Idaho Late Fee Law
Idaho limits residential late fees by statute. Must be reasonable and no more than the amount stated in the rental agreement; a fee not in a written lease requires 30 days' written notice. State law sets no grace period, so any grace period comes from the lease.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Idaho late fee law at a glance
| Late-fee cap | Must be reasonable and no more than the amount stated in the rental agreement; a fee not in a written lease requires 30 days' written noticeIdaho Code § 55-305 |
|---|---|
| Grace period | No state grace periodIdaho Code § 55-305 (no grace period) |
| Notice before filing for unpaid rent | 3 days (3-day notice to pay rent or quit)Idaho Code § 6-303(2) |
Late-fee cap
- In effect since .
What Idaho law says
Is there a limit on late fees in Idaho?
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).
Does Idaho require a grace period before a late fee?
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)).
How much notice must an Idaho landlord give for 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)).
How Idaho compares
20 of 51 verified jurisdictions cap late fees by statute. 14 require a grace period.
None of Idaho's 6 neighbors follows the same rule.
| Late-fee cap · grace period | States |
|---|---|
| Statutory standard, no fixed amount · none | Idaho |
| No state cap · none | Montana, Wyoming |
| Statutory formula · 3 days | Nevada |
| Statutory formula · 4 days | Oregon |
| Statutory formula · none | Utah |
| No state cap · 5 days | Washington |
Other Idaho rules
| Security deposit limit | No state capIdaho Code § 6-321 (no amount limit) |
|---|---|
| Deposit return deadline | 21 days after move-outIdaho Code § 6-321(2) |
| Entry notice | No state ruleIdaho Code tit. 6, ch. 3 (Forcible Entry and Unlawful Detainer), Idaho Code tit. 55, ch. 3 (Rights and Obligations of Owners) |
| Rent-increase notice | 30 days (Other changes to a month-to-month lease's terms: written notice at least 15 days before the end of the month (§ 55-304(1)). New or higher fees under a written lease: 30 days' written notice (§ 55-305))Idaho Code § 55-304(2) |
| Month-to-month termination | 30 days (either side)Idaho Code § 55-208, Idaho Code § 55-304(2) |