What Is an Idaho Lease Agreement
An Idaho lease agreement is a legal document that outlines the terms and conditions for renting a home or apartment between a landlord and a tenant. It includes important details like:
- The duration of the lease
- How much rent is due each month
- What each person is responsible for during the rental period
Residential lease agreements in Idaho must comply with state rules governing renting and evictions, as outlined in Idaho Code Title 55 and Title 6, Chapter 3. These laws help ensure that your lease is valid and enforceable in the event of any problems that may arise later. Legal Templates offers a free Idaho lease agreement template you can complete online to create a customized, state-compliant lease in minutes.
In Idaho, rental lease agreements can be for any length of time, provided that both parties agree in writing. Verbal (oral) lease agreements can’t be longer than one year. After that, they must be written down to be legally valid. If there’s no set end date, the agreement is treated as month-to-month, also called a tenancy at will. In these cases, either party can end the lease with 30 days’ written notice.
Before renting to a new tenant, landlords can use an Idaho rental application form to do a background check on potential tenants
Idaho Landlord‑Tenant Laws Overview
| Topic | Rule | Idaho Law |
|---|---|---|
| Rent Control | Idaho has no statewide rent control. | No law |
| Grace Period for Rent | No legal grace period. Rent is due as stated in the lease. | No law |
| Maximum Late Fee | No legal cap. Fee must be reasonable and stated in the lease | No law |
| NSF Fee | A fee of up to $20 may be charged for a bounced check. | Idaho Code § 28‑22‑105 |
| Security Deposit Limit | No state-imposed limit on the deposit amount. | No law |
| Security Deposit Return | Must be returned within 21 days (up to 20 if in lease). | Idaho Code § 6‑321 |
| Landlord Entry Notice | No specific notice required by law. 24 hours' notice is a common practice. | No law |
| Lead-Based Paint Disclosures | Required for homes built before 1978, per federal law. | EPA Requirement |
| Lease Termination Notice | Month-to-month tenancies require 30 days' written notice. | Idaho Code § 55‑208 |
Idaho Security Deposit Laws
Landlords in Idaho can collect a security deposit to cover unpaid rent or damage beyond normal wear and tear. State law gives general guidelines, but many rules should be clearly stated in the lease.
Maximum Amount
There is no limit on how much a landlord can charge for a security deposit in Idaho.
Deposit Handling
Idaho law does not require landlords to:
- Provide a receipt
-
- Store the deposit in a separate bank account
- Pay interest on the deposit
While not legally required, providing a receipt is considered a best practice and can help prevent future disputes.
Return Requirements
Unless the lease states otherwise, landlords must return the deposit within 21 days after the lease ends and the tenant has moved out. If the lease includes different terms, the deposit must be returned within 30 days at most (Idaho Code § 6‑321).
Withholding Rules
If the landlord keeps part of the deposit, they must give the tenant an itemized list of deductions. The deposit cannot be used for normal wear and tear, but it can be used for:
- Damages beyond normal wear and tear
- Cleaning costs
- Unpaid rent or late fees
Rent Rules and Payment Terms in Idaho
In Idaho, rental rules are mostly left up to what’s written in the lease. There are no rent control laws or set limits on fees. However, landlords still need to follow reasonable and fair practices.
Rent Due Date and Grace Period
Rent is due on the date specified in the lease, and Idaho law does not require a grace period. If rent is late, a landlord can serve a 3-day notice to pay or quit.
Rent Increases
Idaho has no rent control, so landlords can raise rent by any amount. However, for month-to-month leases, landlords must give at least 15 days’ written notice before increasing rent.
Late Fees
Idaho doesn’t set a limit on how much a landlord can charge as a late fee. However, the fee must be reasonable and must be included in the lease. If it’s not written into the agreement, the landlord may not be able to charge it.
NSF/ Bounced Check Fee
Landlords in Idaho can charge up to $20 for a bounced check. This fee should also be clearly stated in the lease agreement (Idaho Code § 28‑22‑105).
Withholding Rent
Tenants in Idaho generally cannot withhold rent for repairs. The only exception is if a landlord fails to install required smoke detectors after a written notice. In that case, tenants may withhold only the cost of installation. For other major repairs, tenants must give written notice and wait three days. If the landlord still does not act, tenants can file a complaint in court (Idaho Code § 6‑320(a)).
Landlord Entry Laws in Idaho
Landlords sometimes need to enter the rental unit for repairs, inspections, or showings. Most states have their own rules on how this should be done.
Notice Requirements
Idaho does not have a specific law requiring landlords to give advance notice before entering a rental unit. However, it’s considered best practice to provide at least 24 hours’ notice, unless there’s an emergency. Including an entry policy in the lease helps prevent misunderstandings and ensures a clear understanding of the terms.
Keys, Locks, and Security
There are no state laws regarding lock changes or key access, except for the rule that landlords cannot change the locks to evict a tenant. All evictions must go through the proper legal process.
Property Repair and Habitability Laws in Idaho
Idaho law requires both landlords and tenants to take care of the rental property. Understanding who’s responsible for what can help avoid problems during the lease.
Landlord Responsibilities
Landlords are required to maintain the rental unit in a safe and livable condition. This includes ensuring the unit meets basic housing standards and addressing issues that affect health or safety. Once the tenant reports a problem, the landlord has three days to begin repairs (Idaho Code § 6‑320 (d)).
Tenant Responsibilities
Tenants must:
- Keep the property clean and undamaged
- Use appliances and fixtures properly
- Let the landlord know about needed repairs
Idaho law doesn’t clearly allow tenants to “repair and deduct” from rent. Tenants should report problems in writing and give the landlord a fair amount of time to respond. Always keep records of your requests and communication.
Abandonment
If a tenant leaves belongings behind after moving out, Idaho law doesn’t provide detailed rules for handling them. However, landlords are generally expected to provide written notice and retain the terms for a reasonable period before disposing of them.
Idaho Lease Agreements By Type
Idaho lease agreements come in different formats to fit a variety of rental needs. The six templates below cover the most common residential and commercial situations. Each form is customizable to help you stay compliant with Idaho lease agreement laws.
Idaho Standard Lease Agreement
Defines a legally binding tenancy arrangement between a landlord and tenant.
Idaho Month-to-Month Rental Agreement
Tenants can take occupy a property on a monthly basis without having to make a long-term commitment.
Idaho Commercial Lease Agreement
Allows a tenant to use the landlord’s property for business purposes.
Idaho Room Rental Agreement
Formalizes a shared living arrangement within a residential property.
Idaho Sublease Agreement
Permits the subtenant to lease either all or a portion of the rented property for a defined duration.
Idaho Rent-to-Own Lease Agreement
Allows a portion of the monthly rent to contribute to the property's future purchase.
Required Lease Disclosures in Idaho
Idaho law requires landlords to include certain legal disclosures in every lease agreement. These help ensure compliance with both state and federal laws and protect both parties during the rental period.
Lead-Based Paint Disclosure
Federal law requires landlords to provide a lead-based paint disclosure form if the rental property was built before 1978. This includes sharing any known information about lead paint hazards and providing tenants with a lead safety pamphlet (Title 42 US Code § 4852d).
Owner or Managed Identification
Landlords are required to share the name and address of the property owners or anyone authorized to act on their behalf, such as a property manager. This allows tenants to know precisely who to contact about repairs, notices, or legal matters.
Sample Idaho Lease Agreement
View a sample Idaho lease agreement template below to see what information should be included. Then, use our step-by-step questionnaire to customize your own rental lease agreement that complies with Idaho law and download it as a PDF or Word file.
