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What the form covers?
This legal document summarizes the Idaho landlord-tenant laws. Landlords must maintain properties, return security deposits in 21 days, and give notice before entering. Both parties can end leases under certain conditions. There’s no statewide rent control, rents are market-based, and discrimination is prohibited. Landlords cover the utilities unless the lease says otherwise.
This agreement form includes an in-depth look at the following state laws:
- Idaho Residential Landlord-Tenant Act
- Security Deposit Law
- Lease Termination
- Landlord’s Access to the Property
- Rent Due Date plus Late Fees
- Eviction Procedures
- Property Maintenance
- Tenant Rights
- Rent Control
- Discrimination Protections
- Habitability Standards
- Utilities and Services
Idaho Residential Landlord-Tenant Act
Summary (Idaho Code § 55-200): Idaho has state laws governing the landlord-tenant relationship, including but not limited to the following:
- Maintenance of the Property – Landlords must keep up with local health and safety codes in order to make sure the rental properties are safe and habitable.
- Security Deposits – Landlords must return security deposits within 21 days after a tenant vacates the unit.
Security Deposit Law
Summary (Idaho Code § 55-203): In Idaho, landlords can charge a security deposit but must return it (minus any deductions) within 21 days after the tenant moves out.
- 21 Days – Timeframe for landlords to return the deposit.
- Itemized List – All deductions must be in an itemized list and given to the tenant.
Lease Termination
Summary (Idaho Code § 55-208): Both landlords and tenants can terminate a lease under the following conditions:
- Landlord’s Ability to Terminate
- 3-day notice for failure to pay rent.
- 3-day notice to cure a lease violation.
- Tenant’s Ability to Terminate
- Tenants may terminate for domestic violence with documentation.
- Provide 30 days’ notice to terminate a month-to-month lease.
Landlord’s Access to Property
Due Dates / Late Fees
Eviction Procedures
Property Maintenance
Summary (Idaho Code § 55-204): Landlords are required to maintain rental properties in a habitable condition and make all repairs after receiving written notice from tenants.
- Tenants can terminate the lease or seek damages if repairs are not made within a reasonable time after notice.
Tenants who make any repairs themselves are not legally entitled to deduct the cost from their rent payment.
Tenant’s Rights
Summary (Idaho Code § 55-204): Tenants in Idaho have rights protected under the law, including the following:
- Right to Privacy – Tenants have the right to privacy in their rental unit.
- Right to a Habitable Home – Tenants can expect their rental unit to be clean, safe, and habitable.
- Protection from Retaliation – Landlords cannot retaliate against tenants for exercising their rights, such as reporting any violations.
Rent Control
Summary (Idaho Lanlord-Tenant Manual): Idaho does not have statewide rent control laws. Landlords are free to set rent prices according to the current market conditions.
- No Local Rent Control – Tenants should be aware that there’s no local rent control mandates in Idaho.
Discrimination Protections
Summary (Idaho Code § 67-5909): Idaho law prohibits discrimination in housing based on race, color, religion, sex, national origin, disability, familial status, and sexual orientation.
- Filing Complaints – Tenants who believe they have faced discrimination can file a complaint with the Idaho Human Rights Commission.
Habitability Standards
Summary (Idaho Code § 55-204): Landlords in Idaho must make sure the rental property meets the basic local habitability standards, which include the following:
- Functional plumbing, heating, and electrical systems.
- Safe conditions free from health hazards.
Utilities and Services
Summary (§ 55-2708): Idaho laws regarding utilities should be written in the rental agreement. Landlords are responsible for the following services:
- Water and Electricity – Unless stated otherwise in the lease, landlords must provide the water and electricity utilities.
- Internet and Cable – Tenants are responsible for arranging and paying for these optional services unless included in the written agreement.