ID
Idaho Landlord-Tenant Laws
Security Deposit Limits
Idaho Code
✅ Key Requirements
View Full Statute →
- No statutory maximum limit on deposit amount
- Amount determined by rental agreement between parties
- Landlord and tenant negotiate deposit amount
- Must be specified in lease agreement
- Landlord-friendly: flexibility in deposit amounts
Security Deposit Storage Requirements
Idaho Code
✅ Key Requirements
View Full Statute →
- Third-party managers: must use separate federally insured account
- Cannot mix with operating funds
- Exemptions: self-managing owners, affiliated managers, real estate licensees, nonprofits
- No interest payment required
- No notice of account location required (unless requested)
Security Deposit Return Timeline
Idaho Code
✅ Key Requirements
View Full Statute →
- 21 days if no time specified in rental agreement
- Maximum 30 days even if agreement specifies longer
- Must provide itemized statement if withholding any amount
- Statement must include: amounts retained, purpose, detailed expenditures
- Failure to return on time = forfeit right to withhold
Allowable Security Deposit Deductions
Idaho Code
✅ Key Requirements
View Full Statute →
- Allowed: unpaid rent, utility charges, damages beyond normal wear
- Allowed: cleaning to restore to original condition (not normal turnover)
- Allowed: charges specified in lease agreement
- Not allowed: normal wear and tear (legally defined)
- Normal wear: deterioration from intended use without negligence
- +1 more requirements
Security Deposit Wrongful Retention Penalties
Idaho Code
✅ Key Requirements
View Full Statute →
- Tenant must give 3-day written demand notice first
- Landlord has 3 days to respond after notice
- If still not returned: tenant may file lawsuit
- Potential penalty: up to 3x the deposit amount
- Court determines if retention was wrongful
- +1 more requirements
Eviction for Nonpayment of Rent
Idaho Code
✅ Key Requirements
View Full Statute →
- Requires 3-day Notice to Pay or Quit
- No grace period required by law (rent late day after due)
- Notice must state: amount due, 3-day deadline, 72-hour removal warning
- Tenant can cure by paying full rent within 3 days
- Payment stops eviction process
- +1 more requirements
Eviction for Lease Violations
Idaho Code
✅ Key Requirements
View Full Statute →
- Requires 3-day Notice to Comply or Quit
- Applies to lease violations other than nonpayment
- Tenant has 3 days to cure violation or vacate
- If violation is curable: tenant can remedy within 3 days
- If violation cannot be performed: no cure period available
- +1 more requirements
Eviction for Drug-Related Activity
Idaho Code
✅ Key Requirements
View Full Statute →
- No notice period required
- Applies to: production, delivery, or use of controlled substances
- Landlord may file unlawful detainer immediately
- Serious violation: no opportunity to cure
- Definitions follow Idaho criminal code § 37-2701
- +1 more requirements
30-Day Notice to Terminate Tenancy
Idaho Code
✅ Key Requirements
View Full Statute →
- 30 days' notice for month-to-month tenancies
- No cause required for termination
- Either party (landlord or tenant) may terminate
- For lease non-renewal: 30-day minimum notice before term ends
- Written leases may specify longer notice periods
- +1 more requirements
Unlawful Detainer Court Process
Idaho Code
✅ Key Requirements
View Full Statute →
- File: Complaint, Summons, General Civil Case Information Sheet
- Filing fee: $166 (under $10K) or $221 (over $10K)
- Expedited track: 5-12 days (nonpayment, drugs)
- Standard track: 21-day answer period
- Judgment gives 72 hours (residential) to vacate
- +2 more requirements
Landlord Duty to Maintain Property
Idaho Code
✅ Key Requirements
View Full Statute →
- Must provide: reasonable weatherproofing and weather protection
- Must maintain: electrical, plumbing, heating, ventilating, cooling, sanitary facilities
- Must not maintain in manner hazardous to health/safety
- Must respond to repair requests within reasonable time
- Tenant must provide notice of needed repairs
- +1 more requirements
Three-Day Notice for Repairs
Idaho Code
✅ Key Requirements
View Full Statute →
- Tenant must give 3-day written notice to landlord
- Notice must list: each specific failure or breach
- Notice must demand: performance or cure
- Landlord has 3 days to remedy issues
- After 3 days: tenant may file court action
- +2 more requirements
Tenant Court Remedies for Repairs
Idaho Code
✅ Key Requirements
View Full Statute →
- Must give 3-day written notice first
- May file lawsuit in district or small claims court
- Available remedies: repair orders, damages, rent reduction
- Must prove: proper notice, reasonable time passed, current on rent
- Cannot use if tenant caused condition
- +2 more requirements
Rent Withholding Prohibition
Idaho Code
✅ Key Requirements
View Full Statute →
- Rent withholding is NOT allowed in Idaho
- Cannot use rent money to pay for repairs
- Proper remedy: 3-day notice + lawsuit if needed
- Withholding rent = grounds for eviction
- Must continue paying rent even with repair issues
- +2 more requirements
Landlord Right of Entry
Idaho Law
✅ Key Requirements
View Full Statute →
- No statutory notice requirement
- Best practice: 24 hours' reasonable notice
- Purposes: inspections, repairs, showing property
- Emergency entry: no notice required
- Lease agreement may specify notice terms
- +2 more requirements
Late Rent Fees
Idaho Law
✅ Key Requirements
View Full Statute →
- Must be reasonable (no statutory maximum)
- Common standard: $20 or 20% of rent (whichever greater)
- No statutory grace period required
- Rent late day after due date unless lease says otherwise
- Must be specified in rental agreement
- +1 more requirements
Rent Increase Requirements
Idaho Code
✅ Key Requirements
View Full Statute →
- No rent control in Idaho (state preemption)
- No limit on increase amount
- Month-to-month: 15-30 days' written notice typical
- Fixed-term: cannot increase mid-lease unless lease allows
- Must provide written notice (verbal insufficient)
- +2 more requirements
Lease Agreement Requirements
Idaho Law
✅ Key Requirements
View Full Statute →
- Oral leases valid for terms under 1 year
- Written lease required for 1+ year terms
- Should include: parties, property, term, rent, deposit, duties
- Cannot waive tenant's statutory rights
- Should specify: late fees, repairs, entry, termination
- +1 more requirements
Small Claims Court
Idaho Code
✅ Key Requirements
View Full Statute →
- Maximum claim: $5,000
- No attorney representation allowed
- Simplified court procedures
- Common disputes: deposits, damages, rent, repairs
- Either party may appeal to district court
- +1 more requirements
Housing Discrimination Protections
Federal Law
✅ Key Requirements
View Full Statute →
- Protected classes: race, color, religion, national origin, sex
- Also protected: disability, familial status
- Idaho has no additional state-level protections
- Must make reasonable disability accommodations
- Must allow service animals regardless of pet policy
- +2 more requirements
Protection Against Retaliation
Idaho Law
✅ Key Requirements
View Full Statute →
- Limited statewide protections
- Some cities (Boise) have local ordinances
- Protected activities: repair requests, safety complaints, legal help
- Prohibited retaliation: rent increases, service reductions, eviction
- Tenant should document all communications
- +2 more requirements
Source of Income Discrimination (Boise)
City of Boise Ordinance
✅ Key Requirements
View Full Statute →
- Applies in Boise only (not statewide)
- Cannot discriminate based on income source
- Must count: wages, child support, social security, disability
- Must count: housing vouchers as income
- Exception: owner-managed properties with ≤2 units
- +2 more requirements
Expedited Eviction Process
Idaho Code
✅ Key Requirements
View Full Statute →
- Available for: nonpayment of rent, drug activity
- Hearing within 5-12 days (vs 21 days standard)
- Landlord's choice: expedited or standard process
- Expedited focuses on possession only
- Damages can be pursued separately or combined
- +2 more requirements