An Idaho rental application is a helpful tool for property managers, landlords, owners, or anyone needing to vet a potential tenant before offering a lease agreement. The document ensures you collect the necessary information while respecting the rights of applicants.
Laws
- Application Fee – Non-refundable.
- Fee Limits – No limits (no statute).
- Security Deposit – No limits (no statute).
Application Fee
- There is no limit on what a landlord may charge for a rental application.
- Experts advise landlords and property managers to use their best judgment and keep the fees reasonable and proportional to the background check cost or other applicable fees.
Fair Housing Protections
- Under the Fair Housing Act (FHA), a landlord may not ask questions about a prospective tenant’s race, religion, national origin, familial status, disability, or sex (gender identity and sexual orientation).
- However, the Idaho Fair Housing Law allows some limited exemptions under certain circumstances: [1]
- Family status. You may inquire about children for two-family owner-occupied rentals. Owner-occupied rentals may decline to rent to families with children.
- Age. An applicant’s age can be a determining factor in age-restricted communities and senior housing. The Housing for Older Persons Exemption is a federal immunity for individuals over 62. [2]
- Idaho recognizes the Mrs. Murphy Exemption, which relieves owner-occupied dwellings of four units or less from the Fair Housing Act if the owner or a family member occupies one of those units. [3]
Security Deposit Limits
- Idaho state law does not limit the security deposit a landlord can collect. There is also no requirement for a separate holding account for the deposit.
- However, a rental unit must be available before the landlord can accept a deposit or fee. The law does not allow landlords to collect applications for future vacancies.
Pet Deposits
Landlords may charge tenants pet deposits as long as the amounts are reasonable. Service dogs and emotional support animals are exempt.