February 9, 2024
Understanding landlord-tenant laws is crucial for both landlords and tenants in Idaho to ensure their rights and responsibilities are protected. Whether you're a landlord renting out property or a tenant seeking a rental unit, navigating the legal landscape can be complex. In this comprehensive guide, we'll address the top 20 questions related to Idaho landlord-tenant law to provide clarity and insight.
The information provided in this blog post is intended for entertainment and informational purposes only. While we strive to ensure accuracy and reliability, it should not be construed as legal advice or a substitute for professional legal counsel. Landlord-tenant laws vary by jurisdiction and may be subject to change. Therefore, readers are encouraged to consult with a qualified attorney or legal professional for personalized guidance and advice regarding specific legal matters.
What are tenant's rights in Idaho?
- Right to live on the premises. Provided tenants abide by the lease terms and other responsibilities, in Idaho, a landlord must follow the eviction process fully, which includes a written notice, trial and court order. A landlord may not change the locks or turn off utilities to try and evict a tenant.
- Right to privacy, peace, and quiet. Tenants need to be given reasonable notice of entry, this is usually defined in the lease agreement. However, this does not apply when emergency entry is required or during tenant abandonment. Tenants are also entitled to peaceful enjoyment of the premises and any disturbances to this must be rectified.
- Right to safety and health. The conditions of the premises should be safe and allow for healthy living. Tenants have a right to request repairs if this is not being met.
- Right against discrimination. The Fair Housing Act protects tenants against discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status and disability. Tenants are also protected against retaliation situations.
- All other rights outlined in the lease agreement.
What are tenant's responsibilities in Idaho?
- Pay full rent, timely.
- Keep the property clean and Sanitary.
- Use appliances properly, including plumbing and electrical fixtures.
- Dispose of Garbage Properly.
- Do not conduct any unlawful activity on the premises.
- Tenants are responsible for friends and family's actions on the property.
- Comply with all terms outlined in the lease agreement.
What are landlord's rights in Idaho?
- Maintain the property to safety and health standards. This includes complying with county ordinances and state laws regarding housing conditions. If these are not being met, the landlord has a responsibility to make necessary repairs within three days of being notified by the tenant.
- Return the security deposit, less any amount used for repairs.
- Comply with all terms outlined in the lease agreement.
Is Idaho a landlord friendly state?
Idaho is generally considered a landlord friendly state. There are no rent control laws or maximum limits to late fees and security deposits. This favorable environment provides landlords with greater flexibility in managing their rental properties and setting rental terms.
What can a landlord keep a security deposit for?
A landlord can not keep the entire or a portion of the security deposit for normal wear and tear. An itemized list needs to be provided by the landlord for all amounts retained. The security deposit, portion thereof and/or itemized list needs to be given to the tenant after 21 days of vacating the premises, or 30 days if previously agreed to in the lease. Security deposit disputes are usually the most common between landlords and tenants.
Can a tenant change the locks?
Tenant's are able to change the locks on the premises if they feel endangered. However, it is advised to notify the landlord about this to maintain transparency and open communication, fostering a positive landlord-tenant relationship.
What reasons can a tenant break a lease for in Idaho?
- If the lease contains an early termination clause.
- Active military duty.
- Landlord fails to uphold their responsibilities under local, state and federal law or as outlined in the lease.
- Tenant Death.
What reasons can't a tenant break a lease for in Idaho?
- Job Relocation.
- Domestic violence.
What's the purpose of the small claims court?
Although small claims court do not handle eviction proceedings, they're an effective option for settling rent-related cases with a value of up to $5,000. This provides both landlords and tenants with a means of resolving disputes outside of formal eviction processes.
Are oral lease agreements recognized in Idaho?
Yes, oral lease agreements are recognized in Idaho landlord tenant law. However, this is highly discouraged as every term is extremely difficult to prove and often no resolution is possible. It's essential for landlords and tenants to document agreements in writing to avoid misunderstandings and disputes in the future.
Is there a limit on late fees landlords can charge in Idaho?
Idaho does not have specific statutes regulating late fees, but they must be reasonable and outlined in the rental agreement to be enforceable.
Can tenants withhold rent for repairs in Idaho?
Tenants are not able to withhold rent for necessary repairs. However, if the repairs relate to habitability issues, tenants have a path to enforce these repairs that include sending a written notice and giving a reasonable opportunity to repair.
Are landlords required to disclose certain information to tenants?
Landlords must disclose lead-based paint hazards for all properties built before 1978. In addition to this, they are required to provide an educational pamphlet on the potential hazards associated with exposure to lead-based paint. This disclosure requirement aims to protect tenants from potential health risks and ensure informed decision-making regarding rental properties.
Can landlords raise rent?
Landlords can raise rent with 15-day notice for month to month agreements. For longer agreements, they are not able to raise the rent during the lease term unless otherwise specified in the lease. Landlords are required to provide notice of rent increase at least 30 days before the expiry of the current lease term. There is also no limit to how much a landlord can raise rent, but it is expected to be "reasonable". Read our post on Rent Control here.
What can tenants be evicted for?
- Issued notice to vacate at the end of lease term.
- Failure to uphold responsibilities as outlined in the lease agreement.
- Engages in unlawful activity.
- Non-payment of rent.
Can a landlord seize tenant's property?
Whether this is done for eviction, non-payment or any other reason, it is not allowed by Idaho landlord tenant law. Landlords need to follow the procedure as outlined by the relevant statute.
Is subletting legal in Idaho?
Subletting in Idaho is allowed, unless a clause in the lease directly prohibits it. Either way, it is highly advised to speak to the landlord before considering this.
What should a lease contain?
Leases should generally contain the following:
- Details of parties.
- Property address or description.
- Term of the lease.
- Rental amount.
- Security deposit details.
- Who is responsible for maintenance.
- Rental amount.
- All other rights and responsibilities for each party.
Can landlords charge a fee for bounced checks or late payments?
Landlords in Idaho can charge reasonable fees for bounced checks or late rent payments, but these fees must be specified in the rental agreement and comply with state law. This fee helps cover administrative costs associated with processing late payments and ensures timely rent collection for landlords.
Is renter's insurance required in Idaho?
Although there is no federal or state law for this, landlords in Idaho can require tenants to purchase renter's insurance as a condition of the lease agreement. However, it must be clearly outlined in the rental agreement.
Navigating Idaho's landlord-tenant laws requires a comprehensive understanding of the rights and responsibilities of both parties involved. By addressing common questions and concerns, this guide aims to provide clarity and guidance to landlords and tenants alike. However, it's important to remember that this information serves as a general overview and should not be construed as legal advice. For more info on our services, be sure to read our Legal Compliance Service Page.
