Idaho Landlord-Tenant Law

Maximum deposit

Idaho sets no limit on the amount of a residential security deposit (Idaho Code § 6-321, silent). (Idaho Code § 6-321 (no amount limit))

Return deadline

Landlords must refund the deposit within 21 days after the tenant surrenders the premises, unless the lease sets a different period, which may never exceed 30 days (Idaho Code § 6-321(2)). (Idaho Code § 6-321(2))

Itemized deductions

A partial refund must come with a signed statement itemizing the amounts kept, their purpose, and a detailed list of expenditures from the deposit (Idaho Code § 6-321(2)). (Idaho Code § 6-321(2))

Interest on deposits

Idaho law does not require landlords to pay interest on security deposits (Idaho Code § 6-321, silent). (Idaho Code § 6-321 (silent on interest))

Penalty for wrongful withholding

A tenant whose deposit is not returned may sue after a 3-day written demand, and the court may enter judgment for up to three times the actual damages (Idaho Code §§ 6-320(a)(4), (d), 6-317). (Idaho Code § 6-320(a)(4), (d), Idaho Code § 6-317, Idaho Code § 6-324)

Late-fee limit

Late fees must be reasonable and may not exceed the amount stated in the rental agreement, and a new or higher fee under a written lease requires 30 days' written notice (Idaho Code § 55-305). (Idaho Code § 55-305)

• In effect since July 1, 2023.

Grace period

Idaho law sets no grace period before a late fee may be charged; the rental agreement controls (Idaho Code § 55-305, silent). (Idaho Code § 55-305 (no grace period))

Idaho has no statute on landlord entry, so access is governed by the lease; if the lease is silent, the Attorney General advises telling the tenant why entry is needed and agreeing on a reasonable time (Idaho Code tit. 6, ch. 3; tit. 55, ch. 3, silent). (Idaho Code tit. 6, ch. 3 (Forcible Entry and Unlawful Detainer), Idaho Code tit. 55, ch. 3 (Rights and Obligations of Owners))

Either side may end a month-to-month tenancy with written notice of at least one month (Idaho Code § 55-208). (Idaho Code § 55-208, Idaho Code § 55-304(2))

Idaho landlords must give residential tenants written notice of a rent increase at least 30 days before it takes effect (Idaho Code § 55-304(2)). (Idaho Code § 55-304(2))

Idaho has no rent control, and state law bars cities and counties from regulating the rent, fees or deposits charged for private residential property (Idaho Code § 55-306). (Idaho Code § 55-306)

Idaho statutes add no general disclosure for ordinary residential leases beyond the federal lead-paint rule for pre-1978 housing; manufactured-home community leases must list rent terms, included utilities, community rules, manager and owner names and addresses, and deposit-withholding terms (40 CFR 745.107; Idaho Code § 55-2007). (40 CFR 745.107, Idaho Code § 55-2007)

• Lead-based paint disclosure, lead warning statement and EPA pamphlet (Housing built before 1978 (unless exempt under 40 CFR 745.101)) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F (§ 745.107)
• Manufactured-home community lease terms: rent and other charges, included utilities and services, community rules, names and addresses of the manager and owner (or in-state agent), and deposit-withholding terms; on request, a pre-lease statement including the most recent rent increase (Manufactured-home community rental agreements only) — Idaho Code § 55-2007(1), (4)

Unpaid rent

Serve a written 3-day notice demanding the rent owed (stating the amount) or possession, which must also tell a residential tenant they will have 72 hours after any judgment to remove belongings (Idaho Code § 6-303(2)). (Idaho Code § 6-303(2))

Lease violations

For a breach of a lease condition other than rent, serve a written 3-day notice to perform the covenant or deliver possession; the tenant can save the lease by curing within 3 days, but no cure notice is needed when the breach cannot be cured, and illegal drug activity has no cure right (Idaho Code § 6-303(3), (5)). (Idaho Code § 6-303(3)-(5))