An Idaho lease agreement is a legal document between a landlord and a tenant to use a rental property. This contract defines the lease term’s length and monthly rent amount owed. Additionally, the document outlines the responsibilities of both the landlord and tenant(s) and the consequences and solutions to potential problems.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: Yes.
A rental application is typically required from tenants to determine their eligibility before finalizing a lease agreement.
By Type (6)
Standard Lease Agreement
Defines a legally binding tenancy arrangement between a landlord and tenant.
Month-to-Month Rental Agreement
Tenants can take occupy a property on a monthly basis without having to make a long-term commitment.
Commercial Lease Agreement
Allows a tenant to use the landlord’s property for business purposes.
Room Rental Agreement
Formalizes a shared living arrangement within a residential property.
Sublease Agreement
Permits the subtenant to lease either all or a portion of the rented property for a defined duration.
Rent-to-Own Lease Agreement
Allows a portion of the monthly rent to contribute to the property's future purchase.
Required Lease Disclosures
If you wish to rent out your property in Idaho, ensure that your lease agreement complies with federal and state laws and regulations. [1] [2]
- One disclosure that landlords are required to make concerns lead-based paint hazards when the building dates before 1978. [3]
Security Deposit
- Maximum Amount: A landlord may request any amount of money as a security deposit from a tenant (No statute).
- Receipts: Not required, but considered good practice.
- Interest Payments: Not required.
- Bank Account: Not required.
- Returning Requirements: If a landlord doesn’t state a period in the lease agreement, they must return the security deposit to the tenant within 21 days of the end of the lease. If stated in the lease agreement, the maximum amount of time is 30 days. [4]
- Withholding Rules: If a landlord plans to withhold part of the deposit, they must provide an itemized list of deductions. Deposits cannot be used for normal wear and tear but can cover damages beyond that.
Rent Payments
- Laws: Rent is due as specified in the lease.
- Rent Control: Idaho has no rent control laws, allowing landlords to set and increase rent freely. However, they must provide tenants with a 15-day notice before increasing rent.
- Late Fees and Grace Period: State law does not cap late fees, but they must be reasonable and specified in the lease. There is no statutory grace period; rent is due on the date specified in the lease. If unpaid, the landlord can issue a 3-day notice to quit.
- Withholding Rent: Tenants may withhold rent only for the cost of installing smoke detectors if the landlord doesn’t install them after written notice. For other essential repairs, tenants cannot withhold rent but can file a court complaint if the landlord fails to fix the issue within three days of receiving notice. [5]
Landlord Right of Entry
- Notice Requirements: A landlord isn’t required to give advance notice to a tenant before entering a rental property, but it’s recommended to do so nonetheless (No statute).
- Keys, Locks, and Security: Except for the prohibition against changing locks to evict tenants, there are no specific regulations concerning lock changes.
Property Repairs
- Landlord Responsibilities: Landlords must maintain their property according to housing standards and complete requested repairs within three days of notice. If they fail to do so, tenants may pursue alternative remedies.
- Tenant Repairs: Tenants must maintain the property in good condition and make minor repairs if needed.
- Abandonment: A tenant’s abandonment can be shown by the return of keys, significant removal of personal property, tenant notice, extended unpaid absence, or any indication that would lead a reasonable person to believe the tenant has permanently left the premises.
Terminating a Lease
- Month-to-Month Tenancy: To terminate a monthly tenancy, one month’s notice is required. [6]
- Unclaimed Property: Evicted tenants have 72 hours to remove their belongings before the landlord can claim them. If the tenant wasn’t evicted, the landlord must file an eviction complaint and obtain a court order to remove and sell the property. [7] [8]
Sample
You can download an Idaho lease agreement template below in PDF or Word format.
