As a landlord in Idaho, it’s important to familiarize yourself with Idaho landlord-tenant laws before renting out your property. This way, you’ll get a better understanding of what your rights and responsibilities are as a landlord. Keep reading to learn the basics of the Idaho landlord-tenant law!
Required Landlord Disclosures in Idaho
Idaho Landlords must disclose certain information to tenants. But unlike most other states, Idaho landlords only have to provide one disclosure to tenants. Specifically, you must always let new tenants know about the lead-based paint concentrations. This is required of any landlord renting out a unit built in 1978 or earlier.
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Idaho Tenant Rights & Responsibilities
After establishing a lease with a tenant, they automatically obtain the right to:
- Live in a habitable home or rental property that meets the basic health, safety, and building codes.
- Continue living on the property or rental unit until the due process of the law is followed to evict them.
- The return of their security deposit within 21 days after moving out, less any applicable deductions.
- Terminate a periodic lease after serving proper notification.
- Terminate a fixed-term lease with a legal justification, such as starting active military service.
- Be treated fairly as per the Fair Housing Act regardless of their protected classes.
- Be served with a “reasonable” advance notice before landlord entry.
Equally, the Idaho landlord-tenant law grants tenants the following list of responsibilities:
- Keep the rental property sanitary, clean, and habitable.
- Pay rent on time, every month, and abide by all other terms of the rental agreement.
- Use the provided facilities and fixtures as they’re intended to be.
- Make small repairs and maintenance whenever it becomes necessary.
- Report repair and maintenance issues to the landlord as soon as possible.
- Respect the peaceful enjoyment of others.
- Not cause negligent property damage to the unit.
Idaho Landlord Rights & Responsibilities
In Idaho, landlords obtain rights after establishing a rental agreement with a tenant. That can come about if there is a verbal- or written agreement, or after receiving a payment from the tenant as rent. When either happens, you’ll automatically obtain the right to:
- Enter the tenant’s rented premises to perform crucial landlord responsibilities such as inspecting the unit, responding to a repair request, or showing the unit to interested tenants or buyers.
- Evict tenants who fail to adhere to the terms of the leasing agreement during tenancy.
- Ask new Idaho tenants for a security deposit as part of the initial move-in costs.
- Draft a proper lease agreement and enforce its terms to tenants.
- Reject a tenant who fails to meet the bonafide requirements, such as credit rating and income level.
- You can raise rent by any amount and as often as you choose. Idaho is a landlord-friendly state without a rent control law.
- Not renew the lease for another period for whatever reason.
The list of responsibilities for Idaho landlords includes the following:
- Provide the Idaho tenant with a notice of at least 24 hours before entering their rented premises.
- Provide the tenant with the necessary notice before terminating their periodic tenancy.
- Abide by Idaho’s eviction laws when seeking to remove tenants from their residential rental.
- Treat all tenants fairly and equally as dictated by the Fair Housing Act. You cannot, for instance, refuse to rent out your investment to someone because of their race, color, sex, or any other protected characteristic.
- Return the Idaho tenant’s security deposit, or whatever portion remains, within 21 days after moving out.
- Make needed or requested repairs within 3 days of getting written notice from tenants.
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An Overview of the Landlord-Tenant Laws in Idaho
Warranty of Habitability
Idaho landlords must provide their tenants with a habitable home. The Idaho home must have hot and cold running water, working smoke detectors, and sufficient garbage containers. At the time of renting, it must also be mold—and pest-free. Furthermore, you must respond to a repair request from a tenant within 3 days as per the Idaho law. Delays in performing crucial repairs can have legal and financial repercussions.
Tenant Evictions
The eviction laws in Idaho need to be followed down to the letter. You must have a legitimate reason for eviction and follow the due process to obtain a court order. Under Idaho law, landlords can evict tenants for any of the following reasons:
- Failure to pay rent or unpaid rent.
- Committing a lease violation.
- Failure to move after the lease is up.
- Engaging in illegal drug activity on the premises.
- If the tenant commits waste.
It’d be illegal to try to evict a tenant through ‘self-help means, as a retaliatory tactic, or because of a federally protected class.
Security Deposits
Although not required by law, landlords can ask for a security deposit as part of the initial move-in costs. The security deposit can help provide a financial safety net against certain negligent tenant actions, such as moving out without paying rent or utility bills. However, landlords must follow certain rules when handling tenants’ security deposits. For example, they must return the deposit to the tenant, less allowable deductions, within 21 days of the tenant’s move-out.
Bottom Line
Knowledge of the state’s laws is essential for a successful landlord career. This will ensure legal compliance and help build solid landlord-tenant relationships. For expert help in with property management in Coeur D’Alene, Golden Properties has you covered! Our specialty is in single-family and multi-family homes; get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
