three times the value of the check or $100.
Repairs
Landlords in Idaho have the obligation to provide a habitable living space and keep their property compliant with regular housing parameters. They are responsible for making any necessary repairs and must address repair issues within three days of receiving proper notice from the tenant. If the landlord fails to make the requested repairs within this timeframe, the tenant can sue for repairs or compensation.
It is important to note that tenants cannot legally withhold rent due to failed or lack of repairs. However, they can choose to terminate the lease if all efforts to make the repairs have been exhausted. If the lease is month-to-month, tenants have the right to vacate the premises.
To ensure a healthy leasing relationship, landlords should include certain clauses in their written lease agreements, such as the person responsible for repairs and maintenance. While not required by law, it is recommended that landlords provide at least 24 hours' notice before entering the rental property for repairs or other valid reasons.
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Frequently asked questions
You can contact a local landlord-tenant lawyer or a law firm that specialises in landlord-tenant law.
Some key laws for tenants in Idaho include:
- Limits on security deposits
- Required notices for entry by landlords (generally at least 24 hours)
- Habitability requirements, obligating landlords to maintain safe and sanitary premises
- Anti-discrimination protections
Some key laws for landlords in Idaho include:
- The ability to screen prospective tenants
- The ability to collect rent in a timely manner
- The right to take steps to remove tenants who violate lease terms
- The ability to request application fees to cover the costs of background and credit checks
Before renting a property in Idaho, tenants should:
- Thoroughly check the rental unit and understand the terms of the lease agreement
- Be prepared to pay required fees and deposits
- Inspect the unit for any existing damages or issues
- Ask about who is responsible for repairs and maintenance and how requests are handled
