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    Idaho Residential Lease Agreement

    Idaho sets no statewide ceiling on security deposits, but the landlord must refund it within 21 days after move-out.

    Create a Idaho leaseFree to create, no card needed; an account is needed to save or e-sign.

    MakeLease generates a customizable lease; add these Idaho disclosures and terms.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    Idaho lease rules at a glance

    Key Idaho rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit capNo state capIdaho Code § 6-321 (no amount limit)
    Deposit return deadline21 days after move-outIdaho Code § 6-321(2)
    Late feesMust 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 · grace period: no state grace periodIdaho Code § 55-305, Idaho Code § 55-305 (no grace period)
    Landlord entry noticeNo state ruleIdaho Code tit. 6, ch. 3 (Forcible Entry and Unlawful Detainer), Idaho Code tit. 55, ch. 3 (Rights and Obligations of Owners)
    Ending a month-to-month lease30 days (either side)Idaho Code § 55-208, Idaho Code § 55-304(2)
    Rent increase notice30 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)
    Rent controlNone; cities barred from adopting itIdaho Code § 55-306
    Eviction notice for unpaid rent3 days (3-day notice to pay rent or quit)Idaho Code § 6-303(2)

    Idaho lease disclosures checklist

    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 onlyIdaho Code § 55-2007(1), (4)

    MakeLease generates a customizable lease; add these Idaho disclosures and terms.

    Before you sign in Idaho

    If a deposit is withheld wrongly
    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)
    Deductions from the deposit
    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 the deposit
    Idaho law does not require landlords to pay interest on security deposits (Idaho Code § 6-321, silent). (Idaho Code § 6-321 (silent on interest))
    Rent control and increases
    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)

    No statewide rent control; cities and counties may not enact, maintain or enforce any ordinance or resolution that regulates rent, fees or deposits for private residential property, except for property in which the local government has an interest (Idaho Code § 55-306, added 2025).

    If rent goes unpaid
    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))

    Idaho lease FAQs

    How much can a landlord charge for a security deposit in Idaho?

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

    How long does a Idaho landlord have to return a security deposit?

    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)).

    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). 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 a Idaho landlord give before entering a rental?

    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)).

    How much notice ends a month-to-month tenancy in Idaho?

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

    What disclosures does a Idaho lease need?

    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). The list covers Lead-based paint disclosure, lead warning statement and EPA pamphlet and 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.

    More on renting in Idaho

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