A lease is a contract by which one person (the lessor or landlord) gives to another (the lessee or tenant) the temporary use and possession of real property for a specified period in return for rent. Idaho recognizes oral leases for tenancies lasting less than one year. A lease for one year or longer must be in writing and signed to be enforceable.
A tenancy at will may be terminated by either party giving the other written notice. For a month-to-month tenancy, the landlord or tenant must give at least 30 days' written notice prior to the end of the rental period. For a week-to-week tenancy, at least 7 days' written notice is required. A landlord who wishes not to renew a fixed-term lease must give the tenant at least 30 days' written notice before the lease expires.
A landlord may not raise rent during the term of a fixed-term lease unless the lease specifically allows it. For month-to-month tenancies, the landlord must give written notice of a rent increase at least 15 days before the end of the rental period. For all other leases, the landlord must give at least 30 days' notice before the lease expiration. If the tenant does not accept the increase, the tenant may terminate the tenancy.
A landlord may change the terms of a month-to-month rental agreement by giving the tenant at least 15 days' written notice before the end of the rental period. The tenant may terminate the tenancy rather than accept the new terms.
Landlords must maintain the rental property to protect a tenant's safety and health. This includes complying with applicable city, county, and state housing codes and ordinances. Specific conditions that may constitute violations include: structural deterioration; defective plumbing; exposed wiring; nonfunctioning heating units; no means to remove garbage; insect infestations; leaking roof; and failure to install or maintain smoke detectors. The landlord has 3 days after receiving written notice from the tenant to remedy a violation before the tenant may seek court-ordered compliance.
The tenant must safeguard the rental property and must: keep the property clean and sanitary; properly dispose of garbage; use appliances, electrical fixtures, and plumbing facilities properly; prevent family and friends from damaging the property; obey the landlord's property regulations; use the property for only lawful purposes; and prevent injury to others due to actions performed on the tenant's property. If a tenant damages the property through carelessness or negligence, the landlord must give written notice and allow 3 days for repair before commencing eviction proceedings.
Idaho does not restrict the amount of rent, deposits, or fees a landlord may charge. Fees including late fees are only enforceable if they are stated in the lease or rental agreement. A late fee is deemed reasonable if it is either $20 or 20% of the monthly rent, whichever is higher. Bounced check fees are generally limited to three times the value of the check or $100.
A tenant is guilty of unlawful detainer and may be evicted when: (1) the tenant continues in possession after expiration of the lease without landlord's consent; (2) rent is unpaid and 3 days have elapsed after written notice demanding payment or possession; (3) the tenant violates a material lease term and 3 days have elapsed after written notice to remedy or quit; (4) the tenant is engaged in unlawful delivery, production, or use of a controlled substance on the premises; or (5) the tenant assigns or sublets without consent when prohibited by the lease.
A 3-day notice to pay rent or quit must state the amount of rent due and demand that the tenant pay the rent or vacate within 3 days. A 3-day notice for lease violations must specify the violation and demand that the tenant remedy the violation or vacate within 3 days. The notice must be served personally on the tenant, left with a competent person at the tenant's residence and mailed, or posted on the premises and mailed.
When rent is past due or the tenant is engaged in drug activity, an expedited summary trial procedure is available to the landlord to regain possession within 5 to 12 days after the tenant receives notice. The landlord must file an unlawful detainer complaint and serve the tenant at least 5 days before trial. The trial is held within 12 days of filing. The tenant may be required to pay the landlord's attorney fees if the notice disclosed that attorney fees would be sought.
Landlords may not engage in any form of self-help to force a tenant out of a rental property. Prohibited self-help actions include changing the locks, removing the tenant's belongings, shutting off utilities, or otherwise interfering with the tenant's possession without a court order. A landlord must obtain a court judgment and writ of restitution before removing a tenant.
A landlord may not terminate a tenancy, refuse to renew a lease, increase rent, or decrease services in retaliation against a tenant who: (1) complained in good faith to a governmental agency about building or housing code violations; (2) complained to the landlord about habitability issues; or (3) exercised any legal right or remedy. A tenant may raise retaliatory eviction as a defense in an eviction proceeding.
Upon termination of a tenancy, a landlord must return the security deposit within 21 days after the tenant vacates and provides a forwarding address. The landlord must provide an itemized written statement of any deductions from the deposit. The landlord may withhold amounts to cover unpaid rent, damages caused by the tenant beyond normal wear and tear, and excessive filth. If the landlord fails to return the deposit or provide an itemized statement within 21 days, the tenant may sue to recover the deposit plus damages. A landlord who misrepresents necessary repairs to wrongfully retain a deposit may be liable for the deposit amount plus up to three times the amount wrongfully withheld.
Normal wear and tear may not be deducted from a security deposit. Examples of normal wear and tear include: faded paint or carpet; minor scuffs on walls; worn carpet from normal use; and toilet rings. Examples of deductible damage include: holes in walls; broken fixtures; stains; burns; and excessive filth beyond normal use. Before deducting for cleaning, the landlord should document the condition of the unit at move-in and move-out.
Landlords must provide clear information to prospective tenants about lease terms, rent amounts, and other obligations before signing a lease. Landlords must provide a written statement detailing how security deposits are handled, including conditions for return and allowable deductions. Idaho does not require any additional state-specific disclosures beyond federal lead-based paint disclosure requirements for housing built before 1978.
Landlords must give reasonable notice before entering a rental unit. Idaho law does not specify a minimum number of hours but reasonable notice is generally considered to be 24 hours. Landlords may enter without notice in genuine emergencies involving imminent danger to life or property. The lease should specify the landlord's right to enter to inspect, make repairs, respond to emergencies, and show the property to prospective purchasers or tenants.
A tenant may not sublet the rental property without the landlord's written consent unless the lease specifically permits subletting. Unauthorized subletting is a ground for eviction. If the tenant sublets with permission, the original tenant remains liable for rent and any damages caused by the subtenant.
If a tenant remains in possession after the expiration of a lease and the landlord accepts rent, the tenancy is presumed to continue on a month-to-month basis at the same rent and on the same terms as the original lease. If the landlord does not accept rent and has not consented to continued occupancy, the landlord may immediately commence eviction proceedings.
Discrimination in renting based on sex, race, color, religion, disability, familial status (presence of children under 18), or national origin is illegal under federal and state law. A disability includes physical or mental impairments such as blindness, chronic alcoholism, and AIDS. Landlords may not falsely deny unit availability, run discriminatory advertisements, set restrictive standards for certain groups, refuse to accommodate disabled tenants, adopt inconsistent policies for different tenants, or terminate a lease for a discriminatory reason. Support animals, service animals, and companion animals are not legally considered pets.
A landlord or utility company may shut off utilities for a reasonable time when repairs need to be made. If a utility is discontinued because of the landlord's actions or inactions, the tenant should notify the landlord in writing demanding immediate restoration. The Idaho Public Utilities Commission prohibits public utilities from shutting off gas or electric heat during December, January, and February for customers who cannot pay and have children, elderly, or ill persons in the home.
After a writ of restitution is executed and the tenant is removed, the landlord may remove the tenant's personal property from the rental unit. The landlord must store the property in a reasonably secure location. The landlord must notify the tenant of the location of the stored property. The tenant has a reasonable period to claim the property. If the tenant fails to claim the property within the time specified, the landlord may dispose of it.
This chapter shall be known as the Manufactured Home Residency Act and governs the rental of lots in manufactured home communities. The Act covers the rights and responsibilities of manufactured home community landlords and residents, including required lease terms, park rules, rent increases, security deposits, eviction grounds, and termination procedures.
Any payment, deposit, fee, or other charge required by the landlord in addition to periodic rent, utility charges, or service fees that is collected as prepaid rent or to compensate for any resident default is a deposit governed by the security deposit provisions of this chapter. The landlord must return the deposit within 21 days after the resident vacates and provides a forwarding address, with an itemized written statement of any deductions.
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