Under Idaho law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under Idaho Statutes Title 55 Chapter 3, such as the right to timely rent payments and a livable dwelling.Note: These rights cannot be waived regardless of what the rental agreement says.
In Idaho, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Idaho’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | No | Only if Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | Only Containers | Only Containers |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | No |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Idaho, landlords must make repairs within three days after getting written notice from tenants. If repairs aren’t made in a timely manner, Idaho tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. Read more
Landlords in Idaho are permitted to evict tenants for the following reasons:
At-will tenants in good standing are entitled to receive at least 30 days’ notice before being evicted. Tenants with a fixed-term rental agreement are not entitled to any notice.
It is illegal for landlords to evict a tenant as a form of retaliation or for discriminatory reasons.
It’s illegal for Idaho landlords to retaliate against tenants by attempting eviction after tenants report violations of housing or safety codes, or otherwise try to secure a legal right related to their rental of the property. Tenants can claim retaliation as a defense in an eviction action, or they can actively sue a landlord who’s retaliating against them.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If an Idaho tenant wishes to terminate a periodic lease, they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 1 Month |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 1 Month |
Early Termination: Idaho tenants may legally break a lease early for the following reasons:
If an Idaho tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Idaho does not have rent control, and state law prohibits cities and towns from creating their own rent control laws.
Because Idaho does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give at least 30 days’ notice. However, if the rental unit is a mobile home, rent increases are limited to once every six months and the tenant must be given at least 90 days’ notice.
Protected Groups: The Federal Fair Housing Act prohibits discrimination on the basis of race, color, national origin, sex, familial status, religion, or disability. These protections do not apply to some owner-occupied homes or homes run by religious organizations. Idaho state law clarifies that mental impairments, chronic alcoholism, blindness, and AIDS are covered under the “disability” portion of the Federal Fair Housing Act.
Discriminatory Acts & Penalties: The Idaho Human Rights Commission handles cases related to housing discrimination. The following behaviors may be considered discriminatory when directed at a member of a protected class:
Victims of housing discrimination can file a complaint with the Commission online.
In addition to having laws that address general issues like repairs and security deposits, most states, including Idaho, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Idaho landlords have the right to enter rental property for maintenance, inspections, and property showings. Unless there’s an emergency, the landlord must give “reasonable” advance notice before entering (typically at least 24 hours), and can only enter with the tenant’s permission.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Idaho Small Claims Court is a division of Magistrate Court. The process takes approximately one to three months.
Idaho landlords must make the following mandatory disclosure:
Idaho law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Many cities in Idaho have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see below for more general information.
Landlord and Tenant Manual – This handbook, published by the Idaho Attorney General’s Office, details nearly every consideration a landlord or tenant may need to make before, during, and after a lease agreement.
Landlord and Tenant Rights and Responsibilities – This pamphlet breaks down each party’s responsibilities under Idaho’s current landlord-tenant laws.
Can a Tenant Change the Locks in Idaho? Idaho tenants can change their locks if their rental agreement doesn't say otherwise. The landlord still has the right and responsibility to enter for particular reasons such as maintenance, so in most cases tenants must promptly give the landlord copies of any new keys. Read more » What Are a Tenant’s Rights in Idaho? Idaho tenants have the right to habitable housing. If a landlord violates this right, tenants can take legal action, including getting injunctions and/or monetary damages. Read more » Is Idaho a “Landlord Friendly” State? Idaho is a landlord-friendly state. There are few limits on fees and other charges, and landlords can manage security deposits how they wish. Tenant remedies for a landlord's failure to repair are also more limited than in many other places. Read more » Can a Landlord Enter Without Permission in Idaho? Idaho landords can enter a rental property without the tenant's permission in an emergency. In other situations, the landlord has to notify the tenant and get permission to enter, unless the rental agreement specifies different terms of access. Read more »
