Idaho residential lease agreement

No Idaho statute sets a limit on application or screening fees. Idaho Code 55-305 requires fees imposed on a residential tenant to be reasonable and limits fees the rental agreement does not include; it does not say whether it reaches a fee charged to an applicant before any rental agreement exists.

Idaho Code § 55-305 Idaho Code title 6, ch. 3

• Cities and counties may not regulate the fees charged for leasing private residential property. Idaho Code § 55-306 See Rent control and local rules on the Idaho page
• Application forms and screening questions may not indicate a limitation or discrimination based on a protected class. Idaho Code § 67-5909(8)(f) See Fair housing on the Idaho page
• Check an eviction case's current disposition and public-record status when reviewing rental history. For cases filed on or after January 1, 2025, section 6-303A provides shielding without a petition when the entire case was dismissed, no appeal is pending, and either three years have passed since filing or the parties filed a stipulation to shield. A filed case is not the same as a judgment against the applicant. Idaho Code 6-303A(1) See Eviction process on the Idaho page
• Shielding removes records from public viewing subject to Supreme Court rules and the court system's capabilities. Court staff and parties to the case retain access, and a party may separately petition for sealing under court rules. Verify the relevant status rather than assuming the record has been erased or that every screening report is current. Idaho Code 6-303A(2) to (5)

Idaho's Human Rights Act makes it unlawful to discriminate in renting because of race, color, religion, sex, national origin or disability. That covers refusing to rent or negotiate, setting different terms, saying a unit is unavailable when it is not, and ads or application forms that show a preference.

Idaho Code § 67-5909(8) Idaho Code § 67-5902

• The disability rule also protects people without a disability who are associated with a person who has one. Idaho Code § 67-5909
• You must allow a disabled tenant to make reasonable modifications at the tenant's expense. Where reasonable, you may require the tenant to restore the premises at move-out, reasonable wear and tear excepted, and that term must be in the lease. Idaho Code § 67-5909(8)(h)
• The rental rules do not apply to a building with housing for no more than two families when you or a family member live in one of them, or to renting rooms in a home where you or a family member live. Idaho Code § 67-5910(7)

Idaho's landlord-tenant chapters require no set disclosure form in the lease itself. The statements Idaho law requires appear in the 3-day notice for unpaid rent: the 72-hour belongings statement and, to recover attorney fees, the attorney-fee statement.

Idaho Code § 6-303(2) Idaho Code § 6-324

• If you condition a disabled tenant's modification on restoring the premises, the restoration term must be included in the lease or rental agreement. Idaho Code § 67-5909(8)(h) See Fair housing on the Idaho page
• A fee a written rental agreement does not include needs 30 days' written notice before you charge it, and no fee may exceed the amount the agreement states. Idaho Code § 55-305(2) See Rent payments and late fees on the Idaho page

No section of Idaho's landlord-tenant chapters requires a flood disclosure to tenants.

Idaho Code title 6, ch. 3 Idaho Code title 55, ch. 2 Idaho Code title 55, ch. 3

• A tenant may sue if you keep the premises in a condition hazardous to health or safety or fail to provide reasonable waterproofing and weather protection. Idaho Code § 6-320(a)(1) Idaho Code § 6-320(a)(3) See Repairs and habitability on the Idaho page

No section of Idaho's landlord-tenant chapters requires you to disclose the owner or manager to the tenant.

Idaho Code title 6, ch. 3 Idaho Code title 55, ch. 2 Idaho Code title 55, ch. 3

• A tenant serves a repair notice on you or your agent, including by leaving it at your usual place of business, so a tenant needs to know where that is. Idaho Code § 6-323 See Tenant repair remedies on the Idaho page

Idaho sets no maximum security deposit. Any amount a tenant deposits with you for a purpose other than paying rent counts as a security deposit, whatever the lease calls it.

Idaho Code § 6-321(1)

• Because the definition turns on purpose, money deposited for pets, cleaning or keys is a security deposit under the statute. Whether a charge labelled nonrefundable escapes that definition is not settled by the text. Idaho Code § 6-321(1)
• Cities and counties may not enact or enforce rules that regulate the deposits charged for private residential rentals. Idaho Code § 55-306 See Rent control and local rules on the Idaho page

Refund the deposit within 21 days after the tenant surrenders the home, unless the lease fixes another time, and in every case within 30 days after surrender. You may keep only amounts needed for the contingencies the deposit arrangement specifies, and never any part for normal wear and tear.

Idaho Code § 6-321(1) Idaho Code § 6-321(2)

• A partial refund must come with a signed statement itemizing the amounts kept, the purpose of each, and a detailed list of expenditures made from the deposit. Idaho Code § 6-321(2)
• Normal wear and tear is deterioration from the intended use of the unit without negligence, carelessness, accident, misuse or abuse by the tenant, household members, invitees or guests. Idaho Code § 6-321(1)
• If the property changes owners during the tenancy, the new owner is liable for refunding the deposits. Idaho Code § 6-321(3)
• Failing to return a deposit as the law requires is a ground for a tenant's lawsuit, after the tenant gives you 3 days' written notice demanding it. Damages in that suit may be tripled. Idaho Code § 6-320(a)(4) Idaho Code § 6-320(d) Idaho Code § 6-317 See Tenant repair remedies on the Idaho page
• The clock runs from surrender of the premises. The statute does not tie it to a forwarding address. Idaho Code § 6-321(2)
• Idaho counts a period by excluding the first day and including the last, unless the last day is a holiday (every Sunday is one), in which case it is excluded too. Idaho Code § 73-109 Idaho Code § 73-108

Idaho does not require you to pay interest on a deposit or to hold it in any particular account yourself. A deposit for a home managed by a landlord's third-party manager must be kept in a separate account at a federally insured financial institution, apart from the manager's operating account.

Idaho Code § 6-321(4)

• The separate-account rule does not apply to a property owner, to managers who share members or principals with the owner entity, to a real estate licensee, or to a nonprofit organized under Idaho Code title 30, chapter 30. Idaho Code § 6-321(4)

No Idaho statute requires a move-in checklist, inspection report or photographs. The one move-in duty in the landlord-tenant chapters is to verify, when the rental agreement begins, that smoke detectors are installed and working.

Idaho Code title 6, ch. 3 Idaho Code § 6-320(a)(6)

• Deductions from the deposit still cannot cover normal wear and tear, so a record of the starting condition helps you show what changed. Idaho Code § 6-321(1) See Returning the deposit on the Idaho page

Idaho sets no dollar or percentage cap and no grace period for late fees, but any fee you impose on a residential tenant, including a late fee, must be reasonable. You may not charge a fee above the amount the rental agreement states. A fee the agreement does not include may be charged only if the agreement is oral or, for a written agreement, after you give the tenant 30 days' written notice of the change.

Idaho Code § 55-305(1) Idaho Code § 55-305(2)

• The fee rule applies to rental agreements entered into or renewed on or after July 1, 2023. Idaho Code § 55-305(3)
• The fee rule does not limit the amount of rent you may charge. Idaho Code § 55-305(4)
• If rent falls due on a Sunday or legal holiday, the tenant may pay on the next business day with the same effect. Idaho Code § 73-110 Idaho Code § 73-108
• When rent is unpaid, the notice to pay or leave gives 3 days. Idaho Code § 6-303(2) See Notice for unpaid rent on the Idaho page

For a dishonored check, a set collection fee you are entitled to under a written agreement (or a notice posted at the point of sale) may not exceed $20. Without such a set fee, a drawer who has not paid within 15 days after your notice of dishonor also owes interest at 12 percent a year from dishonor and collection costs of up to $20 or the face amount of the check, whichever is less.

Idaho Code § 28-22-105

• If you sue on the check after the notice and the 15 days, the court shall award reasonable attorney fees as part of the damages. Idaho Code § 28-22-105
• The section does not apply to a check dishonored because of a justifiable stop payment order. Idaho Code § 28-22-105
• The section speaks of checks. It does not address returned electronic or card payments. Idaho Code § 28-22-105
• Any returned-payment fee must also be reasonable, may not exceed the amount the rental agreement states, and needs 30 days' written notice first if a written agreement does not include it. Idaho Code § 55-305 See Rent payments and late fees on the Idaho page

Give the tenant written notice of any rent increase at least 30 days before it takes effect. This applies to every residential lease and overrides the older 15-day rule for month-to-month changes.

Idaho Code § 55-304(2)

• For a month-to-month lease, other terms may be changed by written notice given at least 15 days before the end of the month; the new terms take effect at the end of the month if the tenant stays on. Idaho Code § 55-304(1)
• Adding a fee, fine or other cost that a written rental agreement does not include takes 30 days' written notice, and no fee may exceed the amount the agreement states. Idaho Code § 55-305(2) See Rent payments and late fees on the Idaho page
• Idaho sets no limit on the amount of rent, and cities and counties may not regulate rent for private residential rentals. Idaho Code § 55-305(4) Idaho Code § 55-306 See Rent control and local rules on the Idaho page

No Idaho statute sets a notice period or conditions for a landlord entering an occupied home. Entry terms come from the lease, so write them in.

Idaho Code title 6, ch. 3 Idaho Code title 55, ch. 2 Idaho Code title 55, ch. 3

• Entering by breaking open doors or windows, or by violence or terror, is forcible entry, and so is turning out the person in possession by force, threats or menacing conduct. Idaho Code § 6-301 See Lockouts and utility shutoffs on the Idaho page

Idaho's landlord-tenant statutes set no general habitability standard, but a tenant may sue you for damages and specific performance if you fail to provide reasonable waterproofing and weather protection, fail to keep the electrical, plumbing, heating, ventilating, cooling or sanitary facilities you supply in good working order, or keep the premises in a condition hazardous to the tenant's health or safety.

Idaho Code § 6-320(a)

• The same action covers failing to return a deposit as required, breaching a lease term that materially affects health and safety (stated or implied), and failing to install approved smoke detectors. Idaho Code § 6-320(a)(4) to (6)
• Before suing, the tenant must give you 3 days' written notice listing each failure and demanding cure. Idaho Code § 6-320(d) See Tenant repair remedies on the Idaho page
• Damages in a successful action may be tripled. Idaho Code § 6-317
• These rules do not apply to agricultural tracts of 5 acres or more. Idaho Code § 6-320(e)

A tenant may sue only after giving you 3 days' written notice listing each failure and demanding performance or cure. If a listed problem is not fixed within 3 days after service, the tenant may sue for damages and specific performance. The only repair-and-deduct right in the statute is for smoke detectors.

Idaho Code § 6-320(d) Idaho Code § 6-320(a)(6)

• The tenant serves the notice by handing it to you or your agent, by leaving it with an employee at your usual place of business when you are absent, or by certified mail, return receipt requested. Idaho Code § 6-323
• In an action only for specific performance, the court sets trial within 12 days of filing and you must be served at least 5 days before trial; a damages claim follows the ordinary schedule. Idaho Code § 6-320(a)
• Damages may be tripled. The prevailing party is entitled to attorney fees, except where treble damages are awarded. Idaho Code § 6-317 Idaho Code § 6-324
• If you do not install working smoke detectors within 72 hours after receiving the tenant's certified-mail notice, the tenant may install them and deduct the cost from the next month's rent; the detectors then belong to you. Idaho Code § 6-320(a)(6) See Smoke alarms on the Idaho page
• Keep a repair file identifying the unit, the condition, when it began and any earlier reports. Add dated photographs and messages, describe how the problem affects use of the home and retain proof of delivery. A routine maintenance message and the formal notice used before a lawsuit are different steps; follow the notice content and service requirements above rather than assuming every message starts that process. Idaho Code § 6-320(d) Idaho Code § 6-323

No section of Idaho's landlord-tenant chapters requires particular locks or rekeying between tenants.

Idaho Code title 6, ch. 3 Idaho Code title 55, ch. 2 Idaho Code title 55, ch. 3

• The only safety device the statute requires is approved smoke detectors. Idaho Code § 6-320(a)(6) See Smoke alarms on the Idaho page

Install approved smoke detectors in each dwelling unit under your control and verify, when the rental agreement begins, that they are installed and working. The tenant must keep them in good working order during the tenancy.

Idaho Code § 6-320(a)(6)

• An approved smoke detector is battery operated, detects visible or invisible particles of combustion, and carries a label from an approved testing agency. Idaho Code § 6-320(a)(6)
• If working detectors are not installed within 72 hours after you receive the tenant's certified-mail notice, the tenant may install them and deduct the cost from the next month's rent. The detectors then belong to you and stay in the home. Idaho Code § 6-320(a)(6)

The general landlord-tenant chapters (title 6, ch. 3 and title 55, chs. 2 and 3) have no retaliation section, but Idaho's Human Rights Act makes it unlawful to treat anyone worse because they opposed a practice the Act forbids or filed a charge or took part in an investigation or case under it, and the Manufactured Home Residency Act bars retaliation against residents of rented lots in a manufactured home community.

Idaho Code title 6, ch. 3 Idaho Code title 55, ch. 2 Idaho Code title 55, ch. 3 Idaho Code § 67-5911 Idaho Code § 55-2015

• A manufactured home community landlord may not end or refuse to renew a lot tenancy, raise rent, cut services or threaten eviction because a resident complained in good faith to a code agency or to the landlord, joined a resident association or hired counsel. Idaho Code § 55-2015
• A tenant's statutory remedy for conditions and deposits is a lawsuit after a 3-day notice. Idaho Code § 6-320(d) See Tenant repair remedies on the Idaho page

Recover possession through the courts. Entering by breaking open doors or windows or by violence, or turning out the person in possession by force, threats or menacing conduct, is forcible entry, and keeping possession by force or threats is forcible detainer. Damages for a forcible or unlawful entry or detention may be tripled.

Idaho Code § 6-301 Idaho Code § 6-302 Idaho Code § 6-317

• After a judgment for possession, the sheriff restores possession to you. Idaho Code § 6-316(2) See Eviction process on the Idaho page
• A fast sheriff removal procedure exists for unauthorized occupants, but it is not available against current or former tenants under a written or oral rental agreement. Idaho Code § 6-310A(2)(f)
• No section of chapter 3 addresses shutting off a tenant's utilities. Idaho Code title 6, ch. 3

Either side may end a month-to-month (at will) tenancy with written notice of not less than one month. Your notice must be served in the manner the code of civil procedure prescribes and tell the tenant to leave within the period it names; the tenant's notice names a move-out date at least one month after the notice.

Idaho Code § 55-208(1) Idaho Code § 55-208(2)

• You may retake possession, or go to court, only after the notice period has run. Idaho Code § 55-209
• A tenant at will who stays after the notice has run is holding over, which is unlawful detainer. Idaho Code § 6-303(1) See Eviction process on the Idaho page
• A 30-day notice is shorter than one month when it runs through a 31-day month, so count by the calendar month. Idaho Code § 55-208

Idaho's landlord-tenant statutes give a tenant no general right to end a fixed-term lease early and set no rule on re-renting after a tenant leaves. Court decisions on those questions were not read.

Idaho Code title 6, ch. 3 Idaho Code title 55, ch. 3

• A court may issue a domestic violence protection order that excludes the respondent from a shared dwelling. The statute does not give the protected tenant a right to end the lease. Idaho Code § 39-6306
• Notice of nonrenewal is a separate rule: give it at least 30 days before a residential lease ends. Idaho Code § 55-304(2) See Not renewing a lease on the Idaho page

Serve a written notice giving the tenant 3 days to pay the rent due or give up possession. It must state the amount due and tell a residential tenant that, if a court enters judgment against them, they will have 72 hours to remove their belongings before you may remove and dispose of them.

Idaho Code § 6-303(2)

• To recover attorney fees in a nonpayment case, the notice must also advise the tenant that attorney fees shall be awarded to the prevailing party. Idaho Code § 6-324
• Serve it by handing it to the tenant. If the tenant is away from home and work, leave a copy with a person of suitable age and discretion there and mail a copy to the residence; if neither works, post a copy in a conspicuous place on the property, give one to a person living there if one can be found, and mail one to the property. Idaho Code § 6-304
• If a subtenant actually occupies the home, serve the subtenant too. Idaho Code § 6-303(2)
• You may serve the notice at any time within one year after the rent becomes due. Idaho Code § 6-303(2)
• Idaho counts a period by excluding the first day and including the last, unless the last day is a holiday (every Sunday is one), in which case it is excluded too. Idaho Code § 73-109 Idaho Code § 73-108

For a breach other than unpaid rent, serve a written notice giving the tenant 3 days to perform the broken condition or covenant or give up possession. If the tenant performs within the 3 days, the lease is saved.

Idaho Code § 6-303(3)

• If the broken covenant cannot be performed afterward, no notice to perform is needed. Idaho Code § 6-303(3)
• Committing waste, or assigning or subletting contrary to the lease, terminates the lease and lets you recover possession after a 3-day notice to quit, but the statute also lists a covenant not to assign or sublet among those a tenant may cure within 3 days, so the safer notice for an unauthorized assignment or sublet gives 3 days to cure or leave. Idaho Code § 6-303(4) Idaho Code § 6-303(3)
• Anyone's unlawful delivery, production or use of a controlled substance on the premises during the term is unlawful detainer, and such a possession case gets the fast trial schedule. Idaho Code § 6-303(5) Idaho Code § 6-310(1), (2) See Eviction process on the Idaho page
• Serve the notice the same ways as a notice for unpaid rent, including on any subtenant in actual occupation. Idaho Code § 6-304 Idaho Code § 6-303(3)

File an unlawful detainer action in the district court of the county where the property is. In a possession case for unpaid rent or controlled-substance activity on a tract of 5 acres or less, the court sets trial within 12 days of filing, and the tenant must be served at least 5 days before trial.

Idaho Code § 6-305 Idaho Code § 6-310(2)

• Those fast possession cases are tried by the judge without a jury, and a continuance longer than 2 days requires the tenant to post security for the rent. Idaho Code § 6-311A Idaho Code § 6-311
• Adding a damages claim to the possession claim removes the fast trial schedule. Idaho Code § 6-311E
• The complaint and answer must be verified. Idaho Code § 6-318
• The district court may assign unlawful detainer cases to a magistrate. Idaho Code § 1-2208
• A judgment for you restores possession, ends the lease in a rent or breach case, and awards the rent found due and damages. Idaho Code § 6-316(1)
• An appeal does not stop the judgment unless the court orders it. Idaho Code § 6-319
• The prevailing party is entitled to attorney fees, except where treble damages are awarded. Idaho Code § 6-324
• For a case filed on or after January 1, 2025, the records are shielded from public view without a petition if the whole case was dismissed, no appeal is pending, and 3 years have passed since filing or the parties filed a stipulation to shield. Idaho Code § 6-303A
• For a nonpayment case, the Idaho Court Assistance Office groups its forms by stage: the three-day notice and service affidavit; the civil information sheet, expedited complaint and summons; proof of service of the court papers; then hearing documents, judgment and writ. Use the current instructions and confirm that the nonpayment packet fits the claim. Keep copies of completed papers; listing a default form in the packet does not mean a landlord automatically wins. Idaho Court Assistance Office: housing forms
• The same official page provides a tenant answer for a nonpayment eviction and instructs the tenant to file it before the trial hearing date. Read the summons promptly, file the appropriate response and prepare to attend the hearing. Do not assume that the expedited process removes the need to respond, or that the separate forcible-detainer packet fits an ordinary rent dispute. Idaho Court Assistance Office: housing forms

After a judgment for possession, a residential tenant has 72 hours to remove belongings. Once that time has passed and 3 days have run since the court's finding, the sheriff restores possession and you may remove and dispose of what remains, subject to any security interests under Idaho Code title 28, chapter 9, without further compensation to the tenant.

Idaho Code § 6-316(2)

• A commercial tenant, or a tenant on a tract of 5 acres or more, has 7 days, which a court may extend for a commercial tenant on good cause. Idaho Code § 6-316(2)
• On good cause, the court may award you reasonable costs of removing the property and restoring the premises. Idaho Code § 6-316(2)
• No section of the chapters read covers belongings left by a tenant who leaves without a judgment. Idaho Code title 6, ch. 3 Idaho Code title 55, ch. 3

The small claims department of the magistrate division hears claims for money, or for personal property, worth up to $15,000. It cannot award punitive damages or damages for pain and suffering.

Idaho Code § 1-2301

• File in the county where the defendant lives or where the claim arose. Idaho Code § 1-2301
• A defendant who does not sign and file an answer within 21 days after service may have judgment entered against them. Idaho Code § 1-2303
• A deposit dispute can also be brought as a tenant's action for damages after a 3-day notice. Idaho Code § 6-320(a)(4) See Returning the deposit on the Idaho page

If you do not intend to renew a residential lease, give the tenant written notice at least 30 days before the nonrenewal.

Idaho Code § 55-304(2)

• A tenant who stays after the lease term ends without your permission is holding over, which is unlawful detainer. Idaho Code § 6-303(1) See Eviction process on the Idaho page

Idaho bars cities, counties and other local governments from enacting, keeping or enforcing any ordinance or resolution that would regulate the rent, fees or deposits charged for private residential rentals, or force owners into an optional federal housing assistance program.

Idaho Code § 55-306

• The ban does not limit a local government's control of residential property in which it has a property interest. Idaho Code § 55-306
• State law sets no limit on the amount of rent. Idaho Code § 55-305(4)