Idaho Residential Lease Agreement

A lease that works in the State of Idaho has to respect Idaho landlord-tenant law: no statutory ceiling on the security deposit, accounted for within 21 days of move-out, and no statutory ceiling on late fees. Below is every number that governs a Idaho tenancy, with the statute it comes from.

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Idaho rental law at a glance

Each row is the rule Landy applies when it builds a Idaho lease. The citation is printed in the finished document too, so a tenant can check it.

Idaho landlord-tenant rules with statutory citations
RuleIdahoCitation
Security deposit limitNo statutory limitIdaho sets no statutory cap on the security deposit amount.No statute on point
Deposit return deadline21 daysLandlord must return the deposit within 21 days, or up to 30 days if the lease so provides.Idaho Code § 6-321
Interest on depositsNot requiredIdaho does not require interest on security deposits.Idaho Code § 6-321
Late fee limitNo statutory limitIdaho sets no statutory late-fee cap; the fee must be stated in the lease.No statute on point
Grace period before rent is lateNo statutory grace periodIdaho sets no statutory grace period for rent.No statute on point
Notice to pay or quit3 daysTenant has 3 days to pay rent or vacate before the landlord may file for possession.Idaho Code § 6-303
Time to cure a lease violation3 daysTenant generally has 3 days to remedy a curable lease violation.Idaho Code § 6-303
Ending a month-to-month tenancy30 days' noticeEither party must give at least 30 days' written notice to end a month-to-month tenancy.Idaho Code § 55-208
Notice before landlord entryNo statute — Landy's lease sets 24 hours by agreementIdaho has no statutory entry-notice requirement, so Landy's lease sets one by agreement.No statute on point

Disclosures a Idaho lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

  • Lead-Based Paint Disclosure

    Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.

    42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978

If things go wrong in Idaho

Where eviction is filed

District Court, Magistrate Division, as an unlawful detainer.

Governing law

Cited from the Idaho Code.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

Idaho lease questions, answered

How much can a landlord charge for a security deposit in Idaho?
Idaho sets no statutory cap on the security deposit amount. The deposit must be accounted for within 21 days after the tenancy ends (Idaho Code § 6-321).
Is there a limit on late fees in Idaho?
Idaho sets no statutory late-fee cap; the fee must be stated in the lease.
How much notice must a landlord give before entering a rental in Idaho?
Idaho has no statutory entry-notice requirement, so Landy's lease sets one by agreement. That agreed period is 24 hours.
How do you end a month-to-month tenancy in Idaho?
Either party must give at least 30 days' written notice to end a month-to-month tenancy. (Idaho Code § 55-208)
What happens if a tenant does not pay rent in Idaho?
Tenant has 3 days to pay rent or vacate before the landlord may file for possession. (Idaho Code § 6-303) The case is filed as an unlawful detainer in District Court, Magistrate Division. A landlord may never change the locks or remove a tenant's belongings without a court order.
Does a residential lease have to be in writing in Idaho?
A written lease is not always legally required, but it is what makes the terms enforceable and provable. A written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Idaho with the statutory citations printed in it.

Build a Idaho lease with these rules already in it.

Answer questions in plain English. Landy writes the Idaho lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes Idaho law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed Idaho attorney review your lease before you rely on it.