An Idaho sublease agreement is used by tenants to rent out all or part of their rental property to a new tenant. Under this agreement, the current tenant is referred to as a “sublessor” and the new tenant is known as the “subtenant”. Idaho law permits tenants to sublease property as long as their existing lease allows for it.
Subleases in Idaho must follow the same terms and conditions of the original lease. However, the tenant may add additional terms and conditions to the sublease. For example, if the landlord allows smoking, but the existing tenant doesn’t want the subtenant to smoke on the property, they can add a No Smoking clause to the sublease.
A tenant cannot add anything to a sublease agreement that would violate the subtenant’s rights under Idaho law.
To save time and ensure everything is filled out correctly, we recommend using our free Idaho sublease agreement builder or reading our steps on how to write an Idaho sublease agreement below.
How to Write an Idaho Sublease Agreement
- In the intro paragraph, enter the date and the year, your name (the tenant), and the person you’re subleasing to (the subtenant).
- In the “Premises” section, describe the property you’re subleasing. The first blank should be the exact type of property you want to sublet (house, condo, room, or apartment). Then fill in the address of the property, including the city, state and zip code.
- In the “Lease” section, enter the date you signed your lease and your landlord’s name. Also, remember to attach a copy of the original lease for the subtenant’s reference.
- In the “Term” section, write in the number of months you’re subletting the rental, then write in the date the subtenant can move in and the date they have to move out.
- In the “Landlord Approval” section, write in the number of days your landlord gave you to submit a copy of the sublease. While Idaho law permits subletting, your landlord can prohibit it.
- In the “Rent” section, enter the total amount of rent for the entire term of the sublease. If the sublease is for 12 months, for instance, the amount will be 12 times the monthly rent. In the second blank, enter the monthly rent. The third blank is the date that the rent is due each month.
- In the “Late Fees” section, clarify how many days overdue is considered late for a rent payment. Then include the late fees the subtenant must pay if they fail to pay rent on time.
- In the “Security Deposit” section, enter the amount the subtenant shall pay for the security deposit. The amount is generally the price of one or two months’ rent.
- In the “Tenants Failure to Give Possession” section, enter within how many days you must deliver possession of the sublet to the subtenant. If you fail to deliver possession in that amount of time, the sublease is automatically terminated.
- In the “Governing Law” section, write “Idaho”.
- In the “Disputes” section, enter the jurisdiction. Since the property is in Idaho, the jurisdiction is most likely going to be Idaho.
Idaho Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Idaho. Once you’ve filled out an Idaho sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Idaho laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Idaho Landlord-Tenant Laws: Title 55 of the Idaho Statutes
In Idaho, a sublessor must:
- Give a subtenant three days (3) written notice to pay rent or leave
- Return the security deposit within twenty-one days (21) of the end of the sublease unless otherwise agreed upon, and no more than thirty days (30)
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Idaho Sublease FAQs
Is subletting illegal in Idaho?
No, subletting isn’t illegal in Idaho. Any tenant can sublet (sublease) their rental property if permitted by the landlord.
Can a tenant sublet without permission?
No, a tenant cannot sublet without permission. Tenants must get permission from their landlord before subletting the property. In most cases, the tenant’s lease will have a section that allows or disallows them from subletting.
How do I get out of a sublease?
You can only get out of the sublease by following the way outlined in the terms and conditions of the original lease.
Can the property owner evict me?
Yes, the property owner can evict you whether you’re the tenant or subtenant. Section 55-302 of the Idaho Statutes states that the property owner (the landlord) has the same remedies against the subtenant as they have against the original tenant.
Can I have pets if the sublease does not specify? (Or can I allow my subtenant to have pets?)
Refer to the original lease. If the property owner allows pets, the lessee may allow pets. However, if the original lease allows pets but the lessee doesn’t want to allow them, the lessee can prohibit pets in the sublease agreement.
Can I raise the rent on a subtenant?
Yes, you can raise the rent on a subtenant but you must give 30 days’ notice according to Idaho Statutes § 55-307.