Are you looking to learn about landlord and tenant law in Idaho?
The Idaho rental laws have been put in place to protect the interests of both landlords and tenants. These laws provide information on the tenant rights and responsibilities of Idaho tenants and property managers alike.
As an Idaho landlord, it’s important to understand the state’ laws. Making sense of these laws is essential for resolving disputes without having to hire an attorney. Many times rental conflicts between landlords and tenants simply result from an incomplete understanding of legal responsibilities and rights.
To save yourself from running into issues and having to hire a lawyer, you should make sure you understand the laws that govern your Idaho rental property. Here are the principles of landlord and tenant relationships under Idaho law:
There aren’t any specific laws in Idaho that govern the landlord’s entrance into the rental property. A landlord may enter the property whenever there is a need to do so, such as for inspections or to make repairs after resident complaints.
However, Idaho law does require landlords to figure out a housing entry system with their tenants. The system should be detailed in the Idaho rental agreement, which means defining what constitutes proper reasons and reasonable notice to give a renter.
A landlord in Idaho must be thorough in detailing this notice system in their written lease agreement to prevent legal conflicts with their tenant later. Without this, they may end up facing large costs for an attorney.
The state of Idaho doesn’t have any state-level rent control laws restricting landlords. As a result, Idaho landlords may freely raise the monthly rent without the need to justify the particular raise amount to their tenant.
When landlords raise the rent, they need to provide written notice to their tenants 15 days in advance before the month that sees an increased rent payment. There are no statutes that would limit late rent payment fees. However, each fee must be spelled out in the Idaho rental agreement to hold legal strength.
Again, landlords should be thorough in drafting up this section of their lease agreement. You’ll want to include information about late fees as well. Failure to do so may result in conflict that requires the service of a qualified lawyer.
A security deposit is any amount a tenant gives to their landlord, in addition to their monthly rent payments. The security deposit serves as a financial safety instrument for landlords to protect themselves. They can use the fees from these security deposits to cover expenses related to rental property damage repairs (not normal wear and tear repairs) and payment failures that may result from a negligent tenant.
An Idaho landlord must return the security deposit to the tenant within 21 days after the lease term ends and the renter has moved out. In theory, this period can be cut shorter or extended. Although, this is only a possibility if a landlord’s tenant has agreed with it beforehand.
Even if a renter agrees to an extension of this deposit return period, a landlord must still return the security deposit within 30 days’ time. Failing to return the deposit within these 30 days is illegal in the state of Idaho and landlords should be careful not to do so.
In Idaho, there’s no limit on the amount landlords can charge for a security deposit. A tenant is unable to use the security deposit to pay their monthly rent during their tenancy. Security deposits must be kept strictly separate from monthly rent payments. You should include a section on the security deposit in the lease agreement.
Breaking a Lease in Idaho
Many lease agreements have an early termination clause. This clause is the easiest way for tenants to legally break a lease in the state of Idaho. Should there be no such clause in the lease agreement, however, the following reasons might be sufficient as well:
- When the landlord can’t provide habitability in the rental property anymore and fails to make necessary repairs to keep the property safe, the tenant will have the chance to legally terminate their lease.
- Under Federal law, service members can go through with a lease termination thirty days before the next payment period when they have to change the station or get deployed and relocated.
- A tenant is likely to have a proper ground for lease termination when their landlord is liable for harassment. For example, landlords that continuously ignore the entry requirements defined in the Idaho lease agreement may constitute harassment.
If you’re unsure about the justification of terminating a lease, you may want to get an attorney to provide you with legal guidance.
Idaho landlords need to look into potential local ordinances that they have to follow in their particular area in addition to state and federal laws. Many different towns and counties in Idaho may have numerous laws in place that might differ from the state or federal laws you’re already following.
The typical laws set housing standards for a landlord to meet to ensure the health and safety of the tenants. Sometimes, there are local ordinances that regulate nuisance and noise to raise a tenant’s quality of life. If you’re unsure about any of these local ordinances and need to get legal help, hire the services of a qualified attorney.
Fair Housing Principles
The federal Fair Housing Act ensures that everyone in the United States has equal opportunities when participating in housing market transactions without facing discrimination. As an Idaho landlord, it is against the law to discriminate against the protected classes listed in the federal Fair Housing Act.
The protected classes include religion, race, familial status, gender, disability, national origin, and color. An act of discrimination is whenever a person from the protected class receives a different treatment compared to other housing applicants.
A typical practice of discrimination of a landlord is pricing a property differently based on the housing applicant’s identity or background. Another kind is the provision of wrong information about the availability of rental units to prospective tenants. As a landlord, you must comply with the federal Fair Housing Act at all times and avoid discrimination.
Under Idaho law, you need to provide a solid reason to evict a tenant. While each case may come with unique circumstances, many of them fall into one of the following categories of Idaho’s eviction laws:
- When your tenant violates a lease term, you can serve them with a 3-Day Notice to Pay or Vacate. Should your tenant fail to curb their behavior with the written notice period, you can move forward with an eviction to end their tenancy. This process starts after you file an Unlawful Detainer.
- Does your tenant fail to pay rent? After the grace period (if applicable) or the first of the month, you have to serve them with a written 3-Day Notice to Pay. When that notice doesn’t bring any results, you can then proceed with a formal eviction against your tenant.
- A written 3-Day Unconditional Quit Notice can be served to tenants that seriously damage your property.
- Illegal activities carried out on the premises of your Idaho rental property by a tenant may result in the filing for a Forcible Entry and Unlawful Detainer in an expedited manner. For instance, a tenant producing or selling drugs on your property means that you won’t have to file for eviction with an Idaho notice.
If you’re unsure whether the behavior of your tenant falls into one of these categories or what kind of notice to serve in each case, you may want to use the services of a professional attorney to help you understand the Idaho law.
Conclusion: Landlord-Tenant Law in Idaho
As a landlord in Idaho, you benefit from understanding the landlord-tenant law in Idaho. When a landlord knows the responsibilities and rights of both landlords and tenants, they’ll be more efficient in conflict resolution with their tenants. If you’re a first-time landlord, click here for an overview of the basic landlord rights and responsibilities in Idaho.
As with any other legal regulations, there are going to be many complex situations and gray areas in the landlord-tenant law. We recommend speaking to a qualified attorney when you need to make sense of more complicated cases and how they pertain to Idaho landlord-tenant laws. If you do not want to use the services of an attorney, a property management company may have the expertise to help you as well. Contact Five Star for more information regarding this post or any other Idaho property management needs.
Disclaimer: This blog should not be used as a substitute for legal advice. Please contact a licensed attorney in your state for legal advice. A state law can frequently change, and the information in this post might not be updated at the time of your reading.