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Idaho month-to-month lease agreement
Written for Idaho law, checked October 1, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
Idaho rules that apply
Ending a month-to-month tenancy
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)
More detail (3)
- 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
Either party may end a month-to-month tenancy by written notice of not less than one month.
Rent increases
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.
More detail (3)
- 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