Landlord Guide to Renting in Idaho

Idaho permits both written and oral lease agreements. However, leases for a term of one year or more must be in writing to be enforceable under the Statute of Frauds (Idaho Code § 9-505). Written leases should clearly state the rental amount, payment due dates, lease duration, deposit terms, and maintenance responsibilities.

• Leases of one year or longer must be in writing (Idaho Code § 9-505)
• Month-to-month tenancies are created when no fixed term is specified or the lease expires without renewal
• Landlords should provide tenants with a copy of the signed lease agreement
• Lease provisions that conflict with Idaho Code Title 6, Chapter 3 may be unenforceable

Idaho does not impose a statutory maximum on security deposit amounts, and there is no requirement to hold deposits in a separate or interest-bearing account. However, landlords must comply with the deposit return timeline and itemization requirements under Idaho Code § 6-321.

• No statutory cap on security deposit amounts
• No requirement to hold deposits in a separate or interest-bearing account
• Deposits must be returned within 21 days after the tenancy ends, or up to 30 days if agreed in writing (Idaho Code § 6-321)
• Landlords must provide an itemized statement of any deductions

Idaho landlords are required to make certain disclosures at or before the start of a tenancy. Both state and federal disclosure rules may apply.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Disclosure of the identity of the property owner or authorized agent responsible for managing the property (Idaho Code § 6-322)
• Current condition of known defects in the property that could affect health or safety
• Written rental agreement should identify all parties and the property address

Rent is due on the date specified in the lease agreement. Idaho does not require a mandatory grace period for late rent payments. Landlords may charge late fees if the lease provides for them, but fees must be reasonable and not constitute a penalty.

• No statutory grace period — rent is due on the date stated in the lease
• Late fees are permitted if specified in the lease and must be reasonable
• Landlords may specify acceptable payment methods in the lease
• For nonpayment, landlords must provide a 3-day notice to pay or vacate before filing for eviction (Idaho Code § 6-303)

Under Idaho Code § 6-320, landlords must maintain the premises in a habitable condition and comply with all applicable building and housing codes affecting health and safety. Tenants must notify the landlord in writing of needed repairs.

• Maintain the premises in a condition fit for habitation (Idaho Code § 6-320)
• Comply with building and housing codes affecting health and safety
• Provide functioning plumbing, electrical, heating, and hot water systems
• Make repairs within a reasonable time after receiving written tenant notice

Idaho does not have a specific statute setting a minimum notice period for landlord entry. However, courts generally expect landlords to provide reasonable notice — typically at least 24 hours — and to enter only at reasonable times for legitimate purposes such as repairs, inspections, or showing the unit.

• No statutory notice period — 24 hours is the commonly accepted standard
• Entry should be at reasonable times for lawful purposes
• Permitted purposes include repairs, inspections, and showing the unit to prospective tenants or buyers
• No notice is required in emergencies

Idaho has no rent control laws. Landlords may increase rent by any amount at the end of a lease term. For month-to-month tenancies, the landlord must provide at least one full rental period's notice (typically 30 days) before a rent increase takes effect.

• No state or local rent control
• At least one full rental period's notice required for rent increases on month-to-month tenancies
• Rent cannot be increased during a fixed-term lease unless the lease expressly allows it
• Rent increases may not be retaliatory (Idaho Code § 6-320)

Idaho notice requirements depend on the type of tenancy and the reason for termination. Fixed-term leases expire automatically at the end of the stated term.

• Month-to-month tenancy: one full rental period's notice (typically 30 days) by either party (Idaho Code § 55-208)
• Week-to-week tenancy: at least 7 days' notice
• Fixed-term lease: terminates at the end of the lease term without notice
• Nonpayment of rent: 3-day notice to pay or vacate (Idaho Code § 6-303)

Evictions in Idaho are handled through an unlawful detainer action filed in magistrate court (Idaho Code § 6-301 et seq.). The landlord must first provide the appropriate statutory notice before filing.

• Serve the required notice (3-day notice for nonpayment or lease violation under Idaho Code § 6-303)
• File an unlawful detainer complaint in magistrate court if the tenant does not comply
• The tenant is served and may file an answer within the time set by the court
• If the court rules for the landlord, a writ of restitution is issued

Under Idaho Code § 6-321, landlords must return the security deposit within 21 days after the tenancy ends, or up to 30 days if a longer period is agreed to in writing. An itemized statement of deductions must accompany any withheld amount.

• Return deadline: 21 days (or up to 30 days if agreed in writing) after the tenancy ends (Idaho Code § 6-321)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, cleaning costs if needed to restore the unit
• An itemized statement of deductions must be provided in writing
• Failure to return the deposit or provide an itemized statement may result in liability for up to three times the withheld amount